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Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....lant. There is no bona fide requirement as claimed by the plaintiffs as there being 8 owners for selling the property as there is no precedent to support the finding of the trial Court that the power/right to sell a property falls within the ambit of 'bona fide requirement' as per sect......enant Can Restrain Landlord Permanently from Evicting by Challenging the Title- It is settled principle of law that tenant can file suit but that he can done after surrendering the suit premises to the plaintiff landlord. Moreover, at no point of time tenant has right to challenge the title of ......nt appellant having in dilemma as to who is the landlord, filed House Rent Control Case No.19 of 2001 and regularly paying rent in that suit. Defendant appellant having scent that he may be physically ousted from the suit premises filed Title Suit No.17 of 2002 in the Court of Assistant Judge, ...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....he fact that three senior most learned counsel expressed their desire to make further submissions, we treat this case as an exceptional one and recall the unsigned orders in exercise of inherent powers of this Division. 3. Short facts relevant for the disposal of these petitions are succin......nance, Bangladesh Secretariat, Ramna, Dhaka and others...........Respondents (In both the cases) Judgment May 5, 2012. Result: The writ petition is dismissed. Cases Referred to- General Medical Council Vs. Spackman (1943) AC 644-645; Kanda Vs. Government of Malaya (196......f analogously. 2. Before entering into the merit of the matter we would like to dispose of the application filed by Prof. Muhammad Yunus (petitioner) in Civil Petition No. 640 of 2011 for recalling the unsigned order dated 5th April, 2011. The leave petitions upon hearing the parties at le......ditions on which he was appointed as Managing Director. Mr. Mahmud's response was that he would reply to our query later on but to our utter surprise, Mr. Mahmud concluded his submissions without meeting our query. 21. The petitioner has come in Court for judicial review of the orders/decis..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....ork of arbitration act and no provision of revision has been created in the arbitration act so no civil revision will lie in the High Court Division…................ (16) High Court not empowered to entertain civil revision regarding arbitration The statute has given no right to the......Traders …………………..............Opposite-Party Judgment May 3, 2012. Result: The Rule is discharged. District Judge not amenable to the High Court Division No appeal or revision lies against an order passed by the District J......ration as such it shall prevail over general law. No civil revision against arbitration Arbitration Act, 2001 is substantive as well as procedural law, where right of appeal has been specifically provided within the framework of arbitration act and no provision of revision has been created......tly by amending the agreement the arbitration clause was incorporated. d. Thereafter, a new committee of the second party was elected and in the Extra-Ordinary General Meeting and annual general meeting was held and power of attorney was ratified with certain amendment. e. Thereafter, 1st ..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....nal matters The Court cannot fold its hand in despair and declare 'judicial hands off'. So long as the question arises whether an authority under the Constitution has acted with the limit of its power or exceeded it or the power has been exercised without application of mind and mechanically or......ide one or the order has been passed on some extraneous consideration or how far the order is fair and reasonable it can certainly be examined and decided by the Court. The Court cannot be debarred to examine the decision making process and the correctness of the decision itself……………...... So long as the question arises whether an authority under the Constitution has acted with the limit of its power or exceeded it or the power has been exercised without application of mind and mechanically or the order in question is a mala fide one or the order has been passed on some extraneous ......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....dalat before higher forum; rather he participated in the entire process. 19. The High Court Division also considered that there are conflicting decisions of the High Court Division regarding the power of Artha Rin Adalat to review its own order. In this connection, it is pertinent to quote sect......;……….........Respondents Nasima Enterprise..................... ...............Respondents Judgment April 19, 2012. Result: The Civil Petitions for Leave to Appeal are dismissed. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed ...... its dues from the judgment-debtor in accordance with law. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of law and fact do not call for interference. In the light of the findings, we do not find any substance in both the C......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....spect of the suit land…………………..(20) In a suit for partition not merely the interest of the plaintiffs but also the interest of all the parties to the suit need be protected. The power to appoint a receiver as conferred by Order 40, rule 1 of the Code of Civil Procedure, there......t: The petitions are disposed of. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XL, Rule 1 Appointment of receiver in a suit for partition It is not proper to appoint a receiver in a suit for partition. Mere existence of a dispute cannot be a ground whats......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
.... the convicted accused against the judgments Judge, Court No.7, Dhaka. In those appeals the Commission prayed for addition as respondent on the ground that it being an independent organization having power to inquire, investigate, conduct cases and life appeals against appealed orders of the Special......33 of 2010). Ahsanul Karim, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-record—For the Petitioners No.1 (In Criminal Petition No.234 of 2010). Criminal Petition for Leave to Appeal Nos.190-191 of 2010 with Nos. 233-234 of 2010. (From the judgment and order dated 8-1......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
....antity, price, description and customs classifications of any goods verified and certified in the prescribed manner by a PSI agency shall be accepted as the basis for assessment. And in exercise of power vested in the Government under section 25A of the Act the Government framed “প্রি-......(Civil) Present: Surendra Kumar Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shamsul Huda J Commissioner of Customs......................Appellants Vs. Faridul Alam..................................Res......tioner and then to melt the same in his furnace as the goods had already been assessed and the petitioner paid the customs duties and other taxes as per assessment. Therefore, no interference is called for with the impugned judgment and order. 10. Admittedly, the goods in question were imp....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)
....ls in the Upazila. 6. The respondent-government, in all those writ petitions contested contending, inter-alia, that according to"(33Wftt" published on 4-2-2010 the government has ample power to curtail/stop the payment of government portion of salaries of the teachers and employe......lip;………………………… Respondents Judgment April 10, 2012. Result: All the Petitions are dismissed. Opportunity to educational institutions of being heard complying the demand of natural justice. Admitt......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ..Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13
.... does not mean that AGM to transact the left out agenda cannot be transacted subsequently, inasmuch as by now it is well settled that under section 85(3) of the Act, 1994, the Company Court has ample power to pass necessary ancillary order to hold fresh AGM which was not held in accordance with law ......Bank of Bangladesh Limited and Others……….Respondent
Judgment
April 9, 2012.
