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Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ality of a notice under section 5 (1) of the Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 (Ordinance 24 of 1970) When a suit is pending between the parties, wherein an order of temporary injunction restraining the Government and its allottee is sti......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
.... upon him/her. This is because of the fact that the spouse was presumed to be in the company of the victim unless it is proved otherwise secondÂly in such type of incident, it is difficult on the part of the prosecution to lead direct evidence to prove the charge; and the inmates of the house w......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....inistration of criminal justice, the initial onus to prove the charge of death of a victim is upon the prosecution. As regards the initial burden, the views expressed by the High Court Division are partially correct. It held, "If the prosecution has failed in discharging its burden of proving the...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135....... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....gbazar, after passing engineering from Calcutta University in 1950 worked as site Engineer for 2(two) years under Messrs Bridge and Roof Company, India and then migrated to Dhaka and joined C&B Department in 1951 as an Assistant Engineer under the then Government of Pakistan. While serving in C&......riginal lease deed by RAJUK, the original chalans by which installments were paid against the plot, the original letter of delivery of possession of the suit plot, the rent receipts showing payment of rents, mutation with the City Corporation and payment of tax, the lease agreements w......rporation. The plaintiffs' father constructed a building measuring 8,000 square feet in every floor (storey has not been mentioned) on the suit plot by obtaining a plan from RAJUK and taking loan from the-House Building Finance Corporation by mortgaging the suit plot with it on 17-5-1967. E..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....as such, the Court had no legal authority to give such direction…......(7) Lawyers Involved: Md. Ali Khan, Advocate-For the Petitioner Md. Ali Zinah, Advocate—For Opposite-party No.1. Zahirul Hoque Zahir, Deputy Attorney General with Md. Jashim Uddin, Assistant Attor......f the rule are that the opposite party No.1 complainant filed the Criminal Case under section 138 of the Negotiable Instruments Act, 1881 alleging that the accused-petitioner issued a cheque for payment of Taka 2, 25,000 in favour of the complainant-opposite-party to clear the dues. The cheque ......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ..Category: Others | Date: 11 Nov, 2012 | Hits: 8
....ip;.....Petitioners
Vs.
Assistant General Manager, Principal Office, Sonali Bank, Barisal of Bagura Road, Barisal City, District-Barisal and others……..................Opposite parties
Judgment
November 8, 2012.
Result:
The Rule is discharged.
Cases Re......ees) Service Regulations, 1981 the competent authority may terminate the service of confirmed employee or call upon him to resume without assigning any reason by giving him three months notice, or on payment of three months pay in lieu of such notice and the employee shall not be entitled to any for......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....efendant Nos. 1-5/7-12 by filing joint written statement denying all the material averments of the plaint. Subsequently, the suit was decreed on contest against the defendant Nos.1-5/7-12 and ex-parte against the rest. The respondent-bank then put the decree into execution in execution Case No.......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......Branch on 20-5-2007 as plaintiff filed a suit before the Joint district Judge and Artha Rin Adalat, Bhola (hereinafter referred to as Adalat) against the petitioner and others for realization of loan money of Tk. 4,52,49,912 by selling mortgaged properties. The case was contested by the defenda..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
.... Mr. Md. Saidul Haq and that the accused Ashraf Hossain only signed on the papers to purchase the Jeep and that the price of the Jeep was paid by Mr. Mozaffar Hossain, the Senior Cashier of Finance Department of Orion Group, and as such accused Ashraf Hossain has committed offence by misusing his po......ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....hey refer the case of Alkas Mia and others Vs. State 25 DLR-398 held: "Witness- Non-examination of witness who is considered important-Presumption. Non-examination of independent witnesses, particularly some of the neighbours, raises a presumption against prosecution to the effect that had......digonj, District Barisal aged about 30/32 years, before 7/8 years went to village North Char Ramani Mohon, of Police Station and District Lakshmipur for employment as agricultural worker on the daily payment basis. He used to reside there as a domestic son-in-law of Abdul Jalil Bandukshi (P.W.4) aft......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
