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ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ......the court acted mala fide and intentionally narrowed its jurisdiction causing serious injustice to the petitioners. In this regard we hold that the court remains limited in invoking its inherent power where there are other specific provisions in the statute providing remedy for the petitioners.......t Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications against the ex-parte judgments and decree of the Adalat similar to the provisions contained in section 19(2) of the Ain. While the appeal provisions of section 41 c......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
.... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ......pport of his contention Mr. Guha referred various precedent specially AIR 1965 (Madhya Pradesh) 21, wherein their Lordships after discussing many cases came to a conclusion that the Court is not powerless to give the substantive justice. The facts of the case as narrated in AIR 1965 (Madhya Pra.................Appellants Vs. Rezia Khatun and others... ..........................Opposite Parties Judgment May 5, 2013. Result: The Appeal is dismissed Cases Referred to- Shabitribala Vs. Rohinikanta Mondal 4 DLR 11 and AIR 1965 (Madhya Pradesh) 21. Lawyers......ons of the Code of Civil Procedure are not applicable to an appeal pending before the High Court which was dismissed for non-compliance with the order of the Court, to put in requisites with the time granted by the Court inasmuch as the dismissal was under the rules framed by the High Court and..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ......e said decision our Appellate Division clearly observed— "Section 45(1)(Ga)(Gha) and section 49 (Kha) of the Bank Companies Act clearly invest Bangladesh Bank with a strong regulatory power over the functioning and business of banking companies." 15. In JIT Knit Composite L......s) Vs. Bangladesh Bank and others..................Respondents (In both the petitions) Judgment May 22, 2013. Result: Both the Rules are disposed of. Cases Referred to- Professor Md. Yumus Vs. Bangladesh 63 DLR 260; ASF Rahman Vs. Bangladesh Bank 20 BLD (AD) 3......nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......les of procedure that apply to the ordinary jurisdiction of the said Court will be attracted and that Court or superior Court is to be deemed to posses, as inherent in its jurisdiction, all such powers as are necessary to the right and undo the wrong in the course of administration of just......lip;………………Appellant Vs. National Board of Revenue and others................Respondents Judgment April 25, 2013. Result: The Customs Appeal is allowed. Cases Referred to- Mohammed Zulfiqar Vs. Abul Kalam, 42 DLR (AD) 8......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ......bsp; Result: The Rule is made absolute. Section 45(1) (Ga) (Gha) and Section 49(Kha) of the Bank Companies Act clearly invest Bangladesh Bank with a strong regulatory power over the functioning and business of banking companies. Under Bank companies Act, 1991 Ba......13. Result: The Rule is made absolute. Section 45(1) (Ga) (Gha) and Section 49(Kha) of the Bank Companies Act clearly invest Bangladesh Bank with a strong regulatory power over the functioning and business of banking companies. Under Bank companies Act, 19......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ..Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
....e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ...... High Court Division and connected materials on record. The point of determination in case in hand is whether an Assistant Sessions Judge deemed to be appointed as Additional Sessions Judge has the power to hear appeals, revisions references and reviews if they are made over or transferred to him............................Appellants Vs. Billal Hossain and another ...............Respondents Judgment April 16, 2013. Result: The appeal is allowed. Cases Referred to- Nurul Huda Vs. Baharuddin and others 41 DLR 395; 37 DLR 18; 37 DLR 18. Lawyers Involv......From the judgment and order dated 26.10.1999 passed by the high court division in criminal revision No.762 of 1991) Judgment Siddiqur Rahman Miah J.- This appeal arises out of the Leave granted on 26.11.2001 by the Appellate Division of this court in Criminal Petition for leave to app..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......tly expressed either in the law or any rules framed there under but in the absence of any such specific authorities mere declaration of a Ferry Ghat into a riverport does not automatically Seases the power to manage and lease out the Ferry Ghat by Zilla Parishad which has all along been doing the sa......Rule is discharged. Lawyers Involved: SM Rezaul Karim with Sheikh Fazle Noor Taposh with Abdur Razzak with Afia Begum, Advocates—For the Petitioners. Abdus Salam Mondol, Deputy Attorney-General with Bahauddin Ahmed Assistant Attorney-General—For the Respondent Nos.1—......aid order has still been in force, therefore, the tender notification Annexure-D to the writ petition has been issued and on the basis whereof lease in respect of the said Ferry Ghat has already been granted in favour of respondent No. 8 who has already taken over possession thereof in the meantime...Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......aws is deprecated. The main thrust is whether if the process of the Court of law constituted under the general law is being abused, a writ of certiorari is maintainable. The High Court Division's power under writ jurisdiction to quash criminal proceeding should he exercised sparingly in rar.............Respondents Judgment April 4, 2013. Result: The Rule is discharged. Cases Referred to- Anti-Corruption Commission Vs. Md Enayetur Rahman, 8 LG (2011) AD 153 = 64 DLR (AD) 14. ......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ......ne of the member named Md. Habibur Rahman which also stands against the mandatory provision laid down in section 32(1) and (2) of the Anti-Corruption Commission Act, 2004 because the very sanctioning power for prosecution has been given by the legislature to the Commission, not any member of the Com...... Anti-Corruption Commission and others……………Respondents Judgment March 14, 2013. Result: The Rules are discharged. Cases Referred to- Anti-Corruption Commission Vs. Sheikh Hasina Wazed, 60 DLR (AD) 172; Anti-Corruption Commis......ed 29-3-2007 are discharged. 24. The order of stay issued at the time of issuance of the Rule of all those Writ Petition is hereby vacated. 25. However, since all these accused-persons were granted bail at the time of issuance of the Rules they directed to surrender before the Court below ..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......thority and the denial of that expectation would work to his detriment. The court can interfere only if the decision taken by the authority is found to be arbitrary, unreasonable or in gross abuse of power or in violation of the principles of natural justice and not taken in public interest. (v...... Legitimate expectation may arise either from an express promise given on behalf of a public authority or from the existence of regular practice which the claimant can reasonably expect to continue. Vide Council of Civil Service Union Vs. Minister for the Civil Service 1985 AC 374&hell......ith judgment and order dated 23-7-2009 passed by the High Court Division, the writ-respondent, DCC, moved this Division by filing Civil Petition for Leave to Appeal No.2122 of 2009 in which leave was granted on 9-2-2010 resulting in the initiation of Civil Appeal No.101 of 2010. 8. Mr. Tofailur..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
....sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
......sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
......d of Material Irregularity—
The decree-holder got the plot numbers of the property correct which was sold in execution of the decree after the confirmation of the sale which is enough to bring the matter within the mischief of Order XXI, Rule 90 of the Code for setting-aside auc......
4. Mr. Lokman Karim, the learned Advocate appearing on behalf of the petitioner submits that misquoting or wrong quoting of provision of law in cause title by itself is no ground for refusal to grant relief if it is otherwise permissible in law but learned Artha Rin Adalat without considering ..
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ......ssion. We have gone through these applications under section 561A of the Code of Criminal Procedure and the materials annexed thereto. 18. The First question is as to whether or not the inherent power under section 561A of the Code of Criminal Procedure can be invoked at any stage of the procee......llip;………………………………………..Opposite party Judgment February 14, 2013. Cases Referred to- Abdul Quader Chowdhury Vs. The State, 28 DLR (AD) (1976) 38; Ali Akkas Vs. Enayet Hossain a......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ......lip;….Opposite Party Judgment February 20, 2013. Result: The Rule is made absolute. It is abuse of the process of the Court to prevent in exercising the inherent power of this Court conferred under section 561A of the Code of criminal procedure- The al......hellip;……………….Opposite Party Judgment February 20, 2013. Result: The Rule is made absolute. It is abuse of the process of the Court to prevent in exercising the inherent power of this Court conferred under section 561A of the C......oalmari PS case No. 08 dated 15-2-2007 under section 420/406/109 of the Penal Code now pending in the Court of Additional Chief Judicial Magistrate, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Repor..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
