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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. ......ng the recording of the suit land in the name of the predecessor of the defendants hut the said objection was subsequently withdrawn and the case was rejected. That the plaintiff has no right, title, interest and possession in the suit land. These defendants have been possessing the suit land for mo..

Category: Property Law | Date: 9 Jan, 2012 | Hits: 98

Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......uiring the respondent to continue to foot overseas medical bills of the Hon’ble S.C Judges. The petitioner seeks to bring this application by invoking Article 102 of the Constitution as a public interest litigation in order to protect the right to life, which is the duty of the petitioner as a..

Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12

Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)

....per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......he law in order to ensure speedy trial in the case of certain serious offences and as such the intention of the legislature is for the benefit of citizens of the country, including the accused, whose interest is served best by the speedy conclusion of the trial. Moreover, from the facts of the insta..

Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92

Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)

....udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ......er for investigation shall make an order stopping fur­ther investigation into offence unless the officer making the investigation satisfies the magis­trate that for special reasons and in the interest of justice the continuation of the investigation beyond the specified period is necessary i..

Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80

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. ...... and delivered possession of this land to her and the said executed kabala deed was registered in accordance with law in the year 1990 and as such the judgment debtor-defendant No.2 had no subsisting interest in this "B" schedule land at the time of mortgaging the same in favour of decree holder ban..

Category: Property Law | Date: 15 Dec, 2011 | Hits: 81

Moulana Motiur Rahman Nizami and another Vs. Anti-Corruption Commission and another, 2011, 40 CLC (HCD)

.... Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 1. ......rk order in favour of CMC consortium ignoring the recommendation of the Chairman, Petro Bangla which prima facie stands in favour of giving pecuniary advantage to other person at the cost of national interest. 25. Now we are to examine whether the sanction as required by section 32 of the Anti-..

Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96

Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)

....ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once.   Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ......s Suit No.61 of 2008 over the selfsame property has been filed by applicant petitioner against the plain­tiff defendant No.1 and 2 of this instant suit. It is further stated that petitioners have interest in the suit property as certain portion of land was gifted to them by original owner of the..

Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4

Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)

.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ......voked where some other remedy is available. The jurisdiction given by section 561A is nei­ther an alternative jurisdiction nor an additional jurisdiction but it is a jurisdiction preserved in the interest of justice to redress grievances for which no other procedure is available or has been prov..

Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9

Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)

....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......tempt to get his name mutated in respect of suit land but it was found that the names of defendant Nos.1 and 2 had already been recorded in respect of the suit land although they had no right, title, interest or possession therein and upon query the defendant No.3 disclosed for the first time that t..

Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7

Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)

....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......asonable or legitimate in the context is a question of fact in each case. (3) The legitimate expectation has to be determined not according to the claimant's perception but in larger pub­lic interest wherein other more impor­tant considerations may outweigh what would otherwise have been ..

Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18

Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ......, not only, in the history of Bangladesh but also the history of this subcontinent. 4. The petitioners also seek to bring this application by invoking Article 102 of the Constitution as public interest litigation in order to enforce necessary steps against the people who are liable for illeg..

Category: Property Law | Date: 26 Oct, 2011 | Hits: 23

Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....; Ed.                    This Case is also Reported in: 18 BLC (HCD) (2013) 470.   ......…..Opposite Parties Judgment October 19, 2011. Result: The Rule is made absolute. The land in question is not a khas land and the revenue department does not have any interest. The claim of the government has become functus officio. The government took tax from the s..

Category: Property Law | Date: 19 Oct, 2011 | Hits: 4

Elite Lamps Ltd. Vs. Government of Bangla­desh and others, 2011, 40 CLC (HCD)

....ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......ties of its borrowers. ……………………….(11) The decision of the Bank, if any, is unilateral, the Bank has the competence to take its decision and by the same token has for the best interest of the Bank right not to implement it and give it a go by. Mere communication of the deciÂ..

Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7

Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)

....tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......nst a transferee who is a bonafide purchaser without notice to the original contract. Similarly, he is not entitled to a decree for specific performance against a person who has acquired right or interest in respect of the same property prior to the con­tract...............................(15) ..

Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11

KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)

....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......he Memo dated 24-4-2011 issued by the CPTU in view of Rule 59 of the said Rules was not binding on the BTRC as it issued a certificate on the 2nd May, 2011 under Rule 59(3) certifying that for public interest they had to continue with the procurement process. In addition, it contends that one of the..

Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20

Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)

.... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ...... said four annas share of those landlords were put in auction for arrear of rents and the said superior landlords themselves auction pur­chased the same. Subsequently Abdul Gafur, the predecessor-in-interest of the plaintiffs took pattan of the said four annas share of Khatian No.59 from the said l..

Category: Property Law | Date: 24 Jul, 2011 | Hits: 71

Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned broth­er, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ...... docket is on the rise. Over and above, due to this reason of filing cases in different jurisdic­tions, we find no uniformity in the judgments on the point of quashment of proceedings and for the interest of justice, this point should be addressed in order to avoid conflicting opin­ions. ..

Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39

Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)

.... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ......tion Case No.340 of 2005 and got delivery of possession through the process of the Court. The High Court Division in the backdrop of the matter held that the plaintiff could not claim any right or interest in the suit property since the disputed property in question was sold in auction in favour..

Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7

M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)

.... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ...... Vs. 1. M. T. SCEPTRE Flying the Flag of Panama now lying at Chittagong Port, Chittagong 2. Master of the Vessel M.T. SCEPTRE now lying at Chittagong Port, Chittagong 3. Owners and parties interested in M. T. SCEPTRE now lying at Chittagong Port, Chittagong 4. Rainbow Shipping Line, Sa..

Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61

Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)

....rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......itioner, as plaintiff, in Civil Revision No.4490 of 1995, is that, suit land originally belongs to Abdul Jabbar and Mohammad Ismail, co-sharers and was recorded as such in RS khatian. Ismail sold his interest of the suit land to Abdul Jabbar. Abdul Jabbar was in possession, became owner of the entir..

Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44