High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam JMohammad Ali JJanata Bank Limited … Petitioner vs Artha Rin Adalat, Chittagong and others ……….. Respondents Judgment October 11th, 2018 Artha Rin Adalat Ain (VIII of 2003) Sections 34(1) & 34(5) Artha Rin Adalat Ain, which is a special law, specifically fixed the maximum period of sentence up to which a person can be detained in the civil imprisonment is 6 (six) months. This is the maximum sentence and also the...
(From previous issue)12. Mr Shams-ud-Doha Talukder, the learned Assistant Attorney-General appearing on behalf of the respondent No.1 submits that it is fact that in the 3rd auction the petitioner became the highest bidder offering Taka 45,52,000 but his bid was not approved by the auction committee, as is evident from Annexure-H to the writ petition. In this regard, referring to clause 15(Ka) of the Ò¯’vqx Av‡`k bs-08 ZvwiLt 1-4-2001Ó he goes to submit that vide the same the Commissioner or...
(Civil) Syed Mahmud Hossain CJ Hasan Foez Siddique J Zinat Ara JMd Nuruzaman J Durnity Daman Commission…………………..Appellant vs Humaiyun Kabir (Md) and others ………………………… Respondents Judgment April 2nd, 2019 Administrative Tribunal Act, 1980 (VII of 1981) Sections 2(aa) and 4 On careful scrutiny of the Schedule to the Act, it transpires that Anti-Corruption Commission is not included in it. It cannot be said that the writ petition was not maintainable, as the Act was not applicable to the writ petitioner,...
High Court Division :(Special Original Jurisdiction) Farah Mahbub J SM Maniruzzaman JShahidullah (Md) Represented by his constituent Attorney Md Ibrahim…………Petitioner vsCommissioner of Customs, Customs House Chattogram and others………Respondents.Judgment April 3rd, 2019 Constitution of Bangladesh, 1972 Article 102(2) In the interest of public revenue the auction committee can hold any number of auction on being satisfied that the offer so far received in connection with the auction has not reached it’s reserved value and/or there is opportunity of getting higher value...
High Court Division :(Special Statutory Jurisdiction) Borhanuddin J Sardar Md Rashed Jahangir J Equity Valuation Research & Distribution Ltd…….Applicant vs Commissioner of Taxes, Taxes Zone-7, Dhaka………..Respondent Judgment April 18th, 2019 Income Tax Ordinance (XXXVI of 1984) Section 160 The only jurisdiction of the High Court Division in a reference application is to answer the questions of law that are placed before him. Question of hardship cannot justify the court in departing from plain provision of the statute …… (16) Osman Gani...
High Court Division :(Special Original Jurisdiction) JBM Hassan J Md Khairul Alam J Rupali Bank Limited…..Petitioner vs Judge, Artha Rin Adalat No. 4, DhakaAnd others………………Respondents.JudgmentDecember 13th, 2018 Artha Rin Adalat Ain (VIII of 2003) Section 33(5) Since, no property was mortgaged by the principal borrower, direction is not in any way put any embargo upon the Adalat to sell the properties mortgaged by the 3rd party mortgagors including the properties of the respondents Nos. 2-10 in auction and to issue certificate...
High Court Division :(Civil Appellate Jurisdiction) Sharif Uddin Chaklader JKhizir Ahmed Choudhury J Ramesh Chandra Das and others Appellants vs Sureshwar Mazumdar and others Respondents JudgmentJuly 7th, 2015 Transfer of Property Act (IV of 1882) Section 106 Defendants as tenant denied title of the plaintiffs and so they forfeited right to stay in the suit properties. So far the defects of notice under Section 106 of the Act as submitted by the learned advocate for the appellant it can be...
Rajib Kumar Deb :Global economic strength depends not only on strong digital communication infrastructure and hi tech digital technologies but also on state measurements in respect of Cyber law. There is no exhaustive definition of the term Cyber law but the growth of cyberspace has resulted in the development of a new and highly specialized branch of law called cyber laws-laws of the internet and the World Wide Web. Cybercrime refers to illegal internet-mediated activities that often take place in...
High Court Division :(Civil Revisional Jurisdiction) Md Rezaul Hasan JAzadul Islam and others ………….Defendant- Respondent-Petitioners vs Asis Bewa and others …… Plaintiff-Appellant Opposite Parties Judgment March 7th, 2019 Code of Civil Procedure (V of 1908) Section 11 Decree in a suit for permanent injunction will not operate as res-judicata, in a subsequent suit, so far as the issue of title is concerned. .. …. (15) In a suit for permanent injunction, the issue regarding title need not be and should not...
High Court Division :(Special Original Jurisdiction) JBM Hassan JMd Khairul Alam J Rupali Bank Limited………PetitionervsJudge, Artha Rin Adalat No.4, Dhaka and others…………..RespondentsJudgmentDecember 13th, 2018Artha Rin Adalat Ain (VIII of 2003) Section 33(5) Since, no properly was mortgaged by the principal borrower, direction is not in any way put any embargo upon the Adalat to sell the properties mortgaged by the 3rd party mortgagors including the properties of the respondents Nos. 2-10 in auction and to issue certificate under Section 33(5)...
(From previous issue)8. Mrs Rabeya Bhuiyan, the learned Senior Counsel appearing along with the learned Advocate Mr Mahmood Morshed, and, Mr. Shaleh Akrarn for the opposite parties, submits that the divorce notice dated 20-3-2016 was served by the present-opposite party No.1 as the husband upon the present-petitioner, wife and also to the concerned authorities including Dhaka South City Corporation as per the provision of the Muslim Family Law Ordinance, 1961, accordingly, the Arbitration Case No. 124 of 2016 was initiated...
High Court Division :(Criminal Appellate Jurisdiction) M Enayetur Rahim J Md Mostafizur Rahman J AKM Fakhrul Islam……………..Appellant vs State ……Respondent November 26th, 2018 Order Code of Criminal Procedure (V of 1898), Section 426 There is no provision for staying the conviction during pendency of an appeal. It can only be set-aside or affirmed on disposal of the appeal. ‘Conviction’ is a formal declaration or the decision of a judge in a Court of law that some-one is guilty of a...
