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State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....ession Judge and Special Tribunal, Jhenaidah for confirmation of death sentence of the condemned-prisoners. 2. By the above appeals and Rule the appellants and the petitioner have challenged the legality and propriety of the Judgment and order of conviction and sentence dated 28-2-2006 passed b......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
....wise detaining the vessel M.T. SCEPTRE for which the vessel left Bangladesh without any objection from the defendant. But later when it came again to Bangladesh with cargo the plaintiff effected an illegal arrest of the vessel and compelled the carrier to furnish bank guarantee for an amount of BD. ...... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
....nce against the petitioner by the Senior Special Judge, Sylhet, the provision of taking prior sanction of the Government before taking cognizance of the offence was non-existent. So there was no legal necessary for taking sanction of the Government before taking cognizance of the offence in thi...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....restoring the judgment of the trial Court on the point of limitation, inasmuch as, the Court of appeal below disbelieved the pre-emptor's witnesses merely on the ground of relationship which is not a legal ground for disbelieving a witness. 10. On the point of the defect of parties, the Court of ......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....or declaration of title and recovery of possession of the suit land or in the alternative for partition. The cause of action of a partition suit is recurring. The plaintiffs may have recourse to legal measures before the appropriate Court for partition of ejmali property if their claim is not o......ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....heque." 10. From clause (a) of sub-section (2) of section 123A it appears that when a cheque is crossed “account payee” it ceases to be negotiable. Now we are to see what is the legal implication of these words “shall cease to be negotiable”; to answer this question......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
....re ends of justice..........(14) Proper use of section 561A Care should be taken so that the jurisdiction under section 561A can not be invoked for the purpose of examining the correctness, legality and propriety of any finding, sentence and order passed by the criminal courts…&hell...... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
....rayer for withdrawal of the suit. Mr. Mahbubey Alam, learned Advocate on behalf of respondent No.11-14 also submits that section 14 of the aforesaid President Order stand a bar for instituting any legal proceeding against property vested in the Government as per President Order No.16 of 1972 a......efendant Nos.4-8 and also to defendant Nos.9 and 10, as such, defendant Nos.4-8 and 9 and 10 acquired no good title save and except dispute, as such, they should, at first, perfected their legal status before dispute possession of plaintiff to that effect, of respondent Nos.11-14. It appears t..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....Km of 2D seismic survey in Block Nos.2, 3, 4, 6, 8 and 11 under proposal No.31.02.204/160 issued on 11.04.2010, should not be declared to have been passed without lawful authority and hence, of no legal effect. At the time of issuance of the Rule the operation of the impugned decision dated......the respondent no.8 is an agent of CGG Veritas, France as has been clearly stated in its Technical Proposal Submission Form dated 05.06.2010 submitted by the CGG Varitas, France in addition to his status as a sub-contractor. In this regard he also submits that section 29 of the Act 24 of 2006 ha..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....n under section 2CC of the Securities and Exchange Ordinance, 1969 conforming that the board of directors of an issuer will fix the record date. It was contended that the fixation of record date is a legal compulsion, which is a duty assignment on the board of directors to discharge the same at the ......ese notifications were issued after the Depository Act, 1999 and all of them confirms the existence of sponsors. Therefore, the contention of the petitioner that after dematerialization of shares the status of sponsor share holders is extinguished is not correct. 40. Mr. Karim also submits with..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....against the defendant and prayed for a decree so that the plaintiff bank can realize the loan amount after selling the mortgaged property. It has also been stated in the plaint that on 11.08.1993 the legal adviser of the bank gave a final notice to repay the loan amount within 15 days, although the ......t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....ion No. 6488 of 2008. 2. The High Court Division after hearing by its judgment and Order dated 13-11-2008 declared that the impugned Ordinance had been made without lawful authority and is of no legal effect and ultra vires the Constitution. The Court further declared that all acts done or deed......nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ow cause as to why the Order No. 28, dated 18.4.2010, (Annexure-E), passed by Artha Rin Adalat, 1st Court, Dhaka, in Artha Execution Case No. 682 of 2005, should not be declared to have been passed illegally, without lawful authority and is of no legal effect." By the Rule issuing order the proce...... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....dents releasing the petitioner from service on accepting his resignation letter dated 18.04.2007(Anneuxre-H) should not be declared to have been passed without lawful authority and hences, is of no legal effect. 2. Facts, in brief, are that the petitioner was appointed in the BCS (General Ed......ore acceptance by the authority concern. Again, in the Bangladesh Service Rules Part-I, rule 300(a) speaks of forfeiture of service with the resignation of public service, but does not provide the status of a resignation letter, if prayer has been made to withdraw the same prior to acceptance by..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....s entirety and be accepted as true, does not disclose any offence under the aforesaid sections of the law. He next submits that, there is no allegations against the petitioner as to how he has illegally earned an amount of Taka 50,00,000 (fifty lakh) by dishonest means, as alleged, and that not......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....eased to exist and as such, previous land owners do not and cannot retain any particle interest in any unit of the land acquired and thus the High Court Division proceeded on irrational, illogical, illegal and ultra vires premise of portability of acquired vested land and so erred in law in directin......Court Division committed gross error of law in holding that the Military Estate Department became a co-owner with the writ petitioners in respect of C.S. Plot Nos.334, 335 and 336 in holding that the status of co-owner and the co-sharer is the same so far demarcation of land is concerned and further..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....se of the victim and pressed napkin (gamsa) in the mouth of the victim and showing fear of knife committed rape upon her and also threatened her not to disclose the occurrence. After observing of all legal formalities the case was transferred to the court of Nari-0-Shishu Nirjaton Damon Bishesh Trib......nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....ance find the choicest stores of his industry suddenly converted into useless and cumbersome rubbish.” (18. Prof. J.H. Baker: An Introduction to English Legal History).
Let me hark-back to legal history as suggested by Prof. Amos but very briefly, in order to trace the development of juri......ashshara). That itself was enough to show their purity and greatness even to God. The place of Ashab were also in the highest position in the Islamic world. No other human being can ever attain their status. But most of them were mere idolators before they embraced Islam. In Islam all men are equal ..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....ank again for encashment on 08.04.2009 and this time too, the cheque was dishonoured on the score of stopping of payment by the drawer. Anyway, on 22.04.2009 the complainant through his lawyer gave a legal notice to the accused-petitioner by registered post with A/D which was received by her on 30.0...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357...Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
....ion dated 17-3-2008, accorded by the ACC in this case, is absolutely lawful and the same was accorded after proper application of mind to the facts and circumstance of this case. Hence, there is no illegality in launching the prosecution solely against the accused petitioner and the Rule issued in t....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
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