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A.H. Azam Khan Vs. Bangladesh and Ors, 2016, 45 CLC (HCD)
.... judgment upon all the respondents including the Member of Parliament for necessary information. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 194 ......ce released the petitioner from the post of Chairman of the Governing Body of the College in question without giving any opportunity to defend; such action of the Respondent No. 4 is violative to the principle of Natural Justice. Mainly the learned counsel for the petitioner tried to impress upon us......on, Rajshahi issued a letter dated 1-1-2015 under section 39 of the Intermediate & Secondary Education Ordinance, 1961 giving approval of the Ad-hoc Committee of the College in question for a period of 6 (six) months till 30-6-2015 (Annexure-A). Accordingly, Ad-hoc Committee was formed...... judgment upon all the respondents including the Member of Parliament for necessary information. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 194 ..Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4
....2014 for resolution of the dispute between the petitioner-company and the respondent No.1 through arbitration.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 165
......them to restore the electric line of the petitioner and withdraw the demand notice, but in vain. The action of the respondents in disconnecting the electric line of the petitioner is violative of the principle of natural justice. So the impugned order dated 26-11-2012 is clearly without lawful autho......ter bearing No. 05920120, removed the same and set up another meter bearing No. 07922470 without rhyme or reason. On 27-1-2008, the petitioner obtained permission from Comilla Palli Bidyut Samittee-1 for supply of electricity for the operation of the CNG Filling Station and since then it has been ru......2014 for resolution of the dispute between the petitioner-company and the respondent No.1 through arbitration.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 165
..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....6615010629
12-7-2015
C 1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
.......Respondent
Judgment
January 27, 2016
Result:
The Rule is made absolute.
Principle of Natural Justice—
Since no punishment could be imposed without adhering to the principle of audi alteram partem, the principle of natural justice requiring the concerned authority......though there was no such specific requirement in the said provision…………(12)
Determination of Liability—
Though the Commissioner has power to issue an order for stoppage of export/import of a defaulter under section 202 of the Customs Act, 1969, w......bsp;202 of the Customs Act, 1969, which is a similar provision like section 56 of the VAT Act, 1991, the preconditions for issuance of any such order under section 202 is the determination of liability of the person upon whom such order will be passed. But in the present cas..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 150 ......cretary of State, reported in (1969) 2 ChD 149 corresponding to (1969) All ER 904 as under: "Where a public officer has power to deprive a person of his liberty or his property, the general principle is that it is not to be done without hearing." 26. The petitioner being a lawful......elled different countries of the world on many occasions. The passport was issued in favour of the petitioner on 23-11-2006. Later on, the petitioner went to the office of respondent No.2 and applied for a new Machine Readable Passport (MRP). Respondent No. 2 duly received necessary papers from the ......seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 150 ..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
.... Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016)110 ...... Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016)110 ......ere in any contract, time is intended to be of the essence of the contract, it is not sufficient to find whether there was such intention or not, but it is necessary to find whose unwillingness to perform his part of the obligation under the contract eventually led to the non-performance of the cont...... on various pretexts did not come forward to perform his part. 4. The learned Joint District Judge, 1st Court, Dhaka upon considering the pleadings of the parties framed the following issues for determination: i) Whether the suit is maintainable in its present form and manner? ii) Whe..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....this judgment and order to the learned trial court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 167 ...... the exclusive control and custody of her husband the condemned-prisoner Golam Rabbani in his dwelling hut and the occurrence was held in dark night within their residence. Therefore, the established principle of law with regard to this; as to the responsibility or onus of proof is entirely lies upo...... Judgment Soumendra Sarker J.— This Death Reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 3rd Court, Bogra for confirmation of the death sentence awarded against the condemned-prisoner Md. Golam Rabbani Khan......this judgment and order to the learned trial court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 167 ..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ......dquo;community” and observed that though the “community” revered and protected life because “the very humanistic edifice is constructed on the foundation of reverence for life principle” it may withdraw the protection and demand death penalty: “----It may do ......against Humanity and aiding & complicity to commit such crimes as specified in section 3(2) (a) (g) (h) of the Act No. XIX of 1973] The Petitioner Ali Ahsan Muhammad Mujahid was found guilty for the “Crimes against Humanity enumerated in Section 3(2) of the ICT Act listed in charge No......has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ..Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111
....onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
......allegations by filing a counter affidavit or demands the attendance of the deponent for his cross-examination, the affidavit shall lose all its force and cannot be acted upon.
