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Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)

.... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......s the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to ‘cheat’. Illustrations (a)&hel..

Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218

Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)

....ing for six months. Because of the pre-marriage pregnancy she was left by her husband and took shelter at her parent’s house. In that situation, she had to disclose the reason of her pregnancy. The local elites also interrogated the accused, to which he confessed his guilt, but did not compromise ......no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158

Anti-Corruption Commi­ssion Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)

....48(1)2011 is hereby quashed. The trial Court is directed to pro­ceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......cted papers. 10. It appears that the Anti-Corruption Com­mission has brought allegation under section ২(ট)(অ) and 4(2) of the Money Laundering Protirodh Ain, 2009 against the executive body of the opposite party No.1 Unipay To You Bangladesh Ltd. and after investigation charge-sheet h..

Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138

Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)

....late court. II. Because in deciding the instant suit the court of appeal below has not taken into consideration that under section 2A of the State Acquisition and Tenancy Act the interest of the local authority has been kept outside of acquisition under the said Act (39 DLR (AD) page-16). ......the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ..

Category: Property Law | Date: 19 Mar, 2012 | Hits: 76

Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)

....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ...... been inducted into possession by the lessee. Excepting these two categories of unauthorized occupant under this ordinance. Government has no authority to issue any letter or notice of eviction to anybody. When law does not permit Government to evict excepting these two sections of unauthorized pers..

Category: Others | Date: 18 Mar, 2012 | Hits: 5

Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)

....s passed in a matter, person interested in the matter or persons apprehensive or being affected by the act of functionaries performing functions in connection with the affairs of the Republic or of a local authority is not entitled to invoke writ jurisdiction, as has been observed by the Appellate D......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ..

Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2

Swadhin Chandra Mandal and others Vs. Bangladesh University Grants Commission (UGC), 2012, 41 CLC (HCD)

.... Course throughout the country. Thereafter, several representations were made by the Bangladesh Animal Husbandry Association and also by Babugonj Shikkha & Samajik Unnayan Basto-bayon Parishad, a local social welfare organiza­tion, on 21-8-2011 addressing the Hon'ble Minister for Ministr......rder passed by this Court, have totally supported the case of the petitioners. 9. Mr. Md. Badruddoza, the learned advocate appearing on behalf of the petitioner, submits that PSTU is a statutory body, which has been created by “পটুয়াখালী বিজ্ঞান ও প্..

Category: Others | Date: 14 Mar, 2012 | Hits: 5

Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)

.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12.  ......সহ প্রস্তাব অনুমোদনের জন্য শিল্প যন্ত্রনালয়ে প্রেরন করতে হবে। 16. The law is that if any body is dissatis­fied with the decision of the allotment commit­tee, he can file appeal befo..

Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10

Assistant Horticulturist, Agriculture Extension Division, Crop Section Vs. M. A. Sattar Bhuiyan, 2012, 41 CLC (AD)

.... that the suit property is an abandoned property prayed before the Ministry of Agriculture for release of the said proper­ty from the list of abandoned property and that prayer was rejected, but the local tahshilder illegally released the suit prop­erty from the list of abandoned property. That th......d dis­posal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ..

Category: Property Law | Date: 12 Mar, 2012 | Hits: 94

Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....ty at a much reduced price. 7. Mr. Murshid in addition to the above submissions further contended that the chronological order of the Warrant of Precedence are often not being followed by the local administration inside the country which also causes humiliating situations for the dignitarie......e passenger list of the said flight, in order of the hierarchy as set out in the Warrant of Precedence. 2. In the writ petition it is stated that the Bangladesh Biman is a statutory corporate body run by its Board of Directors, who, by exercising its discretion, passed an order, as containe..

Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17

Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)

....ic servant shall not be absorbed in any post unless he is nominated by the Ministry of Establish­ment Provided that the Ministry of Establish­ment may authorise a Ministry, Division or a local authority, to absorb a surplus public servant in any office under its adminis­trative cont......al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ..

Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9

Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)

.... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:    ......dertake, the whole or any part of or any interest in the business goodwill, property, contracts, agreements, right privileges, effects and liabilities of any other company/corporation, partnership, body, person or persons carrying on or possessing property suitable for the purpose of the company ..

Category: Company Law | Date: 4 Mar, 2012 | Hits: 28

Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)

....n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ..

Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208

Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)

....ht accused Shafiul Azam Chowdhury alias Shafi red-handed with his firearm and the other two accused persons namely, Saiful Islam and Uzzal Barua were also caught by the patrol police with the help of local people. Thereafter, injured Harun was taken to and admitted to the Medical College Hospital, C......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ..

Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78

Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)

....petitioner had demanded dowry of Taka 50,000/- (fifty thousand) to bring from her mother and as she declined, he (petitioner) along with the two co-accused beat her. The informant, with the help of a local Commissioner named Yahia (P.W.3), took her for treatment at Moulvibazar hospital. 6. This......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..

Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168

Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)

....roposal for giving per­manent lease of the said land to the writ petitioners was under process and at that stage the dwelling houses of the writ peti­tioners on the said land were demolished by the local administration without giving any notice to the writ petitioners. The writ petitioners thus ha......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ..

Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

....non-payment of the telephone bills are concerned. II. The petitioner was not notified about such non-payment from the telephone department specially when he does no longer reside in his house of the local area where the said telephone was installed, as such, his nomination cannot be cancelled on th...... না৷ 18. Having considered the definition, it appears that an individual may be a খেলাপী ঋণ গ্রহীতা if the following conditions are fulfilled:- (i) An individual/body (প্রতিষ্ঠান) has taken a loan in his/its own name. (ii) The individual is ..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Grameen Phone Ltd Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) and others, 2012, 41 CLC (HCD)

....one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 401. ......ommuni­cation Act, 2001 ("the Telecom Act"), the said licences were revalidated by the newly consti­tuted Bangladesh Telecommunication Regula­tory Commission (BTRC), a statutory body, in view of the provisions under sections 89 and 90 of the Telecom Act. Accordingly, BTRC issue..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15

Major General Amjad Khan Chowdhury (Retd.) Vs. Parle Agro Products Ltd. & another, 2012, 41 CLC (HCD)

....everal Bangladeshi traders made small imports from the respondent No.1 its branded fruit juice item bearing Trade mark "FROOTI", in Bangladesh some of such sellers in Bangladesh made publicity in the local dailies one of such importer is M/s Rana Fruits & Juice Company of A/2 Powell Super Market......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ..

Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91

Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)

.... by Abdul Sukur (P.W.1), Md. A Ahad (PW 12), Aziz Ahmed Khaled (P.W.17) and Md. A Rahim (P.W.18) are that the appellant Muzibur Rahman gave a blow with ‘কাঠের বর্গা’ a local term which is normally used for making frame of doors or windows which is a heavy wooden pole,......f the head of the victim who rolled down on the ground on sustaining the injury. The victim succumbed to the injury at about 1-45 am Dr. Md. Altafur Rahman (P.W.8) perform­ing autopsy on the dead body found "defuse swelling (heamotoma) on the vault of the head especially on the (Rt) parito ..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6