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....ituted by the Government, relax in exceptional cases the condition of length of experience for promotion specified in Schedule-II;"
14. It is true that the said Rule provides with the power of relaxation of the condition of length of experience for promotion in exceptional cases but ......13.
Judgment
Kazi Md. Ejarul Hague Akondo J.— This Rule Nisi, under Article 102 of the Constitution of the People's Republic of Bangladesh, was issued calling upon the respondents to show cause as to why the Notification No. ৩à§.০০.০০০০.০à§à§§.০২.০১৬.à......
Writ Petition No. 9227 of 2013.
Judgment
Kazi Md. Ejarul Hague Akondo J.— This Rule Nisi, under Article 102 of the Constitution of the People's Republic of Bangladesh, was issued calling upon the respondents to show cause as to why the Notification No. ৩à§.০০.০০০০......;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
..
Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3
State Vs. Arman, 2014, 43 CLC (AD)
....fessed his guilt. Accordingly, he was handed over to police on the spot. The medical report corroborates the allegations of sexual assault. 4. The High Court Division has discretionary power to grant an accused person on bail even in respect of serious offences like the one but it sho............................Respondents Order March 9, 2014. Result: This petition is disposed of. Lawyers Involved: Mahbubey Alam, Attorney-General, instructed by Madhu Malati Chy Barua, Advocate-on-Record—For the Petitioner. ......bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ......bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ..Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
.... for the petitioner in Writ Petition No. 3705 of 3013 co-jointly submits that from the impugned order (Annexure-F) it appears that the respondent Np.3 has suspended the petitioner exercising his power as provided under section 34(4)(gha) of the Local Government (Union Parishad) Ain, 2009 (......sp; Government of Bangladesh and others..........Respondents Judgment March, 2014. Result: Both the Rules are made absolute. Cases Referred to- Bangladesh Vs. Lokman Patwari, 46 DLR (AD) 163. Lawyers Involved: AM Amin Uddin a......ing disposed of by this single judgment. 2. In writ Petition No. 10166 of 2013, a Rule Nisi has been issued under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents concerned to show cause as to why the impugned Memo No. issued under th......, have no legal effect. 32. In this regard, it will not be out of place to observe that on perusal of rule 4 of the Rules, 1984 it appears that while requisition is being taken in the respective meeting stating the grounds for removal either of the Chairman or the Members it must be endorsed wi..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....on that, by notification dated 20-11-2011 the BSEC has imposed certain conditions as narrated in paragraph No. 4 of the affidavit-in-opposition and the notification has been issued in exercise of the power vested in the BSEC under section-2CC of the Security Exchange Ordinance, 1969 (the Ordina......under the Companies Act, 1913; it carries on business as a commercial bank through its branches located all over Bangladesh it's shares are listed and publicly traded in the Dhaka and Chittagong Stock Exchanges; that the Respondent No. 2 is the Office of the Chief Election Commissioner, for cond......as directed to submit resignation letters within 15 day to Mr. Fida M. Kamal. The resignation letters would take effect from the date and time the new board of directors, elected in the 30 AGM, would call their first meeting immediately after the 30th AGM. iv. All directors who shall resign pur......bmit resignation letters within 15 day to Mr. Fida M. Kamal. The resignation letters would take effect from the date and time the new board of directors, elected in the 30 AGM, would call their first meeting immediately after the 30th AGM. iv. All directors who shall resign pursuant to the judg..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)
....there is no clear provision mentioning the word 'transposition' but order I, rule 10(2) of the Code of Civil Procedure enables the Courts to make such transposition, order I, rule 10(2) has empowered the Courts to strike out name of any party, either plaintiff or defendant, improperly joined......tioners. Probir Niogi, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For Respondent No.3. Not represented—Respondent Nos. 1 and 2. Civil Petition for Leave to Appeal No.1827 of 2009. (From the judgment and order dated 24-5-2009 passed by the High Cour...... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ...... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ..Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
.... number and the writ petition may be sent back on remand to the High Court Division for hearing on merit or in the alternative, the writ petition may be disposed of finally by this Court invoking the power vested in it under article 104 of the Constitution for doing complete justice in a case. ......osne Ara Begum, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For Respondent No.4. None represented—For Respondent Nos.1-3 & 5. Civil Petition for Leave to Appeal No. 2125 of 2010. (From the order dated the 18th day of July, 2010 and the 18th day o......filed the instant writ petition. 3. A Division Bench of the High Court Division on hearing the writ petition issued Rule on 17-2-2010 in the following terms: "Let a Rule Nisi be issued calling upon the respondent(sic) to show cause as to why the impugned Order dated 14-1-2010 passed b......o the Manager of the decree-holder-Bank for exemption of interest by depositing 10% interest of the decretal amount. The Board of Directors of the Bank considering the application in its 91st General meeting exempted "94.30% Ararpitoka" interest and the said fact was intimated to them..Category: Others | Date: 24 Feb, 2014 | Hits: 15
.... persons on anticipatory bail must be exercised sparingly in exceptionally deserving cases, is supported by unbroken chain of authorities of high preponderance, not only because by assuming this power, the High Court Division in a sense destabilises the normal pattern and usurp the discretion m......…………Petitioner
Vs.
