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Government of the People’s Republic of Bangladesh Vs. Orex Network Limited and others, 2012, 41 CLC (AD)

....al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs. Ed. This Case is also Reported in: ...... claim in the property. The so called gift is hit by the provision of clauses 20 and 21 of the leased deed. Recording of the names in the records of Ministry of Works was an act of collusion with the personnel of the Ministry. The gift alleged to have been made by Khawaja Md. Zarrar to his wife had ..

Category: Property Law | Date: 20 Jun, 2012 | Hits: 94

Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)

....exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148   ......er order or orders as this Court may seem fit and proper should not be passed. 2. The facts leading to the issuance of the Rule, in brief, is that the petitioner is a well-educated and qualified person to be recruited in the post of the Sub-Inspector of Police in Bangladesh Police Force. The pe..

Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3

Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)

....ended till 30th July,2012 or till publication of the election result in the offi­cial Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70.  ......nd out 500 cases whose names had been recorded in the voter list in more than one place. It has further been stat­ed that Article 10 of the Order of 1972 provides that the Bar Council shall admit persons as Advocates on its roll, to hold examinations for purposes of admission and to remove Advoc..

Category: Others | Date: 18 Jun, 2012 | Hits: 7

Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)

....ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ......ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ..

Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390

Secretary, Ministry of Land, People's Republic of Bangladesh and others Vs. Saiful Islam Chowdhury and others, 2012, 41 CLC (AD)

.... 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. ......ept also the contesting respondent's plea that the writ petition was not main­tainable since sub-section (4) of section 92 of the State Acquisitions and Tenancy Act has provided that the aggrieved person may file a suit before the civil court against any order under section 92(2) of the State A..

Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5

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

....urt Division in Writ Petition No.491 of 2007. After election, the Bangladesh Bank caused an inquiry by a Committee in response to a letter dated 02-03-2009 issued by the Election Com­mission. The Inquiry Committee found that a loan was given by the Uttara Bank, Narayanganj Branch to the company,......Returning Officer taken on 4-12-2008 accepting the nomination paper of the petitioner. 10. 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 l..

Category: Election Law | Date: 5 Jun, 2012 | Hits: 217

Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)

....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ...... when the death results from the act itself, or from consequences naturally or necessar­ily flowing from that act. Anything contributing to, or bringing about the effect is spoken of its cause. A person can be said to cause something to happen only if that thing would not have occurred at the ti..

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)

....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: ......ied to resolve many of the issues of the petitioners at their own cost and that is why the Preliminary acceptance certificate was issued on 30.6.2006 by the petitioner Mr. Saikat is not an authorized person to comment on the confirmation of the arrival of the goods. Nevertheless, such statement made..

Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61

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. ......e appearing for the added-respondent No.10 by filing an affidavit-in-opposition mainly contends that the petitioner has no locus standi to maintain the present application, for he is not an aggrieved person to challenge the impugned Memo dated 26-7-2010 (Annexure-A). Moreover, he goes to argue that ..

Category: Family Law | Date: 30 May, 2012 | Hits: 7

Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)

....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. ......eposition that a Taluk, namely, Ainuddin Miajee was mentioned in Exhibit 3. Ainuddin Miajee as stated in the written statement of defendant No.1 and Ainuddin Miajee as stated in Exhibit-3 is the same person. Exhibit-3 contains several Taluks and there is a mention of Taluk, Ainuddin Miajee and Omaru..

Category: Property Law | Date: 30 May, 2012 | Hits: 33

Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)

....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. ......ified the two judicial officers distinctly, that is/the District Judge and the "District Delegates", it must be presumed that the legislature was very much aware about the appointment of two distinct persons exercising the functions under the Act. We, therefore, cannot read one person in other, that..

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 ...... drawn under Article 102 of the Constitution. The vio­lation must be gross and its magnitude must be such as "to shock the conscience of the Court" and it would be gravely unjust to the person whose fundamental right was violated to require him to go to the civil court for claiming com..

Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5

Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)

....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. ...... been in possession thereof on payment of taxes regularly to the Government. Subsequently, Moqbul Ahmed, Syeed Ahmed and Khurshid Jahan, while in possession, sold 5(five) acres of land to different persons including writ-petitioner Nos.2 and 3 and they have been in possession thereof by mutating..

Category: Property Law | Date: 29 May, 2012 | Hits: 12

Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)

....(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. ......e they are in peaceful possession, thro­ugh their caretaker Amir Hossain, came to know on 25-10-2007 that some employees of Bangabandhu Sheikh Mujib Medical College, (BSMMU) along with some other person of District Administration are measuring the suit property and having come to know of the afo..

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.         ......essarily that the petitioner is the only teacher of Sociology in the Higher Secondary level. 18. The impugned action of the respondent No.3 leads this Court to opine that it is the duty of every person discharging the functions and duties of public office to pass orders in a clear language by s..

Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8

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   ......etition No. 1750 of 2012. Judgment Farid Ahmed J.— International Crimes (Tribunal) Act, 1973 was promulgated making provision for providing detention, prosecution or punishment of any person, who is a member of any armed or defence or auxiliary forces or who is a prisoner of war, for..

Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6

Maisha Corporation (Pvt.) Ltd Vs. Bangabandhu Sheikh Mujib Medical University (BSMMU) and others, 2012, 41 CLC (HCD)

.... 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.     ...... for which the tender was invited and the contract was made. That the tribunal has failed to consider that the Managing Director of the Tenderer namely, Maisha Corporation (Pvt) Ltd was an interested person in the matter, but he acted in dual capacity as a tenderer and Syndicate member of the purcha..

Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16

Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)

....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. ...... it is necessary to quote sub rule (2) of Rule 10 of Order XXVI of the Code of Civil Procedure as under: "(2) (Report and depositions to be evidence in suit. Commissioner may be examined in person.) The report of the Commissioner and the evidence taken by him (but not the evidence without ..

Category: Property Law | Date: 8 May, 2012 | Hits: 112

Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)

.... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99.     ......e property for their own accommodation as during cross-examina­tion, plaintiff No. 1 admitted the fact of having exe­cuted a registered baina on 1-2-2009 and not need­ing the property for personal accommodation any­more. Notice under section 106 of the Transfer of Property Act which ..

Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7

Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)

....ve observations. The parties would bear their respec­tive costs. Ed. This Case is also Reported in:  VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......een Bank Ordinance, 1983 (Ordinance No. XLVI/83), was promul­gated on 4th September, 1983 with a view to establishing a Grameen Bank for providing credit facilities and other services to landless persons in rural areas and other matters connected there with. Section 14 authorizes the Government ..

Category: Banking Law | Date: 5 May, 2012 | Hits: 220