High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam J Md Ruhul Quddus JRex Apparels (Pvt) Ltd. and others …………..……………..Petitioner vs Government of Bangladesh and others ………… RespondentsJudgment January 27th, 2015. Constitution of Bangladesh, 1972 Article 102(2) If an auction sale has been held to be illegal or irregular, the same cannot be challenged under Article 102 of the Constitution. However the owner may sue the bank concerned for any loss, if suffered because of such illegal or irregular auction...
High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam J Md Ashraful Kamal J Amirul Islam (Md) ……….……….Petitioner vs Commissioner of Customs Chittagong and others Respondents* Judgment March 5th, 2014. Customs Duty Assessment (Determination of Value of Import Goods) Rules, 2000 Rules 4, 5 & 7 Provisional assessment should be followed by final assessment as per Valuation Rules . ….. . (10) Md Jamal Hossain, Advocate-For the Petitioner.SM Moniruzzaman, DAG with Khairun Nessa and Purabi Saha, AAGs-For the Respondents. Judgment...
High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam J Md JahangirHossain JWahiduzzaman (Md) …. ………………..Petitioner vsAdditional District Judge, Bankruptcy Court, Dhaka and others …………….Respondents* Judgment January 19th, 2015Bankruptcy Act (X of 1997) Sections 46(5) and 110 Judgment January 19th, 2015.The Court below though tried to tread within the purview of Section 110 of the Act but ultimately gave a decision under Section 46(5) of the Act which to our mind is not in keeping under the scheme of law...
Appellate Division :(Civil) Nazmun Ara Sultana J Syed Mahmud Hossain JMd Imman Ali JChowdhury Mohidul Haque………..Petitioner vsAnti-Corruption Commission and others…….…………Respondents* Judgment October 21st, 2014. Code of Criminal Procedure (V of 1898) Section 173(3B) Although the initial charge-sheet was submitted against only one accused person, upon finding prima facie evidence against him, he still remains an accused in spite of the so called “reinvestigation” of the case whereby the petitioner before us has been additionally named an accused, prima facie evidence...
(From previous issue) :9. On consideration of the plaint and written statement, the fact related for disposal of the Rule are that plaintiff joined temporarily in the post of Lecturer for Physics on 6-9-1995, the governing body appointed plaintiff as vice principal on 8-12-2001 and issued appointment letter on 27-12-2001, plaintiff joined as vice principal on 29-12-2001, the governing body approved the appointment on 17-12-2002 and from 29-12-2001 to 30-12-2004 plaintiff signed as vice-principal in the daily attendance registrar. Plaintiff...
High Court Division :(Civil Appellate Jurisdiction) Nozrul Islam Chowdhury JKashefa Hussain JAmena Meher…………….…………………Defendant-Appellant vs Judgment May 19th, 2014. Md Abdul Kader and others …… Plaintiff- Respondents * Code of Civil Procedure (V of 1908) Order XL, rule 1 For the purpose of protection and preservation of the fruits grown in the litchi bagan, in all fairness, the matter be looked into with proper attention and in doing so we feel it proper to allow appointment of a receiver in respect...
High Court Division :(Civil Revisional Jurisdiction) Sharif UddinChaklader JAKM Shahidul Huq JTowhidur Rahman Md) Mandol Plain tiff-Respondent-Petitioner vs Principal, Rangpur Model College and others ………….Proforma-Defendant-Respondent Opposite-Parties” Judgment July 30th, 2013. Natural Justice The expression “natural justice” may not be capable of precise definition. But the basic and fundamental requirements of “natural justice” are well known and have been repeatedly affirmed by courts of highest authority. Particular forms of legal procedure may not be necessary, but it is of the very...
(From previous issue) :13. Condition No.4 shows that appointment is temporary, but such temporary basis is for 5 years from his date of appointment as vice-principal as he cannot resign from his post, that means, his service is from 27-12-2001 to 27-12-2006. It gives burden upon the governing body that if plaintiff be removed before this 5 years period, he is entitled, at least for a show cause notice and also there must be an enquiry to find whether he...
Appellate Division :(Civil) Nazmun Ara Sultana JSyed MahmudHossain JMd Imman Ali JShawkat Hossain (Md) and another ….. …………Appellants vs Golam Mohammad and another …….…….. .. RespondentsJudgment September 20th, 2014. Evidence Act (I of 1872) Section 73 Where other evidence produced before court are sufficient to prove the genuineness of any disputed signature or document the court may not insist for expert’s opinion, but where the evidence adduced before court are not sufficient for proving a disputed signature or document the...
High Court Division :(Civil Revisional Jurisdiction) Sharif UddinChaklader JAKM Shahidul Huq JTowhidur Rahman (Md) Mandol Plaintiff-Respondent-Petitioner vs Principal, Rangpur Model College and others ………….Proforma-Defendant-Respondent Opposite-Parties” Judgment July 30th, 2013. Natural Justice The expression “natural justice” may not be capable of precise definition. But the basic and fundamental requirements of “natural justice” are well known and have been repeatedly affirmed by courts of highest authority. Particular forms of legal procedure may not be necessary, but it is of the very essence...
Appellate Division (Civil)Nazmun Ara Sultana JSyed Mahmud Hossain JMd Imman Ali JJudgment May 12tyh, 2014Evidence Act (1 of 1872)Section 90Nurul Hoq Bhuiyan…………..PetitionerVs Momtazul Islam and others…………RespondentsEvidence Act (I of 1872) Section 90 Exhibit ‘Kha’ is an old registered deed of the year 1935 and, as such, is admissible in evidence without any formal proof. Where there are ample facts and circumstance before the court as pointed out in support of the genuineness of this partition deed and where this partition...
(From previous issue) :In this connection the learned Advocate referred the decision of the case of Mohammad ]ahangir Hossain Howlader vs Chief Metropolitan Magistrate, Dhaka reported in 26 BLD 83 = 58 DLR 106. The learned Advocate further submits that the petitioner went on retirement on 1-3-2005 and immediate thereafter his matter was sent to the Anti Corruption Commission. But within last 5/6 years no steps have been taken so far. As such, the financial benefit of an employee should...