Dr. Khandaker Mosharraf Hossain and another.........Respondents
Judgment
February 24, 2014.
Result:
The petition for Leave to Appeal is disposed of.
The Code of Criminal Procedure, 1898 (V of 1898); section 498
......followed by the High Court Division while disposing of anticipatory bail applications-
(a) To open the jurisdictional door they shall satisfy themselves that reasons for apprehension have specifically, explicitly, plausibly, credibly and with sufficient clarity been assigned, instead of relying......e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
....e Indian Supreme Court in the case of Sreemoti Indira Gandhi Vs. Rajnarain reported in AIR 1975 (SC) 2299 as follows: "The preamble, though a part of the Constitution is neither a source of power nor a limitation upon that of the ideological aspirations of the peoples....................... Begum and others...……………Respondents Judgment February 16, 2014. Result: Both the petitions are dismissed. The preamble cannot be used to control the enactments themselves where they are expressed in clear and unambiguous terms. T......ary object of the legislative authority is to bring about reformation of the lands in rural area. The preamble must be read with sub-section (1) of section 1 which provides that this Ordinance may be called the Land Reforms Ordinance, 1984. The legislative authority was conscious in not using t......, we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
....d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......te................................................Respondent Judgment February 13, 2014 Result: The petition for leave to appeal is dismissed. The accused-petitioners having no morality could dare to sell the ...... heart, but they can restrain the heartless." The findings of the High Court Division having been made on proper appreciation on evidence of P.Ws. and other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed......d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176. ...... Shahed Badsha and others……………………Respondents Judgments February 11, 2014 Result: The appeal is allowed. Cases Referred to- Abdul Hamid Mollah Vs. Abdul Hye, 49 DLR 428; Abdur Rahman Mia Vs. M Saber Ali Mia, 4 BLC 4......oner and had been possessing the suit land peacefully and as such, the heirs of Nazimuddin cannot dispute the title of the plaintiffs-respondents and as such, the impugned judgment does not call for any interference. He further submits that lower appellate Court erroneously came to a findi......s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176. ..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)
....ent exercise of discretion. The High Court Division cannot exercise its discretion whimsically at its suit will. The instant case is filed by the Durnity Daman Commission in exercise of its power under Act of 2004, the Durnity Daman Commission is a necessary party but, the accused-responde......d another…………….................Respondents Judgment February 10, 2014. Result: The petition is disposed of. Anticipatory Bail or Pre-arrest Bail is an extra-ordinary remedy and an exception to the general rule of bai...... bail which can be granted only in extra-ordinary and exceptional circumstances upon a proper and intelligent exercise of discretion. The High Court Division cannot exercise its discretion whimsically at its suit will. The instant case is filed by the Durnity Daman Commission in exerc......patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)
....ary, 2014. 2. The case in question was instituted with the Ramna Police Station under section 26(2) of the Durnity Daman Commission Ain, 2004. The High Court Division exercised its discretionary power without assigning any reason whatsoever. It simply said that it found prima-facie case in favo......Islam and another…………................Respondents Judgment February 10, 2014. Result: This petition is disposed of. Anticipatory Bail is an extra-ordinary remedy and an exception to the general rule of bail which can be gran...... bail which can be granted only in extra-ordinary and exceptional circumstances upon a proper and intelligent exercise of discretion. The High Court Division cannot exercise its discretion whimsically at its suit will. Lawyers Involved: Md.Khurshid Alam Khan, Advocate, instructed by S......used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....ransfer of Property Act while passing a decree for ejectment and secondly, whether in the absence of sufficient pleadings, prayer, evidence and findings in support of compensation, the court has power to pass such decree. 2. Facts are shortly narrated as under. Respondents instituted a reg......t Appellate Division (Civil) Present: Appellate Division (Civil) Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Loreeto……………........................Appellant Vs. Nasreen So...... High Court Division did not address the point and maintained the decree observing: 'the trial Court committed no illegality in decreeing the suit and the impugned judgment and decree do not call for any interference by this Court'. In course of hearing of the leave petition, learned co......xpired after March, 2001, the appellant was no longer a tenant under the respondents. This Division has reproduced the above observations of the High Court Division and dismissed the petition without meeting the point argued. Therefore, we find substance in the contention of the learned counsel that..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....No. 7 of 1973 vide Miscellaneous Case No. 16 of 1987, no more subsists. Therefore, without reviving the miscellaneous case (16 of 1989), the same may be disposed of finally by this Court invoking the power vested with this Court under article 104 of the Constitution in order to do complete justice a.............Respondents Judgment February 3, 2014. Result: The Petition is disposed of. Mere failure to raise objection as to the jurisdiction of a Court to hear and try a suit or a case or in other wo......Facts necessary for disposal of this leave petition are that respondent No.1 as writ-petitioner (hereinafter referred to as the writ-petitioner) filed the writ petition before the High Court Division calling in question the propriety of order No. 99 dated 11-1-2009 passed by the Joint District Judge......t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
....mala fied intent to pass the Act.
