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Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....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 ......tinue with the project and gave the charge to complete the unfinished work of the project to defendant No.9. That being the state of affairs, the plaintiff became frustrated and started looking frantically for defendant Nos.1, 2, 6, 7 and 8, but could not trace out their whereabouts. And then, on 5-......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)
....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. ......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)
.... 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 ......on under Article 102 of the Constitution of the People's Republic of Bangladesh. Judgment Md. Ashfaqul Islam J. - At the instance of the petitioner, Amzad Hossain, this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned Memo No. BAIMUNI (L.D. A1) 144/278......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: ..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....-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. ......for the appellants submits that, the appellants being the heirs of the original mortgage have a right to protect their property and they offered to the bank to pay the decreetal amount which by board meeting No.217 dated 12-11-1998 and the recommendation of the review committee and despite boar..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ......y;neers Ltd................Respondent Judgment January 12, 2012. Result: The Appeal is allowed. Arbitration Act, 2001; Section 7A and 21 Whether any Signatory of the Agreement is a Necessary or Proper Party in the Proceedings- After appreciating the......y to implead the 3rd party in the proceedings does not come within the ambit of law. Therefore, as to whether any signatory of the agreement is a necessary or proper party in the proceedings does not call for to decide at all. It is the desire of the 3rd Party who is the signatory in the Agreem......of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
....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: ...... the same was cancelled on 24.2.2008 by the Bangladesh Railway and due to such cancellation the respondent served notice upon the petitioner on 29.5.2008 stating that the management agreement automatically terminated on 3.7.2008. Thereafter following the termination of the management agreement the p...... 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)
....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 charÂacter 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 parÂticular meaning of a word or words in a statute, but to find out the intention of......sued, are also found to be in the same language both in word and spirit where incidentally conducting learned Advocate in all these cases are same. 2. However, in all these cases, Rule were issued calling upon the Opposite-parties to show cause as to why the proceeding of Sessions Case No.382 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)
....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......ital Gains Tax and all incidental expenses shall be entirely the responsibility of the Purchaser-Second Party and the Vendor-First Party shall make no payment whatsoever on this account. It is specifically mentioned herein that the Gains Tax paid by the Purchaser-Second Party shall not be deducted f...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
....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......ransfer of the case to the Druto Bichar Tribunal. 13. We are of the view that the judgment and order of the High Court Division, being based on proper appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This ......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 ComÂmission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
.... 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......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. ......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. ..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
.... 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 (......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. ......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. ..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
....;…………………………………(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......rialise of its own way of thinking. These are the matters which can be examined only by the concerned Court on recording the evidence adduced by the prosecution. The High Court Division should not be called upon to examine the truth or otherwise of each instances of alleged corruption or criminal mi......
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
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....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...... of 2009. Judgment Khondker Musa Khaled J.- On the application filed by the accused-petitioner under section 561A of the Code of Criminal Procedure, this Rule was issued on 15-10-2009, calling upon the opposite parties to show cause as to why the proceedings of Metropolitan Special Ca......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. ..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
....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 ......esident of Co-operative Bank and, as, such, there is no individual liability with regard to the tender process and that without taking into consideration the above fact the High Court Division mechanically affirmed the judgment and order of the learned Additional Sessions Judge and, as, such, the im...... 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
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ......r................................................Respondent Judgment December 8, 2011 Result: The leave petition is dismissed. Lawyers Involved: Rajik Al-Jalil, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record- For the Petitioners. Md. Fazlur Ra......ule was made absolute and direction was given. On arriving at such conclusion and decision the High Court Division appears to us has committed no wrong and as such, those findings and decision do not call for interference by this Division. In the above backdrop, we do not find substance in the ......ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....ase of Ali Akkas Vs. Enayet Hossain reported in 17 BLD (AD) 44 = 2 BLC (AD) 16. 12. In the case of Sher Ali Vs. State reported in 46 DLR (AD) 67, the Appellate Division has held that, the inherent power may be invoked independent of powers conferred by any other provisions of the Code of Criminal......………………………….Petitioner Vs. State………………………………Opposite-party Judgment December 1, 2011. Result: The Rule is made absolute. Cases Referred to- Abdul Quader Chawdhury Vs. State, 28 DLR (AD) 38; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 4......ous Case No.2783 of 2008. Judgment Moyeenul Islam Chowdhury J.- On an appliÂcation under section 561A of the Code of Criminal Procedure, 1898 filed by the convict-petitioner, a Rule was issued calling upon the State-opposite-party to show cause as to why the impugned Judgment and order dated ......er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
.... under no circumstances the post could be treated as 3rd class non-gazetted. The High Court Division further observed that the Recruitment Rules, 1979 was prepared by the President in exercise of the powers conferred on him by the proviso to articles 133 in consultation with the Public Service Commi......s Vs. Amzad Hossain and others...........................Respondents Judgment November 24, 2011. Result: The appeal is disposed of. Lawyers Involved: Murad Reza, Additional Attorney-General instructed by Md. Firoz Shah, Advocate-on-Record-For the Appellants. Israfil Hossa......609 of 2001 making the Rule absolute. 2. The respondents herein as writ-petitioners filed the said writ petition before the High Court Division for the following relief:— "(A) Issue Rule Nisi calling upon the Respondents to show cause as to why the Respondent Nos. 1 and 2 shall not be direct......s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....sed to shelter a criminal than to apprehended him; a people who are revolted by an execution, but not shocked to an assassination-require that the public authorities should be armed with much sterner powers than elsewhere, since the first indispensable requisites of civilized life have nothing else ......………………………………………………………………………………..Respondent Judgment November 24, 2011. Result: The Appeal is allowed in part. Cases Referred to- Sivaji Bobade Vs. State of Maharashtra, (1973) 2 SCC 793; Sogaimuthu Padayachi Vs. Emperor, A......nd on again may manacle the accused inescapable. 12. As to the conclusiveness of circumstantial evidence, this Division in State Vs. Khasru, 43 DLR (AD) 182 held that merely because the victim was called away by the accused and seen in the compaÂny of the accused before disappearance is not conÂ......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
....ers will not help the petitioners. Rather, it will go against the petitioners. In the above case in paragraph 9 and 10 it has been observed by the Appellate Division to the effects; 37. The power to quash a proceeding under this section being in its nature extraordinary, it should be exerc......ment November 23, 2011. Result: All the Rules are discharged. Securities and Exchange Ordinance (XVII of 1969); Section 24 Where the person guilty of an offence referred to sub-section (1) is a company or other body corporate, even Director, Manager or other Officer res...... three accused-persons of Sessions Case No.607 of 1997, subsequently renumbered as sessions Case No.558 of 1999, arising out of complaint petition Case No.1081 of 1997 obtained the present Rules calling upon the Opposite-Party to show cause as to why the proceeding of the said sessions cas...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....e any right, title, possession and interest in respect of their alleged purchased land. The defendant Nos.1 and 2 are residents of London, therefore, they appointed one Manik Miah as their attorney empowering him to sell the suit land. The answering defendant Nos.4-6 purchased the suit land from app......se possession neither pleaded nor any evidence lent Adverse possession was neither pleaded nor any evidence was lent by the plaintiffs, findings arrived at by the trial court is no doubt a gratuitous one which is not at all sustainable in law. Plaintiff is to prove his case The case ......itness also claims that the information slip filed by the plaintiff is a collusive paper. This witness also admitted in his cross-examination that record of Miscellaneous Case No.2/73-74 has not been called for. This witness denied the suggestion that there was no case initiated for cancellation of ......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
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