104. The governing principle for affidavit evidence as provided in rule 3 Order 19 is that a deponent shall s......r section 3(2)(a)(h); in respect of charge No. 17 under section 3(2)(a) and in respect of charge No. 18 under section 3(2)(a) of the International Crimes (Tribunals) Act, 1973.
2. Facts relevant for the disposal of the appeal are as under:
The investigation agency conducted a prelimin...... Muslim League after Ayub Khan. He, however, admitted that Ayub Khan and his government and party Caused repression, persecution, killing and torture those who supported Bangalee's self determination movement. He denied the defence suggestion that he was deposing falsely as tutored by ..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ......also argued that this Court can not sit as a Court of appeal sitting in writ jurisdiction. This Court only can interfere if it is found that the Court of Settlement acted malafide and in violation of principle of natural justice. But in the present case no such allegation has been brought on behalf ......serting the property with the intention of never returning to it. Such absolute desertion must be concomitant with the positive intention to give up the right vested in the property. It follows, therefore, that mere temporary or occasional absence of physical possession shall not of itself suffice t......e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
....n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
......inserting the possession of respondent No. 9 in the Remark Column which is of no legal effect; that the respondent No. 4 in holding a Secret Inquiry in collusion with respondent Nos. 5-7 violated the principle of Natural Justice and also infringed the fundamental rights of the petitioner as guarante......al of land of plot Nos. 2807 and 2810 with Hamidul Huq Chowdhury on the basis of the partition decree in Suit No. 1366 of 1926 and while in possession the BS (DP) khatian No.1124 showing plot No.5310 for 42 decimal 5310/5458 for 46 decimal along with other lands have been rightly prepared in the nam......n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
....s to costs.
Send down the record of the Court of Settlement.
Communicate the judgment to respondent No. 1 at once.
Zinat Ara J.- I agree.
Ed.
This case is also Reported in:
......udgment.”
11. And in the case of Government of Bangladesh and others Vs. Bibi Marium and other, reported in 54 DLR (AD) 100 wherein their Lordships held that,
“It is now settled principle of law on interpretation of section 5(1)(b) of the Abandoned Buildings (supplementary prov......ng as published in the Bangladesh Gazette Extra Ordinary on 23.09.1986 and pass such other or further order or orders as to this Court may seem fit and proper.”
2. Relevant facts necessary for disposal of this Rule, in brief, is that, the predecessor-in-interest of the vendor of the petit......s to costs.
Send down the record of the Court of Settlement.
Communicate the judgment to respondent No. 1 at once.
Zinat Ara J.- I agree.
Ed.
This case is also Reported in:
..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ......kder Vs. State, 6 BLT High Court Division, 99 page 73. In reply the learned Assistant Attorney General vehemently argued that in such a matter of sexual offence it has been by the time a settled principle that a conviction may well base on the solitary testimony of the prosecutrix alone an......sentence dated 19-4-2012 passed in Nari-o-Shishu Case No. 3 of 2003 arising out of Khoksa Police Station Case No. 3 dated 13-9-2002 by the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal, (for short, the tribunal) convicting the appellant under section 9(1) of Nari-o-Shishu Nirjatan Daman......d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
.... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......s we notice the killing of women or minor girls by pouring corrosive substances over petty matters, which could not be imagined of to be perpetrated in the western countries. We would not incorporate principles foreign to our Constitution or be proceeding upon the slippery ground of apparent similar......Jail Petitions)
Civil Appeal No.116 of 2010
(From the judgment and order dated 2.3.2010 passed by the High Court Division in Writ Petition No.8283 of 2005.)
With
Criminal Petition for Leave to Appeal No.374 of 2011
(From the judgment and order dated 25.5.2011 passed by the H......death must be pronounced.
