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The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)

....e), for confirmation of death sentence of condemned-prisoner. 2. By the above appeals the appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 23.05.2007 passed by learned Judge, in Sessions Case No. 14 of 1996 convicting the appellant u......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ..

Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7

Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)

....vocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.923 of 2009. (From the judgment and order dated 14.01.2009 passed by the High Court Division in Civil Revision No.6944 of 2001.) Judgmen......before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ..

Category: Property Law | Date: 18 Oct, 2012 | Hits: 4

Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)

....None represented-For the Respondents (In both cases)  Civil Petition for Leave to Appeal No. 648 of 2010. with Civil Petition No. 434 of 2011. (From the judgment and order dated the 10th day of January, 2010 and the 3rd day of February, 2011 passed by the High Court Divis......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159

Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)

....sh; At the instance of the defendant-petition­ers, Mayor, Dhaka City Corporation and others, this Rule has been issued calling upon the oppo­site party to show cause as to why the order No. 8 dated 30-1-2000 passed by the Assistant Judge, 4th Court, Dhaka in Title Suit No. 321 of 1999 should......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518.     ......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518.     ..

Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3

Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)

....onstitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the holding of the imported duty paid goods covered under Letter of Credit No. 209610010034 dated 18-3-2010 and B/E No.C137775 dated 19-10-2010 and B/E No.C63728 dated 23-5-2010, Bill of Ladin...... (b) when a bill of exchange or other negotiable instrument has been received as conditional pay­ment, and  the condition on which it was received has not been fulfilled by reason of the dishonour of the instrument or otherwise. (2) In this Chapter, the term "seller" incl......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ..

Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9

Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)

....opposite-parties to show cause as to why the impugned proceedings of Special Case No.16 of 2008 arising out of ACC GR Case No.12 of 2008 corresponding to Ramna Model Police Station Case No.19 of 2008 dated 10-01-2008 under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004 read wit...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1.     ...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1.     ..

Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20

Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)

....business of the company shall be managed under the control and supervision of the Managing Director; that the petitioner has been appointed as Managing Director for a period of 5(five) years from the date of incorporation, as stated in Article 32, wherein it also has been mentioned that his rem......on in question. He next submits that the resolution in question, annexed as annexure-C to the petition, would show that the petitioner was released from his office of the Managing Director because of dishonour of 4 (for us) cheques issued by him in favour of the company, upon his admission in a meet......submits that the resolution in question, annexed as annexure-C to the petition, would show that the petitioner was released from his office of the Managing Director because of dishonour of 4 (for us) cheques issued by him in favour of the company, upon his admission in a meeting dated 5-9-2011 that ..

Category: Company Law | Date: 14 Oct, 2012 | Hits: 5

Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)

....ition under Order I, rule 10 for adding them as defendants in the original suit. The learned Munsiff, Debigonj, after hearing both the parties allowed the petition under Order I, rule 10 by his order dated 27-1-1987 and directed to amend the plaint by adding opposite-parties No.1-6 as defendants in ......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ..

Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3

Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)

....Appellants. Munsurul Haque Chowdhury, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For Respondent. Civil Appeal No.205 of 2007. (From the judgment and order dated 23rd February, 2005 passed by the High Court Division in Writ Petition No.1633 of 2003) J......llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ......llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ..

Category: Others | Date: 10 Oct, 2012 | Hits: 144

Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)

.....10007 of 2011. Judgment Md. Khurshid Alam Sarkar J.- The Rule was issued calling upon the respondents to show cause as to why a direction should not be issued to dispose of the application dated 8-2-2011 (Annexure-J) to mutate the names of the petitioners by opening a separate Khatian &nb......udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68.     ......udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68.     ..

Category: Property Law | Date: 8 Oct, 2012 | Hits: 8

Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)

..........................(14) A proceeding can not be quashed on the ground of pre-maturity of the cause of action, even if the petition of complaint was filed before the expiry of 30 days from the date of the cause of action.............(37) Cases Referred to- Sarwar Hossain Moni Vs. St...... 15. Coining back to the present case, it appears that the accused Nos.1 and 2 issued 4 cheques in favour of the complainant for pay up the outstanding dues. We have found that all the cheques were dishonoured for insuffi­cient fund. The complainant thereafter issued legal notice upon the accu.......................Opposite-Parties Judgment October 8, 2012. Result: The Rules are dis­charged. Legislative import and intent of enactment of law regarding bouncing of the cheque under the Negotiable Instruments Act, 1881 The purpose and object of enactment of law is..

Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21

Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)

....edure, this Rule was issued calling upon the opposite-parties to show cause as to why the impugned proceeding of Special Case No.12 of 2008 arising out of Gulshan Police Station Case No.47(9) of 2007 dated 16-9-2007 corresponding to ACC GR No.99 of 2007 under section 26(2) and 27(1) of the Anti-Corr......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ..

Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95

Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)

....nt No.1 (In Civil Appeal No.108 of 2008). None Represented—For Respondent Nos.2-4. (In Civil Appeal No.108 of 2008) Civil Appeal Nos.105-108 of 2008. (From the judgment and order dated 7-3-2007 passed by the High Court Division in Writ Petition Nos.5590 and 5539 of 2004). J......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ..

Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5

Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)

....that the Bank entered appearance in the suit oh 21-8-11 by filing Vokalatnama through its teamed Advocate and therefore no order of injunction was operative at the moment; certified copy of the order dated 18-8-2011 has been annexed as Annexure-C to the application; that the other grievance of the p......nt of the bodies to complete the process of IPO is hereby deleted, in con­sequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......nt of the bodies to complete the process of IPO is hereby deleted, in con­sequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ..

Category: Company Law | Date: 2 Oct, 2012 | Hits: 14

Nazrul Islam Vs. State, 2012, 41 CLC (HCD)

....e-Party. CriminaI Revision No.165 of 1998. Judgment AKM Shahidul Huq J. - This Rule was issued calling upon the opposite-parties to show cause as to why the impugned Judgment and order dated 18-9-1997 passed by the learned Addi­tional Sessions-Judge (3) Special Court, Dinajpur in ......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ..

Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8

Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)

....yeda Rabia Begum, Assistant Attorney-General—For the State. Criminal Appeal No.1326 of 2000. Judgment AKM Shahidul Huq J. - This appeal is directed against the judgment and order dated 23-5-2000 passed by the learned Special Tribunal No.3, Comilla in Special Tribunal Case No.186......f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ......f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ..

Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8

Kamal Vs. State, 2012, 41 CLC (HCD)

.... On an application under section 561A of the Code of Criminal Procedure and a rule was issued calling upon the opposite-party to show cause as to why the judgment and order of conviction and sentence dated 6-3-2008 passed by the learned Metropolitan Special Tribunal No.7, Dhaka in Special Tribunal C......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145.   ......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145.   ..

Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2

Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....h Tele­communication Regulatory Commission issued under the signature of Deputy Director, Legal and Licensing Division (Respondent No.4) vide Memo No.BTRC/LL/Mobile/License Renewal (382)/2011-688 dated 17-10-2011 (Annexure 'A') claiming Spectrum Assignment Fee based on Market Competition......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148.     ......ney has to be paid as it is, and while calculating VAT to pay the same at source, the petitioner will have to add to it 15% of the total demanded amount as VAT, withhold the same and deposit in the exchequer directly, otherwise it will go against the basic concept of VAT. 30. Mr. Reza submits s..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19

Government of Bangla­desh Vs. ATM Mannan and another, 2012, 41 CLC (AD)

.... instructed by Sufia Khatiun, Advocate-on-Record-For Respondent No.1. Md. Taufiq Hossain, Advocate-on-Record- Respondent No.2. Civil Appeal No. 99 of 2008. (From the judgment and order dated 23-8-2006 passed by the High Court Division in Writ Petition No.5426 of 2004). Judgment ......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..

Category: Property Law | Date: 8 Aug, 2012 | Hits: 84

Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)

....mon questions of law and fact, they are taken up together for hearing and disposed of by this single judgment. 2. In Writ Petition No.5073 of 2012, the petitioner challenges a decision and order dated 6-3-2012 passed by Review Panel-2, a quasi-judicial body constituted under Section 30(3) of th......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ..

Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10