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.... of abandoned property each by the Additional Deputy
Commissioner (Revenue), Sylhet on 05.08.1963 for a period of 25 years for the
purpose of cultivation of fruits, vegetables and orange orchard by registered
deed of lease. That in the lease deed there was an option of renewal of lease
for a fur......
view of the above, 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) 832.
......maintainable.
In
view of the above, 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) 832.
..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....5. The learned Sessions Judge submitted the proceedings of the Sessions case to the High Court Division under section 374 of the Code for confirmation of the death sentence and the reference was registered as Death Reference No.44 of 2002. The appellants also filed Criminal Appeal No.2967 of 20......in the registration card and the certificate issued from the school. Therefore, he could not rely upon the documents produced by the petitioner." 80. Sub-section (2) of section 66 also postulates that an order or judgment of the Court shall not be invalidated by any subsequent pr...... with Criminal Appeal No.2967 of 2002 (criminal appeal was dismissed) is set aside. Cases Referred to- Joginder Singh Vs. State of Punjab, AIR 1979 SC 1876; Bimal Das Vs. the State, 14 BLD (AD) 218; Abdul Munem Chowdhury @ Momen Vs. State, 47 DLR (AD) 96; Abdul Munem Chowdhury @ Momen Vs. ..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....c. who are maintaining very healthy relationship with its existing clients and the respondent No. 1. The respondents did not receive any legal notice and the petitioner failed to attach a copy of the registered A/D slip with the arbitration application. Also serving a legal notice is not appropriate......the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
.... represented by its Managing Director, established a factory for manufacturing Float Glass by using silica sand, the main raw material, as available in the country. The petitioner company being a VAT registered entity, as per the requirement of rule 3(1) of the Value Added Tax Rules 1991, (Rules) su...... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
......etitioner can invoke the writ jurisdiction when an alternative remedy lies against the same under sub Rule 7 of Rule 3 of the Rules. In reply Mr. Hannan has referred to a judgment reported in 40 DLR (AD) 206 in the case of MA Hai, Md. WazedAli Miah & Md. Moslem Vs. Trading Corporation of Banglad..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
.... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ......it to the Ministry concerned for final selection. In the present case, the Advisory Committee in it's meeting dated 9-12-2009 (Annexure-Q) though found the petitioner qualified for the respective post but had excluded the name of 3 (three) other candidates finding, inter-alia, that panel of 3 (t......d-interim order of stay and till one year he has been working as Nikah Registrar………….....(15) Cases Referred to- Syed Mohammad Salem Azam Vs. Bangladesh, 47 DLR (AD) 39. Lawyers Involved: ZH Bhuiyan, Advocate—For the Petitioner. Abdul Hoque,..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....died leaving behind his son, Sultan Ahmed and Fazlul Haque who became owners of the suit land. Sultan Ahmed and Fazlul Haque sold their shares, that is, 6.64 acre s of land to defendant No.1 by two registered deeds of sale dated 3-12-1957 and delivered possession thereof to him. After purchase of ......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ...... the appeal. Accordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
.... the Third Court of Sub-ordinate Judge, Dhaka on the claim that her grandfather Harendra Kumar Sen bequeathed his property situated at 30, Birendera Bose Street, Dhaka in her favour by virtue of an unregistered Will dated 22-3-1969. The Will was probated on 25-5-1986. The appellant herein filed an a......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ......Md. Waliullah Chowdhury and others.......Respondents Judgment May 30, 2012. Result: The appeal is allowed. Cases Referred to- Sree Paresh Chandra Dey Gupta Vs. Abul Hossain, 33 DLR (AD) 254; Shubra Nandi Majumder Vs. Begum Mahmuda Khatun, 1990 BLD (AD) 84=42 DLR (AD) 133; Abdul Jal..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......in .February and June, 1996. In all these cases he was released on bail. It is because of this fact that the detenue was arrested under section 54 on 30-8-1999 and to remove the detenue from the post of Chairman, and to pre-vent or obstruct the detenue in arranging his defence in the aforesaid ......orney-General of Guyana 1971 AC 97;Simpson Vs. Attorney-General (Baigent's Case) 1994 NZLR 667; Bandhua Mukti Morcha Vs. UOI, AIR 1984 SC. 412; Hefzur Rahman (Md.) Vs.Shamsun Nahar Begum, 51 DLR (AD)172; Bangladesh Vs. Chairman, Court of Settlement, 51 DLR (AD) 87; Bangladesh Vs. Sheikh Hasina, ..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....er (Land) dated 08.10.1989 Against the said order of the Chairman, Land Appeal Board, writ-respondent No.6, Abdus Sattar Chowdhury, filed a review application before the Land Appeal Board which was registered as Case No.3-108/95(Review)-Dhaka. The case was disposed of by the Full Board of the La......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ...... legal infirmity in the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....ah Bahadur, who became owner of the suit property by inheritance, made heba-bil-ewaj of the suit property along with other land on taking Quran Sharif and a Diamond Ring, to his wife, Ayesha Begum by registered heba-bil-ewaj deed No.1070 dated 30-3-1939. While Ayesha Begum was in possession of the a......(six) months 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) 182. ......MU) & others………Defendant Respondents Judgment May 27, 2012 Result: The appeal is allowed. Cases Referred to- Nur Muhammad Vs. Mainuddin, 39 DLR (AD); Abul Khair (Md.) Vs. Pubali Bank Ltd, 53 DLR (AD) 62; Bangladesh Shilpa Rin Sangstha Vs. Rahman..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ...... by a public authority and in the facts and circumstance also involves a violation of the elementary principles of natural justice. In the instant case, the petitioner is the only teacher in the post of Sociology in the Higher Secondary Level of the Alaipur (Degree) College. Therefore, he is le......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ndent No.5) did not respond or reply to the application of the petitioner dated 4-1-2009. Thereafter, the petitioner served demand justice notice (Annexure-F to the writ petition) on 1-2-2010 through registered post requesting them to receive rent from the petitioner but without any result. Finding ...... did not respond or reply to the application of the petitioner dated 4-1-2009. Thereafter, the petitioner served demand justice notice (Annexure-F to the writ petition) on 1-2-2010 through registered post requesting them to receive rent from the petitioner but without any result. Finding no alternat......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ..Category: Others | Date: 22 May, 2012 | Hits: 9