Result:
The leave petition is disposed of with instructions.
Cases Referred to-
Reazaul Karim (Md.) and others Vs. ABM Khalequzzaman and others, 62 DLR (AD) 411; Satish Ch......titioners filed an application under the said sections of the Companies Act, 1994 (the Act, 1994) before the Company Bench of the High Court Division with the substantive prayers for issuing a notice calling upon respondent Nos. 1, 7-13, that is, EXIM Bank Limited and its Managing Director, Secretar......desh Bank's Circular letter being BRPD Circular No.12 dated 26.04.2003 and MoU executed among the sponsor Directors of the Bank on 12.04.2004. The present petitioners were entitled to vote in the meeting and were willing and desirous to contest in the election of the Directors of the aforesaid 9..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ফিকেট ইস্যুকরিবে। ....................................” 16. Therefore, it is evident that in view of the above clear provision of the Ain, the Bank was empowered to possess/enjoy and sell the mortgaged property by virtue of the certificate issued by the ......er Vs. Bangladesh and others……………...Respondents Judgment April 4, 2012. Result: The rule as well as the supplementary rule is discharged. Cases Referred to- Talekhal Progressive Fisherman Co-operative Society Ltd. Vs. Bangladesh, 1981 BLD (AD) 103;...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....hu Case No.224 of 2010 arising out of Rajpara Thana Case No.33 dated 25-8-2010 corresponding to MGR Case No.1046 of 2010 is hereby reversed and the convict-appellant is discharged, in exercise of the power vested in this Court under clause (b) of section 423 of the Code of Criminal Procedure, from t......d-Appellant (In-Jail) Vs. State………………………..............For the Opposite-Party Judgment April 3, 2012. Result: The appeal is allowed. Cases Referred to- Mizanul Islam @ Dablu Vs. State, 41 DLR (AD) 151; State Vs. Monu Miah, 54 DLR (AD) 60. ......342 of the Code of Criminal Procedure while it had examined the accused course of trial, (2) whether the prosecution has able to prove its case beyond reasonable doubt and (3) whether interference is called for as regards the impugned Judgment and order, in the facts and circumstances of these case.......ution case, in brief, is that on 5-6-2010 at about 10.00 hours at night the victim Amena Khatun has been beaten by her husband (the convict-appellant), causing several injuries on her person, for not meeting a demand of dowry. Accordingly, the victim, on 25-8-2010, lodged the First Information Repor..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... of confining any woman or child for the purpose of extracting ransom. Section 30 covers the instigation of such offences as mentioned above. For ends of justice, Tribunal Judges are empowered to try any other related offences simultaneously The offences under sections 302/201/3......ining any woman or child for the purpose of extracting ransom. Section 30 covers the instigation of such offences as mentioned above. For ends of justice, Tribunal Judges are empowered to try any other related offences simultaneously The offences under sections 302/201/34 of the...... house since his brother-in-law, Md. Lutfor Rahman, resides in the United States of America. On the date of occurrence, that is on 31-5-2001 at about 8-30 PM accused-petitioner No.2 Tofail Islam Hira called victim Mostasim Billa and took him out of his house for drinking 'Virgin' (soft ...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
.... error or illegality ............. .......................(9) Non-appearance of complainant leads to acquittal of the accused Section 247 of the Code of Criminal Procedure has empowered the Magistrate to acquit the accused if the complainant fails to appear on the day of hearin......passing the impugned judgment and order the learned Sessions Judge did not commit any error or illegality ............. .......................(9) Non-appearance of complainant leads to acquittal of the accused Section 247 of the Code of Criminal Procedure has empowered the Mag...... Criminal Revision No.621 of 1993. Judgment M Enayetur Rahim J.- This Rule at the instance of the accused on an application under section 439 of the Code of Criminal Procedure was issued calling upon the Deputy Commissioner, Sylhet to show cause as to why the impugned judgment and order......rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74. ..Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7
....risdiction under this Act shall be the High Court Division provided that the Government may, by notification in the Official Gazette and subject to such restrictions and conditions as it thinks fit empower any District Court to exercise all or any of the jurisdiction by this Act conferred upon the C......lam Chowdhury J
KM Kamrul Kader J
AHM Kamruzzaman Khan………………………….....Plaintiff-Appellant
Vs.
Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other …................Defendant-Res...... the provision of Rule 9 of the Companies Rule 2000. Rule 9 of the Companies Rule 2000, provides that:
“In all courts having jurisdiction under this Act shall be kept and maintained a book called “the Register of Company matters” in which shall be entered and numbered serially......irector of the Company with Payment of Tk. 55,00,000/- (fifty five lacs) in share subject to the approval of the Ministry of Industries, which was accorded on 12.01.1995.
4. Next, on 01.4.1995 a meeting of the Board of Directors of the Company was held under the Chairmanship of Defendant No. 2 ..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
....the plaintiffs is the defence case in the other suit and vice versa. Rokeya Begum is the admitted owner of the suit land, who instituted earlier suit seeking the above declaration. She executed a power of attorney in favour of Zakir Hossain not for sale of the suit property but for realizing ren......ocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1 (In both the cases). For Respondent No.2-9 (In both the cases)—Not represented. Civil Petition for Leave to Appeal Nos.1023-24 of 2010 (From the judgment and order dated 25.8.2009 passed by the High C...... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ...... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....yal by registered deed No.9571 dated 23-10-1948 sold their share to Horihor Chandra. The heirs of recorded tenant of CS and SA Khatian were in possession and while they were in peaceful possession by power of attorney to plaintiff, Arman Ali Sarker exchanged the entire land and by giving delivery of.....................Defendant-Respondents Judgment March 18, 2012. Result: The appeal is allowed. Cases Referred to- Abul Hossain Vs. Amjad Hossain, 62 PLR (AD) 436; Shishir Kanti Pal Vs. Nur Muhmmad, 55 DLR ......k of knowledge about the possession of the land in suit or, in other word, has not denied the claim of plaintiff's possession in the suit land and that D.W.2 (defendant No.5) has not specifically denied the claim of possession of the plaintiffs in the land in suit, nor was there any case f......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
.... Rabeya Khanam……………………….Petitioner Vs. State………………………Opposite Parties Judgment March 15, 2012. Result: The Rule is made absolute. Inherent power of the High Court Division Both section 151 of the Code of Civil Procedure and section 561A...... Both section 151 of the Code of Civil Procedure and section 561A of the Code of Criminal Procedure possess the same formula describing the inherent power except that section 561A adds "or otherwise to secure the ends of justice". Neither section does invest the Court with any new power. The powe......tate. Criminal Miscellaneous Case No. 26674 of 2009. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceeding of Rajbari P.S. case No.2...... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
....es;
(h) advise the Government on proposals to grant the right to confer special degree-awarding status on college which may be considered suitable for such status; ,
(i) exercise such other powers and perform such other functions as may be conferred on it by any law or by the Government
......
Md. Harun-or-Rashid—For the Respondents No.8 & 9.
Writ Petition No.10913 of 2011.
Judgment
Md. Khurshid Alam Sarkar J. - This Rule has been calling upon the respondents to show cause as to why the impugned Memo No.UGC/Admin/paboishwa/402(Tadanto)/08/8 200 dated 25-10-2......dash;For the Respondent No.5.
Md. Harun-or-Rashid—For the Respondents No.8 & 9.
Writ Petition No.10913 of 2011.
Judgment
Md. Khurshid Alam Sarkar J. - This Rule has been calling upon the respondents to show cause as to why the impugned Memo No.UGC/Admin/paboishwa/402(Ta......2-2011 for admission test and 22-12-2011 for Admission. After publication of the aforesaid notification for admission by PSTU, the BVA made further representation to the UGC, who, by convening a meeting on 20-10-2011, resolved to circulate a press release announcing that a 7 member sub-committe..
Category: Others | Date: 14 Mar, 2012 | Hits: 5
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ...... The appeal is dismissed. Civil Rule No.1022 (F) of 2005 is discharged. The General Clauses Act, 1897; Section 27 If there be notice issued in registered post with acknowledgement due to the proper address of the addressee then it is deemed to be presumed that notice has been served&......রম্যানের সম্মতি গ্রহন করতে হবে।” 11. It is the case of the plaintiff that allotment letter of the plaintiff was cancelled whimsically, capriciously without giving any notice to the plaintiff. But, law is otherwise, if any allotm......IC although received entire payment but did not execute registered lease deed and on 29-6-1995, in the 52nd Board Meeting of defendant No. 3, allotment was cancelled which was confirmed in 53rd Board meeting on 31-8-1996 and on 19-9-2001 issued memorandum to plaintiff. It is the case of plainti..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
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