(From previous issue) :11. From the judgment and order of the High Court Division, it appears that it took notice of the facts that the writ-petitioner first made an application on 20-8-1998 for refund of Taka 3,95,98,579 claiming stoppage of production and closure of the mills since 12-5-1998. Thereafter, the mills again commenced production and finally stopped production since 31st August, 2000. On 29-11-2001, the writ-petitioner made an application to the Superintendent for cancellation of VAT registration after closure of...
High Court Division :(Special Original Jurisdiction) Md Rezaul Haque J Md Khurshid AlamSarkar JAbdur Rashid Bhuiyan (Md) ……………..Petitioner vsBangladesh Bank and others ………. RespondentsJudgmentFebruary 29th, 2016 Bank Company Act (XIVof 1991) Section 27(MM) Loan-defaulter-A loan-defaulter (†Ljvcx FY MÖnxZv) has been defined to be one who is a debtor/borrower/ Noanee-person (†`bv`vi e¨w³) or establishment /corporate body or company (cÖwZôvb ev †Kv¤úvbx) having availed a loan for him/itself or for the business-concern/ establishment/body-corporate, with which he/it is connected, fails to make the...
(To be continued) :24. In our view, a person or a body incorporate when places himself/itself as a guarantor infavour of a person or business knowing fully-well the provisions of the Ain, 2003 and the BC Act, he cannot escape the liability, which he has taken on his shoulder inasmuch as the Ain’2003, in, unambiguous terms made a provision that the guarantor shall be liable for the payment of the loan sanctioned in favour of a loanee be it a...
Appellate Division :(Civil) Md Abdul Wahhab Miah JMd Imman Ali JAHM ShamsuddinChowdhury JJudgmentMay 26th, 2015Abdus Sattar Miah (Md) …………AppellantvsRaman Sona Dashya and others……………… RespondentsHindu Law — Partition Suit-Hindu widow or a Hindu woman having life interest can very much maintain a suit for partition for the fullest enjoyment of her such right in the joint properties. .. …. (13) Hindu Law–Suit for Partition–Hindu widow had a right to maintain a suit for partition against the co-sharers of her deceased husband,...
High Court Division :(Criminal Revisional Jurisdiction) Md Emdadul Huq J Mohammad Ullah JSaleh Ahmed Shaheen (Md)………..Petitioner vsState………..Respondent* Judgment October 26th, 2011 Code of Criminal Procedure (V of 1898) Sections 195(l)(b) or (c) and 476 Penal Code (XLV of 1860) Section 211Adalat has not complied with any of the four requirements. He has neither formed any opinion nor recorded any finding as to whether he was satisfied about the necessity of inquiry into an offence under section 211 of the Penal...
Appellate Division :(Civil) Abdul Wahhab Miah JNazmun Ara Sultana JMd Imman Ali JMd Nizamul Huq JJudgmentMarch 31st, 2016Moulavi Abdul Wahab ………..Petitioner Nur Ahmed and others…………….RespondentsCode of Civil Procedure (V of 1908) Section 115(1) How a Judge after recalling the order making a matter out of list hear the same on that the very date and dispose the same, in the absence of the petitioner. The High Court Division Rules permits a particular Judge to recall the unsigned order, but that...
M. Harunur Rashid :Former Chief Justice Mr Justice Mostafa Kamal was interviewed by a television channel called Baishakhi TV, which was aired on 4th of November, 2013 where he was asked amongst others a specific question whether he received any national or international award for the contributions he has made in the field of law and legal history. In replying this question he said a judge should not expect any award during his life time and he should always try...
Appellate Division :(Civil) Mahmud Hossain CJMd Imman Ali JHasan Foez Siddique JMirza Hussain Haider JGovernment of Bangladesh and others……………….Petitioners(In CP Nos. 3520-3521- of 2017)vsMd Sohel Rana and others………Respondents In CP Nos. 3475 & 3520/17JudgmentApril 8th, 2018Constitution of Bangladesh, 1972 Article 102(2) Service matter-Seniority amongst officers appointed by the same process at different times, the date of entering service is relevant. A person who enters in the service first shall rank senior unless there is some rule providing otherwise. Since the...
Appellate Division :(Criminal) Surendra Kumar Sinha CJ Syed Mahmud Hossain J Mirza Hussain Haider J Jharu and another. … Appellants VsState……….RespondentJudgmentNovember 15th, 2016Evidence Act (1 of 1872)Section 134A single testimony if convincing and found to be full complete and self-contained, whether corroborated by other witness or not, is sufficient to bring home the charge and, as such, there will be no illegality in convicting an accused on the basis of such single evidence . …… (12) Md Abdul Majid Sarkar...
High Court Division (Civil Appellate Jurisdiction)Khandker Musa Khaled J SH Md Nurul HudaJaigirder JAM Mostafiz Meah … Plaintiff-Appellants vsUnited Commercial Bank Ltd and others … …………. Defendants Respondents Judgment February 13th, 2012 Code of Civil Procedure (Vol of 1908) Sections 9 and 151 Order VII, rule 11(d) Artha Rin Adalat Ain (VIII of 2003) Section 12(8) Since there is specific restriction in Section 12(8) of the Ain, which is a special law, to challenge auction sale by filing any suit,...
(From previous issue) :The learned Advocate further submits that the respondent No. 3 is a bonafide purchaser for value thorough the auction sale held and conducted in accordance with the provisions of law and, as such, he has already acquired right which cannot be frustrated by filing a separate suit in the Civil Court. The learned Advocate has relied on the case decision reported in Abdul Jalil vs Islamic Bank Ltd Bangladesh 53 DLR (AD) 12 and to put an...
High Court Division :(Criminal Miscellaneous Jurisdiction) M Moazzam Husain J Md Badruzzaman JAltaf Hossain (Md) …. …………Accused-Petitioner vsState ………………….. Opposite PartyJudgment February 26th, 2015. Criminal Law Amendent Act (XLof 1958) Section 4 Jurisdiction-Mere absence of jurisdiction does not absolve the petitioner of his criminal liability. He must face trial before a competent Court. .. …. (17) State vs Mohammad Jamil, 20 DLR (AD) 315; Adnan Afzal vs Sher Afzal, PLD 1969 SC 187 = 21 DLR (SC) 123, Garbachan Singh...