8. He further submits that the impugned section 32Ka has been inserted in the Act of 2004 through the Anti-Corruption Commission (Amendment) Act, 2013, by which power given under sections 17(j), 20(1), (2) and 24 of the Anticorruption Commission Act, 2004 to th......s
Vs.
Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others..............Respondents
Judgment
January 30, 2014.
Result:
The Rule is made absolute.
Case Referred to-
Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Sheikh Abdus Sabur Vs. Returning Officer......rit Petition No. 12272 of 2013.
Judgment
ABM Altaf Hossain J.— The Rule under adjudication, issued on 25-11-2013, was on the following terms:
"Let a Rule be issued calling upon the respondents to show cause as to why the impugned section 32Ka of Anti-Corruption Co......ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
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Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
Mortuz Ali Khalifa Vs. Jobeda ® Kalu Bibiand others, 2014, 43 CLC (AD)
....ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ......ord—For the Appellant. None Represented—For Respondents. Recall the plaintiffs' witnesses for cross-examination It is a cardinal principle of law that every party to litigation must be given opportunity to place his case with relevant evidence. It is also an...... Lawyers Involved: Madhu Malati Chowdhury Barua, Advocate-on-Record on behalf of Md. Nawab Ali, Advocate-on-Record—For the Appellant. None Represented—For Respondents. Recall the plaintiffs' witnesses for cross-examination It is a cardinal principle of la......ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ..Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....6 and Arif-uz-Zamanvs. State, 17 BLC (AD) 167. 8. The copies of the Rules were served upon the opposite party 2, who appeared through his learned Advocate Mr. Md. Showkat Ullah Khan by filing a power on 14.01.2013 against entry No.2523. We kept it pending in the list for several days as a part...... Station-Paltan,District-Dhaka…………..Petitioner (In both the revisions) Vs. The State and Md. Syed Rejaul Karim Salim,son of late Abdur Rauf and the Managing Director, Gomati Housing Ltd. HouseNo.38 (1st Floor) Road No.5, Block-G, Police Station-Banani,District- ......dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....er appreciation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. .......Petitioner Vs. Md. Nazrul Islam and others………………….Respondents Judgment January 20, 2014. Result: The petition for leave to appeal is dismissed. A pre-emptor must not only have a subsisting interest in the holdi...... found that the pre-emptor has lost his right, title and interest in the case holding by selling out his interest therein by a registered deed of sale dated 29-6-2005 and, as such, no interference is called for. 10. We have considered the submissions of the learned Advocates, perused the impugn......er appreciation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. ..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....ly reputed money transferring company from one country to another. Defendant was intended to participate in money transfer business with Western Union but a scheduled bank does not have sufficient manpower and logistic and technical software support required for execution and performance for agency ......hellip;………………………...........Respondent Judgment December 12, 2013 Result: The appeal is dismissed. Case Referred to- Kanchan Mala Bepari Vs. Ananta Kumar Bepari, 6 DLR 254 Government of Bangladesh Vs. Md. Taj......otice for cancellation of the contract, cancellation having been done in accordance with the terms of the agreement and being in exclusive jurisdiction of the defendant, as such termination cannot be called in question. Learned Advocate further submits that in the termination letter plaintiff was no......tion letter from National Bank Ltd., as there was an exclusive agency agreement executed between Western Union and National Bank Ltd., since 1993. Subsequently on the basis of a decision of the Board meeting of the directors of the defendant, the defendant agreed to approach the plaintiff to pursue ..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... could not be executed unless it was communicated by an officer of this Division, which is an error of law. The other point raised on behalf of the petitioner is that in exercise of its inherent powers under Article 104, this Division ought to have afforded the petitioner an opportunity to file...... AHM Shamsuddin Choudhury J Abdul Quader Mollah .....................Petitioner (In both the cases) Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka...........Respondent (In both the cases) Judgment&nb......ioner an opportunity to file a mercy petition in accordance with rule 991(1) and 991 (VI) of the Jail Code. 6. Upon hearing the learned counsel it appears that the learned counsel has practically taken only one point from the impugned judgment of this Division and other points are conseque...... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
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