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Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....eading captions distorted the truth in reporting that Justice Faizee's LLB certificate was forged and that he never passed his LLB examinations thereby interfering with the administration of justice and shaking the public confidence. 3. After obtaining his Bachelor of Arts degree,......ficate or marks sheet. The reporter then went on to describe how 19 lawyers had been appointed by passing the recommendation of the Chief Justice where political affiliation was given precedence according to the Supreme Court Bar Association. The reporter also gave personal details about the ed......eal No.12/05] VS. Md. Faiz and others ….......................Respondents (In all cases) Judgment March 11, 2014 Result: The Appeal is allowed. Case Referred to- Md. Riaz Uddin Khan Vs. Mahmudur Rahman, 63 DLR (AD) 29, Sir Edward Snelson Vs. Judges, Hig......ed his LLB examinations thereby interfering with the administration of justice and shaking the public confidence. 3. After obtaining his Bachelor of Arts degree, Justice Faizee studied law at the Chittagong Law College under the Chittagong University. He appeared in the LLB preliminar..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
....criminatory and violative to the fundamental rights as guaranteed under Articles 27 and 29 of the Constitution.
15. In view of the forgoing discussions and findings, we are inclined to hold that justice will better be served if a direction is given upon the respondents to issue notification rel......to the respondent No.6 on 18-2-2014 praying for promotion to the posts of District Education Officers/Headmasters from amongst the Assistant District Education Officers and Assistant Headmasters according to their seniority, and acknowledged to withdraw the instant writ petition. The respo......13.
Judgment
Kazi Md. Ejarul Hague Akondo J.— This Rule Nisi, under Article 102 of the Constitution of the People's Republic of Bangladesh, was issued calling upon the respondents to show cause as to why the Notification No. ৩৭.০০.০০০০.০৭১.০২.০১৬.......ict Education Officer, should not be declared to be ultra vires to the Bangladesh Civil Service Recruitment Rules, 1981 and Articles 27 and 29 of the Constitution and to have been issued without lawful authority and is of no legal effect and also as to why the respondents concerned should not b..
Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3
State Vs. Arman, 2014, 43 CLC (AD)
.... 5. In granting bail the court should not be oblivious of the trend of rising similar nature of offences in the country. The exercise of power must be carefully balanced and weighed in the scale of justice. In such cases the Courts are bound to exercise their discretion judiciously with due care a......fice to place the matter in court for hearing. In the meantime the period of interim bail expired by efflux of time. In view of the above, this petition became infructuous. This petition is accordingly disposed of with the above observations. A Division Bench presided over by Moyeenul Isla............................Respondents Order March 9, 2014. Result: This petition is disposed of. Lawyers Involved: Mahbubey Alam, Attorney-General, instructed by Madhu Malati Chy Barua, Advocate-on-Record—For the Petitioner. ......bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ..Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ...... due procedures have been initiated against the respective petitioners, for no other procedures have been prescribed or referred to or mentioned within the four corners of the said Ain, 2009 and that according to section 34(2) of the Ain, 2009 the penal Chairman will now discharge the functions......sp; Government of Bangladesh and others..........Respondents Judgment March, 2014. Result: Both the Rules are made absolute. Cases Referred to- Bangladesh Vs. Lokman Patwari, 46 DLR (AD) 163. Lawyers Involved: AM Amin Uddin a......it Petition No.3705 of 2013) Nusrat Jahan, AAG—For the Respondent-Government Writ Petition Nos. 10166 & 3705 of 2013. Judgment Farah Mahbub J. - Since common question of law and facts are involved in both the Rules Nisi and, as such, those have been heard together and a..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ...... clearly stated that the 2% share qualification was applicable for sponsor directors; it had also clarified that the following categories of directors would be considered as independent directors and accordingly the condition to hold 2% minimum shares in the paid up capital of the bank was not appli......under the Companies Act, 1913; it carries on business as a commercial bank through its branches located all over Bangladesh it's shares are listed and publicly traded in the Dhaka and Chittagong Stock Exchanges; that the Respondent No. 2 is the Office of the Chief Election Commissioner, for cond......etitioners from contesting the directors' election in the 30 AGM of the respondent Bank, the scrutiny committee of the Respondent No. 2, Office of the Chief Election Commissioner, illegally and unlawfully issued a notice dated 14-8-2013 holding that the petitioners were not qualified to contest ..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)
.... application for withdrawal of the succession case as per provision of the Code of Civil Procedure. 10. However, in the circumstances narrated above the Court below did not commit any wrong or injustice at all in transposing the added opposite parties as petitioners and the petitioners as ...... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ......tioners. Probir Niogi, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For Respondent No.3. Not represented—Respondent Nos. 1 and 2. Civil Petition for Leave to Appeal No.1827 of 2009. (From the judgment and order dated 24-5-2009 passed by the High Cour......e added opposite parties as petitioners in the succession case filed by the present leave-petitioners. Mr. Fida M Kamal has advanced argument to the effect also that there is no provision in any law for transposing the opposite parties as petitioners in any case and, as such, the transposition ..Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
