High Court Division :(Civil Revisional Jurisdiction) SM Emdadul Hoque JMohi Uddin Shamim JCityscape Planners Ltd ……Defendant-PetitionervsKari Abul Kashem………Plaintiff-Opposite-PartyJudgmentApril 28th, 2019Arbitration Act (1 of 200l) Section 10(1)(3) There is no legal bar to initiate a suit before the civil Court if any party to an arbitration agreement or any person claiming under him commences any legal proceedings against any other party to the agreement or any person claiming under him in respect of any matter agreed to be referred to arbitration,...
(From previous issue) :24. From a plain reading of the show cause notice, it appears that the show cause notice merely states that an incident took place at the University Campus (wek¦we`¨vjq K¨v¤úvm) without mentioning the exact place of the occurrence. Moreover, the said notice reveals that an attack took place on some teachers and students and some motorcycles and bicycles were burnt. However, there is no mention of the time of the incident nor is there any details or...
High Court Division :(Special Original Jurisdiction) Zubayer Rahman Chowdhury JSashanka Shekhar Sarkar JShamsujjaman (Md) and others…………Petitioners vs Bangladesh, represented by the Secretary, Ministry of Education, and others………..RespondentsJudgmentNovember 14th, 2018 Constitution of Bangladesh, 1972 Article 102(2) The image of the University and the sanctity of the University premises cannot be allowed to be vandalized and perpetrators of such action must be dealt with sternly, without Showing any lenience, even if such perpetrators are the students of the University. However, in doing...
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...