.... totally overlooked the promises made by the defendant and stressed upon the non-payment of the balance consideration by the plaintiff, and submits that the relief for specific performance being discretionary, the High Court Division erred in law in affirming the decree for specific performance......on of the transaction within a period of 6(six) months, this time limit for payment was circumscribed by the fulfillment of the obligations by the defendant, who was not given unconditional power to rescind the agreement for nonpayment of the balance consideration within six months. T...... Harunur Rashid and others......................Respondents Judgment February 20, 2013. Result: The appeal is dismissed with modification of the judgment. Cases Referred to- Oxford Vs. Provand, LR 2 PC 135; F Edridge Vs. RD Sethna, 60 IA 368; Jamshed Khodaram Irani......in which completion was to take place, really and in substance intended more than that it should take place within a reasonable time. Specific performance of contract of that nature will be granted, although there has been a failure to keep the dates assigned by it, if justice can be cone ..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ......no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ......s Vs. Government of Bangladesh..................Defendant-Appellant Opposite party Judgment February 13, 2013. Result: The Rule is made absolute. The failure to cross examine the plaintiff’s witness to falsify the case of the plaintiffs or controvert t......of 2009 allowing the appeal and setting-aside those dated 19-4-2009 passed by the learned Assistant Judge, Muladi, Barisal in Title Suit No.106 of 2005 is hereby set-aside. 23. The order of stay granted earlier by this Court at the time of issuance the Rule stands vacated. However, t..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ...... next submits that in view of section 4 of the Anti-Corruption Act, the Bureau of Anti-Corruption is not authorized by law to issue any notice unless the Government being satisfied delegates its power and authority to the Bureau of Anti-Corruption to issue notice; but in the instant case, the p......;...............Petitioner Vs. State and another..........................Opposite-Parties Judgment January 24, 2013. Result: The Rule is discharged. Cases Referred to- People's Republic of Bangladesh Vs. Shahadat Hossain, 16 BLT (AD) 183, Mustafizur Rahma...... 48. Having considered all the aspects of the case, we do not find any merit in this Rule. Accordingly, the Rule fails. 49. In the result, the Rule is discharged. 50. The order of stay granted at the time of issuance of the Rule stands vacated. 51. The learned Judge of the trial ..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ......sed to be resolved in the present forum without taking aid of the evidence to be adduced by the parties before the trial Court. The Court cannot claim inherent jurisdiction to exercise powers taken away by legislation. During exercising jurisdiction, the High Court would not embark up......hellip;…………………………Opposite Parties Judgment January 17, 2013. Result: The Rule is discharged. Opportunity to prove the allegation by adducing evidence- There is scope for the accused-petitioner to expl......r on 15-4-2010 under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004. The learned Divisional Special Judge took cognizance under the aforesaid sections on 26-5-2010 and also granted regular bail to the accused-petitioner on 28-6-2011. Before charge hearing, the accused..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......iasuddin-al-Mamun demanded money from one Begum Khadija Islam, Chairman of Nirman Construction, with assurance that an work order would be awarded to her for construction of an 80(eighty) MW capacity power station in Tongi BSCIC Industrial Area through his close friend and business partner Tarique R...... Vs. State and another……………...........Opposite-parties Judgment January 17, 2013. Result: The application is rejected. Cases Referred to- Tarique Rahman Vs. Bangladesh, 63 DLR (AD) 18;Pirjada Syed Shariatullah Vs. Government of B......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......inated consequent thereto. The Mills did not require his service, hence under authority of section 26 (Kha) of the Bangladesh Labour Act, 2006 the petitioner was lawfully terminated from service. The power given under the law to terminate the service of a worker is absolute and without any qualifica......No.CJM/LB/13(Ka) 68 dated 4.8.2011 issued by the General Manager, Crescent Jute Mills Ltd. terminating the writ petitioner from his service of a labour sarder in the said Mills. 2. Facts leading to issuance of the Rule, in brief, are that the writ petitioner joined Crescent Jute Mills Ltd., Kha......s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ...... well as in domestic ones. We cannot exercise and enjoy citizenship in world perspective without the right to travel abroad; and I see no constitutional way to curb it unless, as I said, there is the power to detain". 25. An interesting article in the Yale Law Journal (Yale Law Journal, Vo......ioner Vs. Govemment of Bangladesh and others…………Respondents Judgment January 10, 2013. Result: The Rule is made absolute. Cases Referred to- Shapiro Vs. Thompson, (1969) 394 US 618; Ebrahim Vazir Vs. Bombay, AIR 1954 SC 229; Kent Vs......ng against the petitioner. Ms Amatul Karim, learned Assistant Attorney-General pointed out Section 6 of Bangladesh Passport Order 1973 and submits that the authority has unfettered discretion to grant or refuse to issue passport if there is any criminal case pending against him. 6. In orde..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
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