....ivision for hearing on merit or in the alternative, the writ petition may be disposed of finally by this Court invoking the power vested in it under article 104 of the Constitution for doing complete justice in a case. 14. Mr. Harun-or-Rashid, learned Advocate, entering caveat on behalf of the ......es stated here-in above, we consider it a fit case to invoke the power conferred upon this Court by the Constitution vide article 104 of the Constitution for doing complete justice in a case and accordingly, this leave petition is disposed of in the following terms: (a) The judgment-debtor......osne Ara Begum, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For Respondent No.4. None represented—For Respondent Nos.1-3 & 5. Civil Petition for Leave to Appeal No. 2125 of 2010. (From the order dated the 18th day of July, 2010 and the 18th day o......4 rejecting the application under section 57 of the Artha Rin Adalat Ain 2003 and confirming the auction of the mortgaged property (annexure-J) shall not be directed (sic) to have been issued without lawful authority and is of legal effect and/or pass such other or further order or orders as to this..Category: Others | Date: 24 Feb, 2014 | Hits: 15
....is imperative on the part of the Court to refuse pre-arrest-bail when allegations against the petitioners are of serious nature, because the Court must always nurture in their introspection that justice must eventually be done by ensuring punishment for the offenders, as otherwise the fabrics o...... Account No. 108492, maintained in the joint names of Dr. Khandaker Mosharrof Hossain and his spouse, Bilqis Aktar Hossain, with Lloyds TSB Bank at Guernsey. It has also been asserted in the FIR that according to a dossier by the Financial Investigation Unit, Bailiwick of Guernsey, the said mon......…………Petitioner
Vs.
Dr. Khandaker Mosharraf Hossain and another.........Respondents
Judgment
February 24, 2014.
Result:
The petition for Leave to Appeal is disposed of.
The Code of Criminal Procedure, 1898 (V of 1898); section 498
...... the High Court Division into a Magistrate's Court is least desired……………..(14)
Pre-arrest bail is an extraordinary remedy, an exception to the general law of bail, can be granted only in extra-ordinary and exceptional circumstances upon proper and int..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)
....y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372 ......rer can fix the Actual Price— The Commissioner may fix the price as per recommendation of base value Review Committee constituted by the Board. The VAT authority cannot fix the base value according to its sweet will and it is only the manufacturer who can fix the actual price. If the pri......peal is allowed. Value Added Tax Rules, 1991; Rule Rule 3(3) & Rule 3(7) Fixing Price, VAT in Special cases by Gazette Notification— Section 5(7) of the Ain allows the Board to fixing price, VAT in special cases only and that must be done through gazette notification&hellip......ity cannot fix the base value according to its sweet will and it is only the manufacturer who can fix the actual price. If the price declared by the appellant is supported by the documents and as per law, the VAT authority without verifying the market and conducting any investigation still cannot fi..Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....manded to the Court of Settlement to deal with it in the light of our discussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ......manded to the Court of Settlement to deal with it in the light of our discussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ......t: The appeal is allowed. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellant. Murad Reza Additional Attorney-General instructed by B Hossain, Advocate-on-Record—For the Respondents. Civil App...... was filed by the appellant and leave was granted to consider the following grounds: I "Whether the High Court Division was wrong in holding that the High Court Division is not competent in law to disturb the finding of the Court of Settlement particularly, when it is apparent that the Cou..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
কবির ষ্টীল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in: ......ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in: ......৭। ধারা ৮২সি Tax on income of certain person. (1) Notwithstanding anything contained in this Ordinance or any other law for the time being in force, where any amount referred to in sub-section (2) is received by, or accrues or arises, or is deemed to accrue or arise ot, a pe......আয়কর অধ্যাদেশ ১৯৮৪ ২৭। ধারা ৮২সি Tax on income of certain person. (1) Notwithstanding anything contained in this Ordinance or any other law for the time being in force, where any amount referred to in sub-section (2) is received by, or ..Category: Fiscal/Taxation Law | Date: 17 Feb, 2014 | Hits: 7
.... can protect his right and title in that property by filing proper suit in a proper forum."
The petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 213.
...... can protect his right and title in that property by filing proper suit in a proper forum."
The petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 213.
......nior Advocate instructed by Nahid Sultana, Advocate-on-Record—For Respondent No.5 (as added respondent)
None represented—For Respondent Nos.1-2 & 4.
Civil Petition for Leave to Appeal No.385 of 2011
(From the judgment and order dated the 2 day of December, 2010 passed ......a Rin Adalat that the application under section 32 of the Ain, 2003 was not maintainable as the same was filed without depositing security equivalent to 25% of the decretal amount as per provision of law.
