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Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ......llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ......gsha and 10th Angsha. As per the said work order the respondent was to complete the work within 30 days from the date of the said work order. The Roads and High Ways Division, Dhaka allocated a total amount of taka 6 crores for the total 36 sub-projects and the project of the respondent was allocate..Category: Others | Date: 10 Oct, 2012 | Hits: 144
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ......nd pass any necessary order/s as it deems fit and proper as equitable relief in addition to doing usual “fair and just” adjudication of any matter under ordinary law. It is also a settled principle of law the fraud vitiates any right, whether a legal right or vested right. ..............udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ......e respective parties. 11. Now, the pertinent question arises as to whether the impugned proceeding is liable to be quashed or not. To decide this issue, it will be necessary to see the extent of principles and categories of cases in which High Court Division may invoke its extra-ordinary power ......ing, an work order was issued in favour of the Islam Steel Mills Limited on 5-3-2003. The contract was valued at Taka 1,33,20,000 out of which the petitioners paid Taka 60,00,000 (sixty lakh); but an amount of taka 73,30,000 (seventy three lakh thirty thousand) remained unpaid. The complainant reque..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......puted questions can be adjudicated and resolved, which is not possible in a quashing proceeding under section 561A of the Code of Criminal Procedure, where jurisdiction is limited by the settled principles. So, the decision of the Appellate Division as referred to by the learned Advocate of the......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......pon the judgment passed in earlier Writ Petition No. 6891 of 2002 which was apparently made in contravention of Order XXI, rule 83 (3) of the Code of Civil Procedure and also in violation of the principle of natural justice, inasmuch as, the direction was made without affording the Agrani ......ecution case Anwarul Bashir Khan filed an application under Order XXI, rule 83 of the Code of Civil Procedure for issuing a sale certificate in his favour in order to enable him to repay the decretal amount by selling one of the mortgaged properties situated at Gulshan. The Artha Rin Adalat rejected..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......dent bank is concerned. SEC cannot compel it (the Bank) to disobey the direction of it's regulator, or to infringe the provision of section 155 (1) of the Act by imposing any condition that would amount to amending the provision of section 155 of the Companies Act, 1994. In other words, SEC shou..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......the court below did not properly disclosed the incriminating evidence against the appellants who are present in dock and faced the trial. Section 342 of the Code of Criminal Procedure is based on the principle involved in the "Maxim audi alteram partem-that is no one should be, condemned unhear...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ...... "Accused presumed to be innocent of the charge till guilt is established by legal evidence No particular number of witnesses legally required to prove the offence. The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he is not requ......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......a show. P.W.5 Asheda categorically proved the same now a pertinent question is involved if there is scope to quash the impugned judgment and order of conviction. 21. It is now a well-established principle of law that quashment under section 561A of the Code of Criminal Procedure is possible in ......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......ility of the petitioner company to pay the VAT has no relation whatsoever with regard to the payment of license renewal fee and spectrum assignment fee. The petitioner company is bound to pay the net amount of the license renewal fee fixed by BTRC, without any kind of deduction. ............... (38)..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......ngs (Supplementary Provisions) Ordinance, 1985 (in short Ordinance of 1985)and that even the Government is not bound by a decree passed in a suit for specific performance of contract in view of the principle enunciated by this Division in the Case of CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 7...... writ petitioners on receipt of Tk.10 lakh and delivered possession of the same and also handed over the relevant papers to the writ petitioners. Subsequently, said Mrs. Farhat Hasan received another amount of Tk. 5,00,000 on 28-1-1992 and lastly on 14-6-1997 an amount of Tk. 4,50,000 from the writ ..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ......t find any illegality in the decision and order dated 6-3-2012 passed by Review Panel-2. 24. In addition to the above findings by us, we also find that the Managing Director of BTCL is barred by principle of estoppel to challenge the impugned decision and order of the Review Panel-2 as he has c......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ...... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ...... trading business through his proprietorship concern named Capital Bangladesh, pursuant to a Memorandum of Understanding (MoU) signed on 4-3-2010. The petitioners further case is that, he has paid an amount of Taka 61,70,000 (sixty one lakh and seventy thousand) to the respondent No. 1 company and t..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
.... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ......th of them used to reside at Urdu Road; the defendant being in need of money in connection with his business approached the plaintiff for a loan of Taka 1,50,000. The plaintiff agreed to pay the said amount as loan for 1(one) year on the condition of paying him interest of Taka 15,000 and on executi..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......weak one, for, the fact of self-inculpation is not, in all cases, a guarantee for the truth of a statement, even as against the person making it, much less is it so against another. 13. The principle behind section 30 is that a confession may be true so far as it implicates the maker, but ......arantee for the truth of accusation against the other. For, when a person admits his guilt and exposes himself to the pains and penalties provided therefore, there is guarantee for his truth. To amount to such a guarantee, the statement must amount to a confession on the part of the maker with ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......ves or to create public sensation. The High Court Division has been taking cognizance of those petitions without looking at whether or not such petitions are at all maintainable in the light of the principles settled by this Division in Mohiuddin Farooque, Professor Mozaffor Ahmed, and Ms. Syeda...... tax of Taka 1,200 on every new SIM/ RUIM card in exercise of the powers under VAT Act; the tariff value of a SIM/RUIM Card was fixed at Taka 2,172 by notification dated 9th June, 2005 and the said amount was subsequently reduced to Taka 1,628.96 on 30th June, 2005. The said tariff value has been..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......16-1-2003 and/or pass such other or further order or orders as to this Court may seem fit and proper. 3. In both the Petitions Rule were issued in common terms where only the contract and refund amounts are different being Contract No. 09690 in respect of 50MW Power Plant at Kumargaon, Sylhet a..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......equirement that the exercise of such power must serve either of the three purposes mentioned in the section. 11. Off and on, we have noticed, the High Court Division has been ignoring this settled principle of law on the question of its power under section 561A and exercises its power rampantly a......uch court or tribunal may be acting without or in excess of jurisdiction if this condition is lacking when a tribunal acts without or in excess of jurisdiction, its decision. This sort of order tantamounts to undermining the authority of the learned Magistrate by the Judges of the highest echelon...Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......y normal breathing of the unpolluted air of judicial independence, so that the indispensable independence of the judiciary is kept up. The questions to be discussed has got significance affecting the principle of independence of judiciary. 14. The relevant sentences, in the Ruling of the Hon'ble......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Nalu Vs. State, 2012, 41 CLC (AD)
....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......ath is not only an unusually severe punishment, unusual in its pain, in its finality, and in its enormity, but it serves no penal purpose more effectively than a less severe punishment, therefore the principle inherent in the Clause that prohibits pointless infliction of excessive punishment when le......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
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