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Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)

....in before contained, acquit the accused, unless for some reason he thinks proper to adjourn the hearing of the case to some other day: Provided that, where the complainant is a public servant and his personal attendance is not required, the Magistrate may dispense with his attendance, and proceed wi......rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74.     ..

Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7

Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)

.... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ......vour of the defen­dant No.1, Azizul Islam, who also institut­ed Title Suit No.225 of 1983 renumbered as Title Suit No.89 of 1999 for declaration of title and recovery of khas possession of the suit property. The plaint case of the plaintiffs is the defence case in the other suit and vice versa. Ro..

Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119

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. ...... 2545 dated 22-1-1975 and 27-1-1975 transferred the suit land to plaintiffs. After purchase, plaintiffs mutafed their names and sold some land to some other persons. Defendant No.1-5 treated the suit property as enemy property, served notice for eviction, whereupon plaintiff filed Writ Petition No.5..

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

Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)

.... in relation to the petition­er Let a copy of the Judgment be sent to the con­cerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ......ed FIR on 22-5-2007 with Rajbari P.S. against three accused persons including the petitioner alleging, inter alia, that the petitioner is the Motwali of Khandaker Wakf Estate. She illegally sold some property of Wakf Estate and misappropriated the proceeds of the same. The informant filed an applica..

Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215

Industrial Promotion and Development of Bangladesh Limited (IPDC) and another Vs. Mrs. Mohsina Rahman and others, 2012, 41 CLC (AD)

....nt No.9, Brighton Hospital & Diagnostic Center (Pvt.) Ltd. for procure­ment of MRI machine for its diagnostic centre. According to the aforesaid offer, the writ respondent No.9 needed to have personal guarantee for the aforesaid loan facility. The writ petitioner thereupon gave personal guar......r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing. Ed. This Case is also Reported in: 9 ADC (2012) 865. ..

Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7

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

....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. ...... as defendants contested the said suit by filing a written statement. These defendants denied the material case of the plaintiff and stated, inter alia, that the plaintiff knowing fully that the suit property is an abandoned property prayed before the Ministry of Agriculture for release of the said ..

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

Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ......shall, without joining the Government which shall be a necessary party, file or proceed with any suit. (a) for the specific performance of any contract relating to the transfer of any immoveable property or for declaration of title to, or assertion of ownership of, any such property." ..

Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18

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:    ......eral meeting decided to amend its object clause to include a new clause, being sub-clause No. ........................... in the Memorandum of Association to facilitate the company to mortgage its property in order to secure any loan which may be availed by the company. 3. The learned Advoc..

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

Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)

....s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191  21 BLT (HCD) (2013) 39   ......d both as a weapon of offence or a shield of defence to all. Agreement or bainama unless converted to a registered sale deed it does not create any right, title, interest or title of the purchaser in property……(9) Cases Referred to- Fakhruddin Mia Vs. Mohammad Khodaboksh Shei..

Category: Property Law | Date: 23 Feb, 2012 | Hits: 6

Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)

....rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ......er gave reply to the legal notice but unfortunately the  Bank  in  the  meantime published a notice in the daily Ittefaq dated 11-7-2010 for sale of the petitioner's mortgaged property under section 12 of Artha Rin Adalat Ain 2003 (in short Ain). At this stage the petitioner ..

Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7

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

....f the Returning Officer taken on 4.12.2008 accepting the nomination paper of the appellant. 7. In respect of loan of the Sonali Bank and the relevant CIB report, his case is that he did not take any personal loan from the Sonali Bank; rather MAQ Enterprise Ltd., a public limited company, took some ......gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ..

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

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

....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. ...... any reference as to the Trade mark "PRAN FROOTO" is always makes a reference to the product manufactured and marketed by the petitioner under the aforesaid brand. The Trade mark "PRAN FROOTO" is the property of the petitioner. A total volume of sale of "PRAN FROOTO" mango juice is at Tk. 4376.70 mi..

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

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

....l and he is able to live with human digni­ty. The concept of social justice engrafted in the Constitution consists of diverse principles essentially for the orderly growth and develop­ment of personality of every citizen. Social jus­tice is thus an integral part of justice in the generic...... behind the plaintiffs and the defendants as his legal heirs' he has also left behind properties described in Schedule Ka, Kha, Ga and Gha of the plaint which includes land, building shop etc the property left behind by said Badsha Miah described in schedule Ka, Ga and Gha of the plaint has been..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

Human Rights and Peace for Bangladesh (HRPB) Vs. The Mayor, Dhaka City Corporation and others, 2012, 41 CLC (HCD)

...., stated that the Dhaka City Corporation is constructing shops in the place which was used as a car park. It was also reported that some interested group is working behind the move in order to get personal benefit. It was reported that traffic congestion is destined to multiply in and around Kar......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:..

Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ......lip;…….Respondents Judgment  February 1, 2012. Result: The appeal and the leave petition are dismissed. A mutawalli cannot grant lease of any part of waqf property in perpetuity with prior sanc­tion of the Administrator. The language used in this sect..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

Nawabgonj Govern­ment College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)

.... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ......7 and VP Lease Case No.1 of 1086, releasing 0.84 acre of land out of 3.44 acres of land appertaining to SA Khatian No.321, Plot No.509 of mouza Jotpratap, Police Station-Sadar from the list of vested property. 3. The writ petitioner's case as stated in the writ petition, in short was that 3..

Category: Property Law | Date: 23 Jan, 2012 | Hits: 90

Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)

....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......the share of defendant No.1 and the same was sold to the plaintiff. The learned Joint District Judge on consideration of sections 12(c) and 27 of the Specific Relief Act further held that even if the property under contract of sale is sold to a third party or remains in possession of the third party..

Category: Property Law | Date: 22 Jan, 2012 | Hits: 87

Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)

....t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179

Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)

....f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30.       ......not go behind the decree. So the execution court does not have any jurisdiction to take into consideration of any thing stated in preliminary decree……..(14) Whether the sale of the property once made absolute can be affected even if the decree is overturned- It is settle prin..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4

Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)

...., from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ...... suit land to him and never received any earnest money from the plaintiff and never executed any bainanama in favour of the plaintiff. That the suit land along with other properties was the ancestral property of the defendant and his brothers and they had been possessing the same in ejmali and that ..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118