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....gment Md. Abdul Wahhab Miah J.- Although these two leave petitions have been filed against the separate judgments and orders passed by the High Court Division in two separate writ petitions, the parties being the same and the facts giving rise to these petitions being overlapped, they have been......f 1972 for realization of outstanding loan to the tune of taka 2, 06, 27,235·00 from the petitioners. Eventually, the said miscellaneous case was converted into Artha Rin Suit No.43 of 2003 on payment of court fees. The suit was decreed ex-parte on 10.11.2003. Execution Case No.190 of 2004 wa......97 in the Court of the then Subordinate Judge (now Joint District Judge) and Artha Rin Adalat, Khulna under the provisions of the President’s Order No.129 of 1972 for realization of outstanding loan to the tune of taka 2, 06, 27,235·00 from the petitioners. Eventually, the said miscella..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....Custom Assessment Papers including freight pre-paid bill of lading duly endorsed by the bank, the respondents did not deliver the goods to the petitioner. It is asserted that the respondents, in particular respondent Nos.6 and 7, cannot operate and function without interaction amongst each othe......ng No.S00005367 dated 29-4-2010 (Annexure-F). 5. Mr. Ariff argues that in the instant shipment the freight stands prepaid. Given that there is no dispute that, the beneficiary bank duly received payment against freight along with consideration for wheat, the bank on receipt of full payment rele......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
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....Moinul Islam Chowdhury J.- At the instance of defendant-respondent-petitioners, Government of Bangladesh, represented by the Deputy Commissioner, Dhaka, this Rule was issued calling upon the opposite party to show cause as to why the judgment and decree complained of in the petition moved in Court t......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....and endorsed by the Executive Engineer, Roads and Highways, Road Division, Gopalgonj in his Memo dated 23.11.2002. 8. We have considered the submissions of the learned Counsel appearing for the parties concerned and perused the impugned judgment of the High Court Division and other connected p......y its letter dated 06.11.2002 communicated the aforesaid resolution adopted in A.D.P. 2002-2003 meeting held on 30.09.2002 staying all the sub-projects except sub-project Nos.1-8 and also staying the payment of money. 3. Being aggrieved, the writ petitioner (respondent herein) filed the Writ P......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)
....anj for specific performance of contract. It appears that though it has been contended that the said suit was decreed on contest but, from Annexure-A to the writ petition it appears that it was an ex parte decree. It further appears that Annexure-A to the writ petition is a judgment and order, being......nd non-resident property and, thereby, mutate their names in separate Jote Joma, but the respondents refrained from dealing with the petitioner’s matter and, finally, having failed to mutate on payment of rent and taxes for the suit land, the petitioners issued a notice demanding justice to re......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
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....o a statute cannot be isolated from the statute, particularly, when the same is appended pursuant to the provisions of the statute, here section 3(1) of the Act, 1957, so it must be treated as a part of the statute. In interpreting the words/ expression or a terminology used in a particular sec...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
.... And Criminal Miscellaneous Case No.4985 of 2009. Judgment Md. Nazrul Islam Talukder J. - These Rules, at the instance of two accused-petitioners, were issued calling upon the opposite-parties to show cause as to why the impugned proceedings of CR Case No.121 (Kotwali Zone) of 20......7; but the said cheques were again dis-honoured and returned unpaid for insufficient fund. Subsequently, after bouncing of the cheqties, the complainant issued a legal notice upon accused Nos.1-3 for payment of cheque-amount; but they did not pay any heed to the demand of the complainant. On 21......the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....llaneous Case No.21084 of 2011. Judgment Khondker Musa Khaled J.- On an application under section 561A of the Code of Criminal Procedure, 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......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)
....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. ......to issue any sale certificate of the mortgaged property in favour of a judgment-debtor. Order XXI, rule 83(1) provided for postponement of the sale for enabling the judgment-debtor to raise money for payment of the total amount by way of mortgage or lease or private sale of the property with th......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)
....dated 5-5-2010, which the board of directors is duty bound to follow. Hence there was no illegality in resolving to increase the paid up capital through IPO and there was no intentional laches on the part of the Bank in holding the 13th AGM on the date it was scheduled to be held. In this circumstan......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
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....rt of his contentions he refers the case of Muslimuddin Vs. State 38 DLR (AD) 311 held: — "Accused presumed to be innocent of the charge till guilt is established by legal evidence No particular number of witnesses legally required to prove the offence. The fundamental prin......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
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