8. To dispose of this leave petition, we need to consider section 32 of the Ain, 2003 whic..
Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
...., we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......, we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ...... Begum and others...……………Respondents Judgment February 16, 2014. Result: Both the petitions are dismissed. The preamble cannot be used to control the enactments themselves where they are expressed in clear and unambiguous terms. T......cting the, plaints of both the suits. 2. Both the civil petitions for leave to appeal arising out of the common judgment and order between the same parties and involving common question of law and fact having been heard together are disposed of by this single judgment. 3. The facts l..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
....d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......te................................................Respondent Judgment February 13, 2014 Result: The petition for leave to appeal is dismissed. The accused-petitioners having no morality could dare to sell the ......12. Mr. Md Shamsul Huq, learned Advocate appearing on behalf of the leave petitioners, submits that the High Court Division has failed to consider that the trial Court fell into serious error in law in not considering the inherent defect of the prosecution case in that there was a GD Entry bein..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176. ......The SA khatian was recorded in the name of Nazimuddin correctly. After the death of Nazimuddin, defendant Nos.1-7 inherited the suit land. Therefore, the plaintiffs are not entitled to get any relief according to law. And as such, the suit is liable to be dismissed. 4. The trial Court upon hear...... Shahed Badsha and others……………………Respondents Judgments February 11, 2014 Result: The appeal is allowed. Cases Referred to- Abdul Hamid Mollah Vs. Abdul Hye, 49 DLR 428; Abdur Rahman Mia Vs. M Saber Ali Mia, 4 BLC 4......n was recorded in the name of Nazimuddin correctly. After the death of Nazimuddin, defendant Nos.1-7 inherited the suit land. Therefore, the plaintiffs are not entitled to get any relief according to law. And as such, the suit is liable to be dismissed. 4. The trial Court upon hearing the parti..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)
....patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ......patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ......d another…………….................Respondents Judgment February 10, 2014. Result: The petition is disposed of. Anticipatory Bail or Pre-arrest Bail is an extra-ordinary remedy and an exception to the general rule of bai......n exception to the general rule of bail which can be granted only in extra-ordinary and exceptional circumstances upon a proper and intelligent exercise of discretion. This being the position of law settled by this Division, the High Court Division cannot exercise its discretion whimsicall..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)
....used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ......used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ......Islam and another…………................Respondents Judgment February 10, 2014. Result: This petition is disposed of. Anticipatory Bail is an extra-ordinary remedy and an exception to the general rule of bail which can be gran......n exception to the general rule of bail which can be granted only in extra-ordinary and exceptional circumstances upon a proper and intelligent exercise of discretion. This being the position of law settled by this Division, the High Court Division cannot exercise its discretion whimsicall..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......t control suit on their refusal to accept the same. The trial Court observed that the appellant was a defaulter; that the period of lease in respect of the suit premises expired on 10 March, 2001 and accordingly, decreed the suit. While passing the decree, it also directed that— “......t Appellate Division (Civil) Present: Appellate Division (Civil) Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Loreeto……………........................Appellant Vs. Nasreen So......Division that it was not liable to pay damage of Taka 5,000 per day for staying in the suit premises even after expiry of lease........the learned Judges of the High Court Division seriously erred in law in not deciding the point though noticed in the judgment.......' In course of the hearing of..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....reviving the miscellaneous case (16 of 1989), the same may be disposed of finally by this Court invoking the power vested with this Court under article 104 of the Constitution in order to do complete justice and in support of his submission, he has referred to the case of M/s Gannysons Limited Vs. S...... cancellation of the auction sale stating, inter alia, that the decree-holder-corporation, had already allowed reschedulement for payment of the outstanding loan and he had been paying the loan money according to that reschedulement; after reschedulement, the writ-petitioner paid a big chunk of mone.............Respondents Judgment February 3, 2014. Result: The Petition is disposed of. Mere failure to raise objection as to the jurisdiction of a Court to hear and try a suit or a case or in other wo...... Rin Mortgaged Suit No.152 of 1991 or in the execution case started on the basis of the said decree or in the auction sale of the mortgaged property. The auction sale was held in accordance with law and there was no reason at all for setting aside the same and the impugned order did not suffer ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Pannu @ Md. Pannu Mia & others Vs. State, 2014, 43 CLC (HCD)
....ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ......ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ......y;dence. On behalf of the state an application was filed for further investigation stating that the investigating officer left out some eye witnesses in respect of the offence. Moreso, he failed to record the statements of some important witnesses under section 161 of the Code of Criminal Proce......ng the materials on record. 8. The learned Deputy Attorney-General appearing for the State Opposite party opposes the Rule, and submits that the learned Magistrate acted within the ambit of law in respect of sending the case for further investigation, inasmuch as most of the important..Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2
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