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ......international law took place. Therefore the maxim "nul-lum crimen sine lege" (no punishment of crime without a pre-existing law) has no application since the charter did not create any post facto law. Professor Hans Kelsen (a jurist & legal philosopher) wrote: "The ......p; Result: The Writ Petition is rejected summarily Constitution of Bangladesh, 1972; Article 102(2) Case Referred to- Kazi Mukhlesur Rahman Vs. Bangladesh (Bern Bari) 26 DLR (AD) 44; Dr. Mohiuddin Farooque Vs. Bangladesh, Ministry of Irrigation, 49 DLR (AD) 1. Lawyers I..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......the accused Shahidul Islam for arranging service abroad but the accused did not send him abroad or did not return money. In the meantime on 24.04.2009, the complainant got an interview card for the post of Assistant Sub-Inspector of Food and the complainant further alleged that the accused again...... DLR page 105; Abdul Rouf (Md.) alias Nayan Vs. State and another, 53 DLR (HC) Page 283; Abdul Mannan Sarker (Md.) Vs. The State and others, 53 DLR (HC) 565; State Vs. Md. Nasim and others, 57 DLR (AD) page-114; Nazrul Islam Vs The State, 13 MLR Page-185 AD; Abdul Huque and others Vs. The State,..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
....the aforesaid Award dated 21-6-2009 passed by the Arbitral Tribunal, the 2nd party (BSMMU) preferred an application under section 42 of the Arbitration Act/2001 for setting-aside the Award, which was registered as Arbitration Miscellaneous Case No. 543 of 2009 in the Court of the learned District Ju...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)
....ecause of misunderstanding, the seller-respondent No.3, Rai Mohan Das (full brother of the pre-emptor) without serving any notice upon the pre-emptor transferred the case land to the pre-emptees by a registered deed of sale dated 05.06.2002. The pre-emptees are strangers to the case holding. After o......l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ...... earlier shall continue till disposal of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ..Category: Property Law | Date: 10 May, 2012 | Hits: 7
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....sing the land as a tenant under them on payment of rent since 1941. Subsequently, Rashid Ali purchased the entire second schedule land from Ranjit Kumar Kar and others for valuable consideration by a registered deed of sale dated 28th Magh, 1359 BS corresponding to 11-2-1953. Rashid Ali, being ......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ...... is allowed in part and the suit is decreed in part. Cases Referred to- Bahadur Ali Sk. Vs. Azgar Ali Munshi, 20 DLR 74; Abdus Sattar Vs. Lalon Mazar Sharif and Seba Sadan Committee 56 DLR (AD) 180; State of UP Vs. Smt. Ram Sri, AIR 1976 Allahabad 121. Lawyers Involved: Mahbubey ..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....s permanently.....……………… (45) Agreement for lease is void under section 23 of the Contract Act when its object is not lawful and that it having not been registered is unenforceable and also inadmissible in evidence.………(36) ......9; the property as bona fide requirement. Learned Advocate lastly submit that trial Court did not make any error of law in concluding that the notice was duly served as it was send by registered post at the registered address of the defendant as such, as per provision of section 27 of the Gener......wful and that it having not been registered is unenforceable and also inadmissible in evidence.………(36) Cases Referred to- PK Chakraborty Vs. AP Chowdhury 1981 BLD (AD) 19 = 1981 BCR (AD) 41; Primal Ramjan Das Vs. Nasima Khatun 49 DLR (AD) 144 = 1997 MLR 112; Ramja..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....the making of the impugned orders. Therefore, we find no merit in the contention of the learned counsel. 46. In General Medical Council case (1943 AC 644), the question involved was "if any registered medical practitioner shall be convicted in England or Ireland of any felony or misde......e High Court Division acted illegally in rejecting their petition in-liminc, inasmuch as, they filed the writ petition in their personal capacity and even though they have no personal interest in the post of Managing Director, they have the right to prevent the interference in the internal affairs o......alised Banks and Financial Institutions and providing other related facilities and benefits, the relevant portion is reproduced below: "GOVERNMENT OF THE PEOPLE'S REPUBLIC OF1 BANGLADESH MINISTRY OF FINANCE IMPLEMENTATION DIVISION No. MF (ID) V/N (A)-16/78/1199 ..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
.... That opposite-party herein as petitioner filed an application under section 12 of the Arbitration Act, 2001 for appointment of Arbitrator in the Court of learned District Judge, Dhaka which was registered as Arbitration Miscellaneous Case No.477 of 2010. The case of the 1st Party before t......py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ......e remedy prescribed by the special law must be in exclusion of the one available under the general law. ......... (18) Cases Referred to- Md. Hossain Ali Sarker Vs. Md. Mobarak Ali, 38 DLR (AD) 17; Managing Director, Rupali Bank Ltd Vs. Tafazal Hossain, 44 DLR (AD) 260. Lawyers Involv..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
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