(From previous issue) :8. Subsequently, the names of the petitioners were classified in the lists of CIB and the petitioners challenged in Writ Petition Nos. 7161-62 of 2017 & 7973-7974 of 2017 the propriety of adverse inclusion of the their names in CIB list and misapplications of Section 27 kaka of the Bank Companies Act, 1991 and this Division issued Rule and also granted interim order of stay of the operation of the CIB report. But subsequently those writ petitions...
High Court Division :(Criminal Miscellaneous Jurisdiction) ANM Bashir Ullah J Mustafa Zaman Islam J Sumon Ahmed (Md) alias Sumon—–——Accused-Petitioner vs State——–Respondent Judgment July 24th, 2018 Code of Criminal Procedure (V of 1898) Sections 526 and 185 In order to avoid conflicting decisions and also at the same time in order to bring the real culprits into the book of law for causing murder of deceased both the cases should be heard and disposed of simultaneously by a single Judge and...
High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam J Mohammad Ali J Nassa Tipei Spinners Limited and others ………….Petitioners vs Judgment February 26th, 2019 Bangladesh Bank and Others…….RespondentsConstitution of Bangladesh, 1972 Article 102(2) In many a decisions as we have found that the bank extended and showed its magnanimity and in the instant case since the petitioner had already paid Taka 66.92 crore, certainly he deserves an effective accommodation from the bank to have smooth exit once for all....
(From previous issue) 19. The one and only core ground taken by the writ petitioner is that the inquiry officer (respondent No.4) without notifying the petitioner conducted the alleged inquiry promptly and on the basis of the said report the respondent No.2 passed the impugned order dated 2-8-2012 which is a clear violation of the principle of natural justice. 20. On a keen perusal of the record it appears that the respondent No. 4 duly conducted the investigation and submitted...
Appellate Division (Civil) Md Abdul Wahhab Miah JMuhammad Imman Ali JHassan Foez Siddique JPear Ali (Md) @ Pear Ali Bepari and others ………….vsMd Abdul Hai and others………… . RespondentsJudgmentAugust 9th, 2017Specific Relief Act (I of 1877) Section 42 On the date of filing the suit or on the date of cause of action for filing the suit, the plaintiffs were under the constant threat of dispossession by the defendant. They were legally obliged either to pray for permanent injunction or...
High Court Division :(Special Original jurisdiction) Sheikh Hassan Arif JMd Badruzzaman JAbu Syed Bhuiyan (Md) and others….…………Petitioners VSDhaka North and South City Corporation and others……Respondents Judgment January 9th, 2018 Local Government (City Corporation) Ain, (LX of 2009 ) Section 22 Dhaka North & South City Corporation Market Upa Ain 2013 Article 25 Principle audi alteram partem-A person must be allowed an adequate opportunity to his case where certain interests and rights may be adversely affected by a decision maker. . ….....
High Court Division :(Special Original Jurisdiction) Tariq-ul Hakim J Md Shohrowardi J Kazi Md Nurul Arefin ………………………Petitioner vs Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat and others….RespondentsJudgment August 5th, 2018 Muslim Marriage & Divorce (Registration) Rules, 2009 Rule 6(6Ka) If licence of a Nikah Registrar of an area of City Corporation, Pourashava or Union Parishad is terminated due to death or retirement of a Nikah Registrar, the son of the Nikah and Divorce...
(To be continued)11. Though the Tribunal observed that CRF certified price is not tallied with the contemporary price of identical goods but did not elaborate its observation by referring any particular case. From the valuation report supplied by the customs authority contained in the paper book it appears that price of the LAPTOP BAG ADDEL: ACB-CB27 released through bill of entry dated 5-10-2010 was US$ 2.86 per price and in the same valuation report price of the ‘LAPTOP BAG’ NYLON...
High Court Division :(Special Statutory Jurisdiction)Borhanuddin JSardar Md Rashed Jahangir JSaiful Alam (Md)…………..Appellant VSCustoms, Excise and VAT Appellate Tribunal, Dhaka, and others………… Respondents Judgment November 14th, 2018 Customs Act (IV of 1969) Section 25A The importer under the PSI scheme has no obligation to prove authenticity of the actual transaction value when PSI agency certified the price under Section 25A of the Act. The authority should be refrained from assessing the PSI certified goods on pick and choose basis at...
(From previous issue) :8. ‘The respondents of the present First Miscellaneous Appeal No. 105 of 2012 without serving any summons or notice or any copy of the said application upon the appellant, (plaintiff of the Artha Rin Suit) the learned Judge, of the Artha Rin Adalat after hearing the defendant only, pleased to allow the Miscellaneous Case on 16-1-2012 by setting aside the exparte decree dated 22-3-2009 and restored the Artha Rin Suit No. 619 of 2008 to its original...
High Court Division :(Civil Appellate Jurisdiction) SM Emdadul Hoque JAhmed Sohet JIslami Bank Bangladesh Limited and oters…………..Plaintiffs-AppellantsvsAl-Mozadded Shipping Lines Co. and others…. Defendants-Respondents Artha Rin Adalat Ain (VIII of 2003)Section 19(2)When facts are intentionally misrepresented or where a false statement is made intentionally, with the knowledge that it is false, with a view to deceive the other party, it is known as fraud. In the present case, it is clear that the respondents had knowledge of the ex-parte decree at...
High Court Division :(Special Original Jurisdiction) Md Rezaul Haque J Md Khurshid Alam Sarkar J Bangladesh Passengers Welfare Samity…………………………. Petitioner vs Government of the People’s Republic of Bangladesh and others .. ………….. RespondentsJudgment December 13th, 2017 Constitution of Bangladesh, 1972 Article 102(2) A bonafide PIL litigant, after being informed by the Court that there is no point of delivering a full-fledged Judgment because of lack of merit in the Rule or not having any contentious legal issues which requires to be examined...
