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Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......n through the Dhaka Metropolitan Police Commissioner who is also directed to render appropriate assistance in such event as required by the trial Court. The parties are at liberty to make appropriate prayer before the trial Court for famishment of their maintenance out of the fund deposited by the r..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
....can be treated as a public interest litigation, and the
necessity of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:.......
15. Considering the plea that the petitioner organization
receives no fund from within or abroad and has been filing many similar cases
with their own fund, donated by its members, let their prayer be allowed so that
this application can be treated as a public interest litigation, and the
..
Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....to commute the sentence of death to life imprisonment when the High Court Division has exercised its discretion on the question of sentence, in the absence of extenuating circumstances or in the alternative, if it is found that the sentence of death is apparently perverse. The learned counsel h......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....or of Waqfs can accord sanction for transferring any part of the Waqf property by way of lease exceeding 5(five) years in exercise of its power under section 56 of the Waqfs Ordinance, 1962 or in the alternative, a mutawalli of a waqf estate can transfer by lease in perpetuity any part of the waqf p......but the Court of Appeal below believed the defendant's case of possession followed by dispossession and decreed the suit declaring the defendant's title in the suit land and allowing the prayer for recovery of khas possession in respect of 0.03 acre of land. Plaintiff moved a revision p..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
..... The learned Deputy Attorney General further submits that High Court's inherent power is a residuary power and must be very sparingly used only to prevent abuse of the process of court and where alternative remedy is available inherent power 561A should not to be invoked. 16. Heard the lea......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ...... to the sole arbitrator who served notices calling upon the respondent to submit its written statement, if any, on the claims of the appellant on 9-7-1998. The respondent did not appear to submit any prayer for time. But hearing of the arbitration proceeding was adjourned to 23-7-1998 to provid..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......rt that is the Special Tribunal, the accused-petitioner without waiting to raise any objection as to its jurisdiction before it hurriedly moved an application before the learned Sessions Judge making prayer to transfer the case to the Juvenile Court. Thus, we are of the view that the said applicatio..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....t file the said application under any provision of CPC. Therefore, their application for setting-aside for sale under inherent power of the said execution court is not maintainable when there is alternative remedy. The appellants could have availed the provision of Order XXI Rule 90 or could ha......ার্থীগনের অনূকুলে যথাযথ আদেশ প্রদানে বিজ্ঞ আদালতের সদয় আজ্ঞা হয়। On a reading of the prayer portion of the application it appears that applicants did not want to set-aside the decree bu..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ......ainable in law. He further added that in an arbitration proceeding the Arbitral Tribunal can pass an interlocutory order within the ambit of Sections 7A and 21 of the said Act but prayer for addition of party in the proceeding is beyond the purview of the said provisions of law o..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
....nment the petitioner immediately preferred arbitration proceeding as per the lease agreement and obtained an Arbitral award with an order to restore the said land in favour of the petitioner or as an alternative to allocate a new land pursuant to the commitment of the Bangladesh Railway. The petitio......upon appearing before this court, preferred an application praying for vacating the order of interim injunction on 24.8.2011 and this court today heard the substantive application along with the said prayer for vacating the order of interim injunction. 4. The learned Advocate Mr. Masood R. Sobhan..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....fficient fund. As a result, the complainant-petitioner issued a notice under section 138(1)(b) of the Negotiable Instruments Act but the accused-petitioner did not respond for which having no other alternative the complainant-opposite-party filed all these CR cases in order to secure the trial of ......ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....he legal notice dated 8.7.93 stated inter alia as follows: “If you are unable or fail to pay the balance purchase price along with the interest lost by my client, my client would have no other alternative but to regard the sale agreement as cancelled and sell the property to another buyer. ...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......revisional court set aside the judgment and order of the appellate court on the finding that the plaintiff could not prove his possession in the suit land and in the circumstances without a prayer for khas possession the suit for simple declaration of title was not maintainable. The revisi..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Anti-Corruption Commission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ......e (the Code) and he, after claiming himself to be innocent, wanted to examine defence witnesses and accordingly, on 14-06-2010 was fixed for examination of the defence witnesses. On this date, on the prayer of the accused, the next date was fixed on 30-6-2010 for examination of the defence witnesses..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......archa was filed which showed that there was a government road in between the land transferred and the land of the pre-emptors but the revisional court inspite of this present petitioner's earnest prayer did not take that D.P. parcha into consideration. Mr. Mahbubey Alam has argued that the Advoc..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
....record." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ...... of full consideration money to Hossain Ahmed Chowdhury and got possession of the "B" schedule property with one storied building standing thereon. That subsequently both the vendor and vendee made prayer to the Cantonment Board, Dhaka on 16.10.1985 for permission of the said transfer. Ultimately ..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
....equired by law, simply recommended for discharge on the basis of the statements of the accused persons, recorded under section 161 of the Code of Criminal Procedure where the prosecution had no other alternative but to pass an order for further investigation asking him to unearth facts and to collec......han Alamgir Vs. ACC reported in 62 DLR (AD) 290. Mr. Khan further submits that the plain reading of the FIR clearly reveals the fact of issuance of work order in favour of CMC Consortium ignoring the prayer of the Petro Bangla for re-tender causing huge pecuniary benefit for more than 158 crores to ..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......ther..................Respondents Judgment December 13, 2011. Result: The appeal is allowed. When someone resigns from his service factually and legally, he can not make any prayer for reinstating him.......................(16) Cases Referred to- Chairman Petro-Ba..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......s as it may deem fit to impose." 9. If Section ৪২(১ক)(খ) as underlined above is read together with second proviso to section 194 of the Customs Act which is also underlined, the prayer for waiver of deposit before filing of appeal as regained under section 42(2) of VAT Act, co..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....he learned Judges concluded on the findings- "Since the respondent No.4 in the instant case has conceded the fact of execution of the application for appointment as genuine one, we have no other alternative but to hold that the aforesaid application is valid one. The authority found her as suit......ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
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