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Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......uch transfer previous sanction of the Administrator of Waqfs must be accorded and without such sanction transfer so made shall not be valid. So far as the lease is concerned, the mutawalli has been empowered to lease out any immovable properly of a waqf up to 5 years, and beyond that only with the p......ry 1, 2012. Result: The appeal and the leave petition are dismissed. A mutawalli cannot grant lease of any part of waqf property in perpetuity with prior sanction of the Administrator. The language used in this section is so explicit that the mutawalli can exercise the right of t......lip;……………….Respondents Judgment February 1, 2012. Result: The appeal and the leave petition are dismissed. A mutawalli cannot grant lease of any part of waqf property in perpetuity with prior sanction of the Administrator..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......at basis charge sheet has been submitted. There is no reason in law and facts for quashing the proceedings. 15. The learned Deputy Attorney General further submits that High Court's inherent power is a residuary power and must be very sparingly used only to prevent abuse of the process of c......discloses a prima-facie case against the petitioner, no application under section 561A of the Code of Criminal procedure is at all maintainable...............................(17) Cases Referred to- Abdul Quadir Vs. State, 28 DLR (AD) 38; Faruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) ......he Code of Criminal Procedure and as such no interference is called for by this court at this stage. 20. In the result, the Rule is discharged without any order as to costs. The order of stay as granted at the time of issuance of the Rule is hereby vacated. The learned Trial Court is directed t..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ...... that judgments of all Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section 17 of the Arbitration Act empowers the Court to pronounce judgment after the time for making an application to set aside the awa......f all Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section 17 of the Arbitration Act empowers the Court to pronounce judgment after the time for making an application to set aside the award has expired or...... 9. Being aggrieved by the impugned judgment and order passed by the High Court Division the appellant by leave preferred the instant appeal before this Court. 10. In this appeal leave was granted to consider the following submissions of the learned Advocate for the petitioner-appell..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
.... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ...... plot No.509 was in possession of Nawabgonj College and also declared that the suit land was not enemy or vested property. That during pendency of that title suit, Jitendra Nath Saha, by a registered power of attorney dated 27-2-1981, appointed one Bhadra Kumar Mondal as his attorney to look af......r Khondaker Saiful Huq, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For Respondent No.1 None represented—For Respondent Nos.2-9. Civil Petition for Leave to Appeal No.1911 of 2009. (From the judgment and order dated 7-7-2009 passed by the High Court...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......ject appointed (a) Ishtiaque Ahmed of flat No.3/B, (b) Md. Saiful Islam Bhuiyan of flat No.3/A, (c) Abdullahil Rakib of flat No.4/A and (d) Mozammel Hossain of flat No.2/A as attorneys by executing a power of attorney on 16-5-2005 giving them powers to complete the remaining works of the project 'He......Mahmudul Islam, Senior Advocate instructed by Syed Mahbuar Rahman, Advocate-on-Record—For Respondent No.1. None represented—For Respondent Nos.2-10. Civil Petition for Leave to Appeal No. 530 of 2011. (From the judgment and order dated the 8th day of June, 2010 passed ......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ......ismissing an appeal summarily in keeping with the provisions of section 367 must show that court dismissing it, as such applied its judicial mind to the question of fact and law. It has therefore, no power to dismiss such an appeal for default and must dispose of the appeal on merit no matter whethe...... (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Warid Telecom International Ltd....................Appellant Vs. Commissioner of Customs and others………........Respondents Judgment January 18, 2012. ......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ...... renew his Money Changer License as the transaction of foreign currency of the petitioner's firm in the year 2003 was 2.02 lacs US Dollar which is far below of the fixed target and in exercise of the power conferred by Section 3(2)(iii) of Act, 1947 the Money Changer License of the petitioner was ca...............................Petitioner Vs. Bangladesh Bank and others.............Respondents Judgment January 18, 2012. Result: The Rule is discharged. Cases Referred to- Bangladesh vs. Tajul Islam, 49 DLR (AD) 177; Bangladesh Telecom Pvt. Ltd. Vs. Bangladesh T ......e of issuing Rule the parties were directed to maintain status quo in respect of possession till disposal of the Rule. 2. The background leading to the Rule, in short, is that the petitioner was granted a Money Changer License under section 3 of the Foreign Exchange Regulation Act, 1947 (in sho..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ......-aside the sale under section 57 of the Artha Rin Adalat Ain, 2003. Such application under section 57 of the Artha Rin Adalat Ain is not maintainable. Section 57 of the said Ain confirms the inherent power of the court. Section 57 of the said Ain is not any enabling provision for setting-aside of sa......, Order XXXIV, rule 5 Absence of reference of Review Committee in final decree- In the final decree there is no reference of Review Committee or any one else, neither is there any direction to take consideration into any decision of any Review Committee or any other authority or person. It......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
.... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......d at Mouja Bara Mogbazer and Mouja Begunbari, within Police Station Tejgaon, from the Bangladesh Railway upon long time lease in the year 2006. But later when the Care Taker Government has taken over power in Bangladesh, the Bangladesh Railway cancelled the said lease of the petitioner against which......under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......ccount payee" cheque as has been mentioned in the compliant-petition does not come within the scope of section 138 of the Negotiable Instruments act, 1881 because in no way cross-cheque preserves the power of negotiability. Moreover, section 138 of the Negotiable Instruments Act, 1881 does not allow......ut it does not lose its character as negotiable instrument as defined in section 13 of the Act.………….(10) Interpretation of Statute The principal object of interpretation is not only to find out a particular meaning of a word or words in a statute, but to find out the intention of......ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....r’s continued willingness to perform his part of the agreement. Specific Performance: Specific performance of contract is regulated by Chapter II of the Specific Relief Act, 1877. It is a discretionary relief as provided by Section 12 of the said Act. The relevant portion of Section 12 m......rformance is that time was not of the essence of the contract. It was held in the Hajee Saru Meah case that, “it is clear that the mere fixation of a period in the contract even when coupled with a power to treat the contract as cancelled, in the event of default in performance of the contract wit......ppeals) Vs. Amena Begum Ali Ispahani…………….....Respondent (In both the appeals) Judgment January 10, 2012. Result: The appeals are allowed. Cases Referred to- 5 BLD (AD) 51;Civil Petition for Leave to Appeal No.360 of 2000;Manjunath Anandappa Urf Shi......and 242 of 2005 against the judgment of the High Court Division in First Appeal Nos.48 and 49 of 2002 respectively. By an order dated 29.07.2007, this Division, having heard both the leave petitions, granted leave to consider (i) whether the High Court Division acted illegally in not considering the..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......in Mahmud, Senior Advocate instructed by N. I. Bhuiyan, Advocate-on-Record —For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record —For Respondents. Civil Petition for Leave to Appeal No.1703 of 2010. (From the judgment and order dated 21.01.2010 passed by the High Cou......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
....per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......High Court Division discharged the Rule by the impugned judgment and order dated 31.10.2011. 6. Mr. Khan Saifur Rahman, the learned Counsel appearing on behalf of the petitioner submits that the power to transfer any criminal case is reposed in the High Court Division under section 526 of the C...... The petition is dismissed. Lawyers Involved: Khan Saifur Rahman, Senior Advocate, instructed by Gias Uddin Ahmed, Advocate-on-Record-For the Petitioner. Motahar Hossain Saju, Deputy Attorney General, instructed by Mr. Sufia Khatun, Advocate-on-Record-For the Respondents. Civil P......per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Anti-Corruption Commission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ...... without issuing any Rule upon the State disposed of the application transferring the case from the Divisional Special Judge to the Sessions Judge, Barisal. We do not approve this kind of exercise of power by the High Court Division. The High Court Division committed prima-facie error in passin......ahtab, Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record—For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondents. Criminal Petition for Leave to Appeal No. 657 of 2010. (From the judgment and order dated the 18th day of July, 2010 passed...... passing the impugned Order, but since examination of the prosecution has already been completed and now the case is at the stage of examination of defence witnesses, we are not inclined to grant leave as that would delay the disposal of the case, instead we are inclined to dispose of the ..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ...... is not concluded within sixty days from the date of receipt of information relating to the commission of the offence or the order of the Magistrate for such investigation, the Magistrate empowered to take cognizance of such offence or making the order for investigation shall make an ......hellip;………………….....................Opposite Party Judgment January 1, 2012. Result: The Rule is made absolute. Cases Referred to- Abdul Wadud Vs. State, 48 DLR (AD) 7; Malek Hossain Pir Vs. Begum Nurjahan Khanam, 15 MLR (......a heinous crime. Stoppage of the trial did not mean an end to the woes of the accused. A revival would revive his woes." 35. We have gone through the entire Judgment. In that case leave was granted (vide para-15) about considering the issue of reckoning of a fresh period of 270 days for co..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Somed Ali Vs. State, 2011, 40 CLC (AD)
....death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ...... Judgment December 15, 2011. Result: The appeal is dismissed. Lawyers Involved: Md. Helal Uddin Mollah, Advocate—For the Petitioners. Zahirul Haque Zohir, Deputy Attorney General—For the Respondent. Jail Petition No.11 of 2007. (From the judgment and ......as the prosecution failed to bring home the charge brought against him under section 302 of the Penal Code and as such, the impugned judgment and order needs to be interfered with by this Division by granting leave. He has further contended that the petitioner is now in condemned cell since 15.10.20..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
....
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
......;…………………………………(29)
The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A
Inherent power of the High Court Division to quash the proceedings
The High Court Division can exercise ......
Rule of stare decisis
The subordinate courts should not follow previous decision which has been overruled by the Appellate Division because it may give wrong result. So Court will not adhere to a rule of principle established by previous decisions which has already been found to be an erron......
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ...... Result: The appeal is allowed. When someone resigns from his service factually and legally, he can not make any prayer for reinstating him.......................(16) Cases Referred to- Chairman Petro-Bangla Vs. AKM Fazlul Karim, 15 BLD (AD) 114. Lawyers Involved: To......g aggrieved by and dissatisfied with the judgment and order passed by the High Court Division, the appellant filed Civil Petition for Leave to Appeal No.555 of 2002 before this Division and leave was granted on 19-07-2003 to consider the following submissions:— "The learned Counsel for the ..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......n not be denied. Whether the Prime Minister had withdrawn money with malafide intention allowing others to misappropriate, or she was involved in the alleged offences in the discharge of her official power as a Public Servant, are factual aspects and subject matters of adjudication by the trial Cour......ip;…………………………Opposite-parties Judgment December 12, 2011. Result: The Rule is discharged. Cases Referred to- 28 DLR (AD) 18; 31 DLR (AD) 69; Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44 = 2...... authority over the Trust to bring the instant Criminal Proceeding in this manner. The Orphanage fund of the Prime Minister may be used at the discretion of the Prime Minister who enjoys authority to grant money to any orphanage organization. So, granting money from the said fund by the Prime M..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
.... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ......ideration of materials on record, the learned Magistrate framed charge against the petitioner rejecting the application for discharging him of the charge and that the learned Magistrate had wide power to frame charge which should not be interfered with. Therefore, the High Court Division con&sh....... V of 1898); ss. 439 (4) & 439A An order passed by the Sessions Judge or Additional Sessions Judge, as the case may be, under section 439 A of the Code of Criminal Procedure is not amenable to the revisional jurisdiction of the High Court Division under section 439 of the Code of Criminal ...... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
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