(From previous issue) : Learned Advocate for the complainant opposite party No.2 referring to the decision of this Court, the case of Khandker Fazlul Haque vs Md Aftabuddin Ahmed @ Abtabuddin, reported in 11 MLR 357 = 57 DLR 166 and the case of Golam Sarwar Hiru vs Stater, reported in 13 MLR 103 ;::; 14 BLC (AD) 26 submits that the present petition for quashing the proceeding under Section 561A is not maintainable as it filed very initial stage of...
High Court Division :(Civil Revisional Jurisdiction) Mahmudul Hoque J Fatema Khatun …………………… Defendant-Petitioner vs Maszid-E-Fattah (Tablig Markas Maszid) ……………… Plaintiff Opposite- PartyJuly 17th, 2016Transfer of Property Act (IV of 1882) Section 106 Judgment Whenever a notice under Section 106 of the Act is served upon the tenant to vacate the Premises, the tenant only has protection of law if she is not a defaulter. A defaulter tenant cannot seek protection of law under the premises Rent Control Act. The petitioner...
(From previous issue)7. We have heard the learned Advocates for both the parties, perused the writ petition, its annexures, affidavit-in-opposition and other materials on record. 8. Let us first discuss whether the writ petition is maintainable or not. It is clear that the petitioner was an employee of Bangladesh National Museum (Jatio Jadughar) which is a statutory public authority constituted under Jatio Jadughar Ordinance, 1983. 9. In the judgment of the Administrative Appellate Tribunal it is rightly observed that the...
High Court Division(Criminal Miscellaneous Jurisdiction)Md Habibul Gani JMd Akram Hossain Chowdhury JShawkat Alam (Md) ….. Accused-Petitioner vs State and another …….. Opposite-PartiesJudgmentJune 5th, 2017Code of Criminal Procedure (V of 1898) Section 561A Penal Code (XLV of 1860) Sections 420 and 406 Refusal to the claimed balance does not constitute any criminal offence under Sections 420/406 of the Penal Code; rather, it may be a civil liability, if so claimed. On the self same dispute there is a civil suit pending...
Appellate Division (Civil) Md Abdul Wahhab Miah JNazmun Ara Sultana JMd Imman Ali JMd Nizamul Hoq JSyed Emdad Hussain and ors … Petitioners vs Muzahar Ali Mallick and ors … …… RespondentsJudgmentJanuary 22nd, 2017State Acquisition & Tenancy Act (28 of 1951) Section 96 That no application for pre-emption under Section 96 of the Act, can be rejected on the ground of long lapse of time, if the same is found to have been filed within the statutory period of limitation,...
Appellate Division :(Civil) Md Abdul Wahhab Miah JMd Nizamul Haq JJudgmentJanuary 3rd, 2017Masum Ali (Md) and others …………. Petitioners vsLaynur Begum and others. …………RespondentsState Acquisition & Tenancy Act (XXVIII of 1951) Section 96 Nowhere in Section 96 of the Act, it has been stipulated that the right of a co-sharer as co-pre-emptor shall be denied or defeated if he comes late’ with the prayer for preemption of the case land and similarly there is nothing in Section 96 to deny the...
High Court Division :(Special Original Jurisdiction) Md Rezaul Haque JMd Khurshid AlamSarkar JJudgment July 27th, 2016 Mostafiz Khan (Md) ……….PetitionervsBangladesh and others…….Respondents Constitution of Bangladesh, 1972 Article 102(2) It is well settled that a probationer has no right to the post if he is found unsuitable and an order of termination is not improper but it must be termination simplicitor, there is no scope of colorable exercise of power as to stigma in nature. In the instant case though the...
High Court Division :(Special Original Jurisdiction) Syed Refaat Ahmed J Md Akram HossainChowdhury JEastern Cement Industries Ltd ……….……………………………..Petitioner vs Customs, Excise and VAT, Appellate Tribunal, Dhaka and another………….……………. RespondentsJudgment June 10th, 2012 Value 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...
High Court Division :(Criminal Miscellaneous Jurisdiction) M Enayetur Rahim J Shahidul Karim JAbdus Salam … Petitioner vsState and another ……… ……… Opposite PartiesJudgmentMay 24th, 2017Anti-Corruption Commission Act (V of 20(04) Section 2(O) Corruption-Whatever amendment is made in the definition of “????????? ??????” in the Money Laundering Ain, 2012, the Commission is not precluded from making inquiry and investigation relating to the offence of any kind o? “????????” under the Money Laundering Act, 2012 besides other investigation agencies, including this particular...
High Court Division :(Special Original Jurisdiction) Naima Haider JAbu Taher Md SaifurRahman J Salma Begum …………… Petitioner vsGovernment of Bangladesh, represented by the Secretary by the Secretariat, Dhaka and others …. RespondentsJudgmentMarch 9th, 2017Constitution of Bangladesh, 1972 Article 102(2) An order to be a valid suspension order, the same must contain the period for which the incumbent shall remain suspended and such suspension order can only be issued when a disciplinary proceeding is pending. The suspension order of the petitioner...
High Court Division :(Criminal Revisional Jurisdiction) Syed Md Ziaul Karim J Ashish Ranjan Das JMaulana Abdul Malek Miah…… Accused-Petitioner vsState……………… Opposite-PartyJudgmentJune 18th, 2014Code of Criminal Procedure (V of 1898) Section 241A The plea are nothing but the defence plea. Be that as it may the proposition of law is now well settled that on the basis of defence plea or materials the criminal proceedings should not be stifled before trial; when there is a prima- facie case for going for...
High Court Division :(Special Original Jurisdiction) Syed Md Ziaul Karim J Sheikh Md Zakir Hossain J Shiromoni……PetitionerVsCommissioner of Customs and 3 anothers Respondents …………….Judgment January 14th, 2016 Pre-Shipment Inspection Rules, 2002 Rule 23(2) Customs Act (IV of 1969) Section 25A CRF certificate issues by the PSI Agency cannot be the basis of assessment of the imported goods because of the endorsement to the effect “The values are for customs purposes only” and in view of the clear statutory forum for ventilating...
