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Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....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......neous case No. 30323 of 2010 Judgment Siddiqur Rahman Miah J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure filed by the accused-petitioners, calling upon the opposite-party to show cause as to why the proceedings of GR case No. 17 of 2007 co......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 ..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....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......ayment of the outstanding loan, the defendant was required to handover the vacant possession of the suit house and arrange for handing over possession of the shop which he promised to do and then, to call upon the plaintiff to pay the balance amount for execution of the sale deed by giving him reaso......the plaintiff's claim that he was willing and ready to pay the balance consideration and that those facts established beyond doubt that the defendant contracted to sell the property for meeting his outstanding liabilities within the specified time, 29. In determining the intention..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....acts 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) 31,18 MLR (AD) (2013) 161. ........Petitioner Vs. Bangladesh Chemical Industries Corporation and others………Respondents Judgment February 14, 2013. Result: The petition for leave to appeal is dismissed. Writ jurisdiction in case of contractual right Contractual right i......efore the civil Court, not in the instant writ petition. The findings arrived at and the decision made by the High Court Division having been based on proper appreciation of law and facts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. ......acts 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) 31,18 MLR (AD) (2013) 161. ..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... 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...... Case No. 3558 of 2009. Judgment Md. Nazrul Islam Talukder J.- On an application under section 561A of the Code of Criminal Procedure filed by the accused-petitioner, a Rule was issued calling upon the opposite-parties to show cause as to why the impugned proceedings of Special Case N...... 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 ..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....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...... Criminal Miscellaneous Case No. 18266 of 2011. Judgment Khondker Musa Khaled J.- On an application under section 561A of the of the Code of Criminal Procedure, this Rule was issued calling upon the opposite-parties to show cause as to why the impugned proceedings of Special Case N......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. ..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....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......nts. The points as raised by the present petitioner were also raised by the co-accused Tarique Rahman before the Appellate Division in those cases and the Appellate Division having considered categorically and consistently held that for this particular case the procedure in respect of inquiry, inves......Republic of Bangladesh and those Ordinances were not approved by the parliament and as such the said Ordinances died their natural death on 24th November, 2009 upon expire of the 30 days of the first meeting of the 9th Parliament. As such, the proceeding under the said Ordinances is absolutely illeg..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
....ation 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: 21 BLT (AD) (2013) 339. ......Involved: S. N. Goswami, Advocate, instructed by Mr. Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No.927 of 2009. Judgment Syed Mahmud Hossain J. - This civil petition for leav......roper committee for management of the debutter property. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. ......ation 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: 21 BLT (AD) (2013) 339. ..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....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......suf Hossain Humayun, Advocate-For the petitioner. Tufailur Rahman, Advocate-For respondent no. 2. Writ Petition No.7903 of 2011. Judgment Md. Ruhul Quddus J.-This Rule nisi was issued calling in question the legality of an order as contained in MemoNo.CJM/LB/13(Ka) 68 dated 4.8.2011 ......er submits that in fact the Management of Crescent Jute Mills Ltd. dismissed the petitioner from his service under the cloak of termination because of his trade union activities. He was in session of meeting of the Union held on 4-7.1.2011, while respondent 2 removed him from service under the impug..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
.... 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......t Petition No. 8689 of 2012. Judgment ABM Altaf Hossain J. — The Rule under adjudication, issued on 8th July 2012, was in following term:— "Let a Rule Nisi issue calling upon the respondent to show cause as to why the inordinate delay of the respondents to ......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 ..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
.... Alam Khan had been conspiring to create forged deed for the purpose of grabbing the schedule property. On search, the informant came to know that the accused No. 1 Md. Alam Khan had created a forged power of attorney deed and got it registered showing that the informant and his brother empowered wi......p;………………………….Opposite-party Judgment January 10, 2013. Result: The Rule is made absolute. Cases Referred to- Khizir Haider Vs. State, 73 MLR (AD) 157;13 MLR (AD) 157; Abdul Hague Vs. State, 60 DLR (AD...... Criminal Miscellaneous Case No. 6875 of 2009. Judgment Khondker Musa Khaled J.- On an application under section 561A of the Code of Criminal Procedure, this Rule was issued on 7-12-2009 calling upon the opposite-party to show cause as to why the criminal proceeding of GR No. 1116 ......inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ...... the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......also published in the Financial Express dated 10-7-2012; that it has now become impracticable for the company to hold he adjourned meeting of 33rd AGM by electing the directors and thereafter to call and hold the 34th AGM. But for the reasons stated in the paragraphs herein above, the adjourned......e petitioner and one Sued Bazlul Karim; the petitioner submitted 55 proxy Forms of 55 share holders, having 1,26,190 shares; according to Article 141 of the Articles of Association of the Company the meeting was adjourned for one week; that on 03-8-2011, the other candidate Syed Bazlul Karim institu..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ......dent Judgment January 9, 2013. Result: The appeal is allowed. Framing of charge in a criminal trial The object of framing charge in a criminal trial is to enable the accused to have a clear idea of what he is being tried for and of the essential facts......h explanation as he can of those circumstances. It follows as a necessary corollary there from that each material circumstance appearing in evidence against him is required to be put to him specifically, distinctly and separately. Failure to do so amounts to a serious irregularity vitiating the ...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
.... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ........Petitioners Vs. State and another.................................Opposite-parties Judgment January 7, 2013. Result: The Rule may be made absolute. Cases Referred to- Aminur Rahman (Md) Vs.State 8 BLC 518; Khondaker Mahtabuddin Ahmed Vs.State, 49 DLR (AD). ......riminal Miscellaneous Case No.13326 of 2010. Judgment Khondker Musa Khaled J.— On an application under section 561A of the of the Code of Criminal Procedure, this Rule was issued calling upon the complainant-opposite-party, to show cause as to why the judgment and order dated 23...... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....dant-petitioners against whom ad-interim order of injunction was passed by the Assistant Judge to their great prejudice. He has further submitted that Rule 5 of Order XLI of the Code has clearly empowered the Appellate Court, here the District Judge, to pass an order of stay of operation of the ......ment January 4, 2013. Result: The petition is disposed of. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 115 Without issuing Rule and giving no opportunity to the other side(s) of being heard, the summary disposal of a revision application filed under sec...... 3. In the suit, the plaintiff filed an application under Order XXXIX rules 1 and 2 read with section 151 of the Code of Civil Procedure (the Code) praying for issuing a show cause notice calling upon the defendants to show cause as to why pending disposal of the suit they shall not be ......09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)
.... exactly as if they were in the Act and are to be of same effect as if contained in the Act and are to be judicially noticed for all purposes of construction and obligation. The exercise of power of making Rules is referable to a power, which confers validity upon it. The Rules framed unde......rent Law and this Rule, the Law will prevail over the Rules. Rules made under a statute must be treated for all purposes of construction or obligations exactly as if they were in the Act and are to be of same effect as if contained in the Act and are to be judicially noticed for all purpos...... and order dated 9-8-2009 passed by the High Court Division in Criminal Miscellaneous Case No.1505 of 2009). Judgment SK Sinha J.- In this petition the petitioner Anti-Corruption Commission calls in question the propriety of the judgment of the High Court Division in quashing the proc......rned Special Judge to proceed with the case in accordance with law. The petition is disposed of with the above observations. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 97. ..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....sue was not over the encashment and/or apportionment of the amount kept in FDR with the Jamuna Bank Ltd. After disposal of the matter, the Company Court becomes functions officio and it retains no power over the affairs of the company. Even if it is assumed that the amount involved in the FDR wh......Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Mrs. Tania Amir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.2985 of 2012. (From the judgment and order dated 2.12.2012 passed by the High Co......y amount, their remedy lay in other forum. Apparently the FDR stands in the name of the petitioner. In view of the above, the direction made by the Company Court while dismissing the petition is uncalled for and the same is liable to be interfered with for ends of justice. Accordingly, the opera......shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....e Rule with observations. Another set of cadre officers who filed the AT Case before the Administrative Tribunal did not press the case on similar ground. 20. It is true that government has power to increase/decrease cadre strength but it does not have any unguided and arbitrary power to g......Encadrement of the Non-Cadre Family Planning Office's— Encadrement of the non-cadre family planning office's appointed after 1985 in the cadre service but if the government decides to cadre them in the cadre, their seniority is to be fixed by following BCS Seniority Rules, 1983. ...... 7. Contempt Petition No. 127 of 2011. Judgment Md. Badruzzaman J.— On an application under Article 108 of the Constitution by Md. Amanullah and others, this Rule Nisi was issued calling upon the respondent-contemnors to show cause as to why they should not be punished for viola......Family Planning: Family Planning) Composition and Cadre Rules, 1985" (Annexure-"VII"). Thereafter, the Secretaries Committee for Administrative Development of the Cabinet Division by a meeting dated 4-12-2011 recommended to declare 250 non-cadre posts of Upazilla family planning ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
....e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
......In Civil Petition No.928 of 2009).
Md. Nurul Amin, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondents (In Civil Petition No.1041 of 2009).
Civil Petition for Leave to Appeal No.928 of with No.1041 of 2009.
(From the judgment and order dated the 19th day of Fe...... suit and 27-9-2012 was fixed for taking tadbir in default, the suit shall be dismissed. As on the date (27-9-2012) the plaintiffs neither filed hajira nor took any step and were also found absent on call the suit was dismissed for default for not taking any step. In support of his submission, Mr. Z......e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....committed offences under sections 420/120B/467/470/471/109 of the Penal Code read with section 5(2) of the Prevention of Corruption of Act, 1947 in connivance with each other by abusing official power. It has been alleged that plot No.2/B, Lane-5, Road No.2, Block-'K' measuring an area ......istent criminal case by invoking section 561A of the Code of Criminal Procedure does not arise at all……..... (11) Section 561A of the Code of Criminal Procedure can not be utilised to quash an investigation work of the police........(12) Cases Referred to- Abdul Huque Vs...... Criminal Miscellaneous Case No.13969 of 2009. Judgment Khondker Musa Khaled J. - On an application under section 561A of the of the Code of Criminal Procedure, this Rule was issued calling upon the opposite-party to show cause as to why the proceedings of the DAG GR No.13 2002 ari......ent Committee and concerned Ministry violating the rules. It has been further alleged that subsequently the accused-petitioners in connivance with each other, changed page No.10 of the minutes of the meeting by inserting the decision of fresh allotment of plot in favour of Moklesur Rahman. On a plai..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
.... those mentioned in Order XLVII, rule 1 of the Code of Civil Procedure. In the Code of Criminal Procedure, there is no provision for review of any judgment or order passed by the Court exercising power there under. So, in order to review a judgment or order passed by the Appellate Division in a...... can only be done on the ground of an error apparent on the face of the record. The review of judgment or order passed by the Appellate Division in a civil proceeding may be done on grounds similar to those mentioned in Order XLVII, rule 1 of the Code of Civil Procedure. In the Code of Criminal ...... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ...... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
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