As regards most offences, the policy of the law is to fix a maximum penalty, which is intended only for the worst cases, and to leave to the discretion of the judge the determination of the extent to which in a particular case the punishment awarded should approach to ..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......s we notice the killing of women or minor girls by pouring corrosive substances over petty matters, which could not be imagined of to be perpetrated in the western countries. We would not incorporate principles foreign to our Constitution or be proceeding upon the slippery ground of apparent similar......of 2010)
Mr. Mahbubey Alam, Attorney General, instructed by Mrs. Mahmuda Begum, Advocate-on-Record- For the Respondent ((In Criminal Petition No.374 of 2011)
Mahbubey Alam, Attorney General for the Respondent (In all the Jail Petitions)
Civil appeal no.116 of 2010.
(From the judg......ust be pronounced.”
As regards most offences, the policy of the law is to fix a maximum penalty, which is intended only for the worst cases, and to leave to the discretion of the judge the determination of the extent to which in a particular case the punishment awarded should approach to ..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
....ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......elates to the detention of the detenu. The facts and circumstances of the case referred to above and the facts and circumstances of the case in hand are not similar and identical. Therefore, the principle expounded in the case referred to above does not apply in the facts and circumstances of t...... backdrop of repeated denial of police that Salauddin Ahmed is under their custody, the Court has no scope under section 491 of the Code to direct the police to bring up and produce Salauddin Ahmed before this Court. But the Court opines that police cannot absolve their responsibility just by saying......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
....upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......her that the BSEC on being informed of such subscription by the Ells, marking the successful completion of the price discovery exercise, eventually issued its Consent Letter of 9-12-2014 endorsing in principle the right of the Company to declare any benefit/dividend based on the Financial Statement ......
Writ Petition No. 7647 of 2013.
Judgment
Syed Refaat Ahmed J.— This is an Application under section 81(2) read with section 85(3) of the Companies Act, 1994 ("the Act") for condonation of delay in holding the 7th Annual-General Meeting ("AGM") of United ......upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)
....ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278 ...... is not mandatory in nature. Non submission of report by the investigating officer within 45 working days cannot be a good ground for quashing the proceedings......... (48) The settled principle is that while considering of the application under section 561A of the Code the High ......ur Rahman and anothers..........Respondents Judgment April 12, 2015. Result: All the petitions are disposed of. The Criminal Procedure Code contains a detailed Procedure for Investigation, Charge and Trial—Requirement of the High Court Division while Exercisi......ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278 ..Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
...., quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......n Machhi Singh this Court observed that though the “community” revered and protected life because “the very humanistic edifice is constructed on the foundation of reverence for life principle” it may yet withdraw the protection and demand death penalty. The kind of cases in w...... statutory provisions. As the doctrine of stare decisis does not bind this Division under Article 111 of the Constitution, a review petitioner can not invoke that doctrine. There are authorities for the proposition that fresh evidence, which has bearing on the event under consideration, but des......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
....shy;cate the matters in accordance with law.
No cost.
Communicate the judgment to respondent No. 1 at once.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 98
......ble to section 156(1) of the Act, as separate proceedings ought to have been initiated;
(6) show-cause notices for demand of duties, taxes, etc. were not served upon the petitioner violating the principle of natural justice and therefore, the impugned orders are unlawful and liable to be struck......d under the bonding facilities with all rent, penalties, interest and other charges payable in respect of the goods, if the goods have not been removed from the warehouse within the time allowed for such removal under section 98 of the Act..............(17)
Under sub-sections (1) and (2A) ......shy;cate the matters in accordance with law.
No cost.
Communicate the judgment to respondent No. 1 at once.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 98
..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....hose previous Tenancy Laws save and except the Non-Agricultural Tenancy Act, 1949 and the Transfer of Property Act, and those unrepealed land laws along with Part V of the Act of 1950 have become the guiding laws of the country. Therefore, those findings are superflous but the ultimate decision of t......repayment the grant determined and the land reverted to the mortgagor who was entitled to re-enter. After the common law mortgage became a mortgage by conditional conveyance; it was modified by three principles of equity; such as: a) that equity looks to the essence of the transaction and that ........................Respondents Judgment March 14, 2012. Result: The appeal is dismissed. Sections 95 and 95A are special laws promulgated for the protection of poor tenants, maliks or raiyats from the clutches of the moneyed men or ex-lan......the date of promulgation of the President's Order No.88 of 1972 (PO 88 of 1972), and whether, the suit for redemption of mortgage is maintainable as the transaction being past and closed one. The determination of these questions require the construction of the deed dated 22nd April, 1926, Exhibi..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
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