(From previous issue) :As per the said subscription agreement, petitioner No. 2 nominated petitioner No. 1 as its nominee-director in the Board of the Benetex and, accordingly, Form-12 of the Benetex has disclosed the name of the petitioner No. 1 as one of its directors. That, subsequently, the petitioner No.2 decided to withdraw its equity investment from Benetex and, thus, transferred its entire share in the Benetex and thereby petitioner No. 1 seized to be a director of Benetex vide...
Appellate Division :(Civil) Surendra K. Sinha JSyed Mahmud Hossain JHasan Foez Siddique JMirza Hussain Haider JJudgmentAbdus Sobhan (Md) ……Appellant vsMd Ahsanullah and others. …………RespondentsMay 31st, 2016Specific Relief Act (I of 1877) Section 22 Specific performance of contract – Mere fixation of the period in the contract even when coupled with a power to treat the contract as cancelled in the event of default in performance of contract within the stipulated time is not sufficient to make the time fixed of...
High Court Division :(Special Original Jurisdiction) Sheikh Hassan Arif JMd Badruzzaman JSM Akbar and another …. one…………..Petitioners vs People’s Republic of Bangladesh, represented by the Secretary, Ministry of Finance, Bangladesh Dhaka and others ………………….. RespondentsJudgmentMay 22nd, 2017Bank Company Act (XIV of 1991) Sections 5(Ga)(Ga) and 20 Since the admitted position is that neither the petitioner No. 1 nor the petitioner No.2 executed any guarantee securing the credit facilities obtained by the Benetex, none of them should be referred to in...
(From previous issue) :36. In this particular case the learned Metropolitan Sessions Judge, Dhaka having no prior sanction from the Government took cognizance of the case and eventually framed charge against the accused petitioner. Thus the learned Metropolitan Sessions Judge, Dhaka had acted illegally in taking cognizance of the Case without the prior sanction of the Government, as per provision of Section 40(2) of the Santrash Birodhi Ain, 2009 and, as such, the order of taking cognizance is illegal and...
Appellate Division (Civil) :Md Abdul Wahhab Miah JNazmun Ara Sutana JMd Imman Ali JJudgmentMarch 28th, 2017Zainab Banu and others…………Appellantsvs Md Nisar Uddin and others. ………..RespondentsCode of Civil Procedure (V of 1908) Section 151 At the instance of a third party in a case of exceptional circumstances, i.e. to secure the ends of justice or to prevent abuse of the process of Court, a Court in exercise of its inherent power under Section 151 of the Code can pass an order...
High Court Division :(Criminal Miscellaneous Jurisdiction) M Enayetur Rahim J JBM Hassan J Rabiul Islam alias Robi (Md) ………….Petitioner VsState … Opposite PartyJudgment December 11th, 2016 Code of Criminal Procedure (V of 1898) Section 561A Continuation of the proceeding will be nothing but a sheer abuse of the process of the Court and order of framing charge without sanction is illegal and without jurisdiction and, as such, the proceeding is liable to be quashed. .. …. (18) Code of Criminal...
High Court Division :(Special Original Jurisdiction) Syed Refaat Ahmed JMd Akram HossainChowdhury JEastern Cement Industries Ltd ………………… . Petitioner vs Customs, Excise and VAT, Appellate Tribunal, Dhaka and another …………………..RespondentsJudgmentJune 10th, 2012Value Added Tax Act (XXII of 1991) Sections 55 and 37 The process of determination that followed, thereafter, up to the appellate stage is, therefore, wholly confined to ascertaining the justification of imposition of penalty without the benefit, however, of prior substantive adjudgment or determination of any liability justifying...
High Court Division :(Special Original Jurisdiction)Syed Md Dastagir Husain JMd Ataur Rahman Khan JTajul Islam (Md)………..PetitionervsBangladesh, represented by the Secretary, Ministry of Home Affairs and others. RespondentsJudgmentApril 3rd 2017Constitution of Bangladesh, 1972 Article 36 In absence of any custodial order passed by a competent Court of law, no request can be lawfully made to the immigration authorities to prevent a citizen from leaving the country, if any such request is made or entertained by the· immigration authorities, the same would...
High Court Division :(Special Original Jurisdiction) Zinat Ara J KM Kamrul Kader J Nurul Islam (Md) …………..Petitioner vs Anti-Corruption Commission represented by its Chairman Dhaka and others ………….. RespondentsJudgment February 25th, 2016Anti-Corruption Act (XXVI of 1957) Section 3(2) Before proceeding further with the Memos, the Commission, upon enquiry, should decide as to whether the approval letter issued by the Bureau is genuine or not and should take action the person/persons responsible for sending/receiving the letter with the official seal of...
(From previous issue) : 17. The remaining witnesses were Nasima’s sister PW 2, another relation PW 3 and no such local Union Parishad Chairman, Member or leading villager was examined. While PW 3, 4, 5 briefly stated that as the matter came to light three months after, there was sitting of close relations of the parties those include only 2, 3 persons. 18. All these facts suggest that Nasima’s testimony is not credible and her conduct was further unreliable. Evidence...
High Court Division (Criminal Appellate Jurisdiction) Md Emdadul Huq JAshish Ranjan Das JJudgmentMay 11th, 2016Najim Uddin (Md) ………………..Convict-Accused- Appellant vsState …………..RespondentNari-o-Shishu Nirjatan Doman Ain (VIII of 2000) Section 9(1) Only one party of the two contributing to the amicable act con not be stamped to have committed an offence of rape. The act of the male partner does not attract the mischief of Section 9(1) of the Ain.That liberal interpretation of Section 9(1) of the Ain, 2000 tilting towards the...
High Court Division (Criminal Revisional Jurisdiction) Farah Mahbub J Mahmudul Hoque JShahidul Alam @ S Alam and another. ……….Complainant-PetitionersvsDr Jahid Hossain Prodhan and another……………Opposite-PartiesJudgmentAugust 17th, 2017Negotiable Instruments Act (XXVI of l881) Section 138 Notice under Section 138 is required to be served upon “the drawer” of the cheque so as to give the drawer an opportunity to make the payment and escape the penal consequences, ….. (12) Negotiable Instruments Act (XXVI of 1881) Section 138 The person who writes a...
