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Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ......nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ...... withholding two annual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ..

Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7

Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)

.... default. Thereafter, an application was filed by the present petitioners on 05.01.2009, after about 6(six) months of the said order of dismissal for restoration of the appeal. The application was registered as A.A.T. Miscellaneous Case No.01 of 2009. By the impugned order, the Appellate Tribuna......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97.  ......n remand to it for hearing afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97.  ..

Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12

Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)

....stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......t manner the file was initiat­ed by the Government, and whether the relevant file was at all placed before the President; even if, the file was placed before the President then what mate­rials were posted for his consideration to give par­don and remit the sentence of the petitioner. Because of n......tate of UP, (1998) SCC 75; Shatapal Vs. State of Haryana, AIR 2000 (SC) 1702; Chand Vs. Crown, PLD 1956 (FC) 43 = 8 DLR (FC) 24; Gul Hassan Vs. State, 21 DLR (SC) 109; ACC Vs. Mahmud Hossain, 61 DLR (AD) 17; ACC Vs. ATM Nazimullah Chowdhury, 62 DLR (AD) 25; ACC Vs. Dr. HBM Iqbal, 15 BLC (AD) 44. ..

Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98

Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)

....chaser submitted non-judicial stamp with a prayer for an order for preparation of sale certificate and to register the same. The sale certificate was prepared and signed on 18-05-2005 and it was duly registered. On 26-06-2004, the decree-holder filed all the deeds and documents relating to the mortg......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ...... find any substance in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ..

Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151

Government of Bangladesh and oth­ers Vs. Md. Badal and another, 2012, 41 CLC (AD)

....e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......titioners and the other passenger, Abul Hossain arbitrarily acted in violation of the Baggage Rules." On 8-11-2001, the petitioners through their lawyer served a demand justice notice by guaranteed post upon the respondents requesting them to release their gold after taking necessary duties and ...... For the discussions made above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ..

Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20

Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)

....enior Assistant Judge, Begumgonj, Noakhali stating, inter alia, that the vendor respondent No.6 trans­ferred the case land measuring an area of 36 decimals to the pre-emptee-respondent Nos.2 to 5 by registered kabala dated 03.12.1998. That the pre-emptee-respondent Nos.2 to 5 were strangers to the ......eposited within 1 (one) month. The petitioners are permitted to pre­pare the paper book out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......ch case is to be deposited within 1 (one) month. The petitioners are permitted to pre­pare the paper book out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ..

Category: Property Law | Date: 15 Apr, 2012 | Hits: 149

Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)

....tarted paying rent as per the terms of the agreement and were possessing the suit premises. It is the plaintiff's further case, that he purchased the shares of his other brothers and sisters by 2 registered kabala deeds dated 2-12-1991 and 3-12-1992 and became absolute owner of the suit premises......;s case that he went to pay rent for the month of November 1991 on the 1st of December but the landlord (mother of the plaintiff) refused to accept rent and thereafter he transmitted the rent through post by money order. That money was returned back undelivered and thereafter he started depositing r......ent April 12, 2012. Result: The Rule is made absolute. Cases Referred to- Solaiman (Md.) Vs. Sufia Akhtar Alam being dead her heirs Nirjesa Rahamat-ullah and others, 49 DLR (AD) 288, para 10 and 11; Selina Begum Vs. Azimun Nessa, 6 BLC (AD) 115; Zaher Ahmed Vs. Manik Sardar..

Category: Property Law | Date: 12 Apr, 2012 | Hits: 6

Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)

....g the goods physically. At the same time, the customs authorities cannot sit over the matter and they have to act in the matter as detailed in bidhi 21 of the Bidhimala after the Bill of Entry is registered. In the instant case, when the customs authorities got a secret information that the goo....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ......merits in the appeal. Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ..

Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9

Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)

....tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ......shments and will not be ever considered for promotion for the said rea­son. It is stated that there are some Sub-Inspectors who were considered and were eventually given promotion to the next higher post despite having 3 or more black marks/major punishment. Under Regulation No.857 of the PRB, majo...... the concise statement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ..

Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120

Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)

....er the other sections of the Penal Code. 6. The Sessions Judge submitted the pro­ceedings of the case to the High Court Division under section 374 of the Code of Criminal Procedure which was registered as Death Reference No. 29 of 2002. The appellant filed Jail Appeal No. 425 of 2002 along ......sons and they all recognized them in the light of electric­ity. After the lodging of the FIR the police came, prepared the inquest report of the dead bodies and sent the dead bodies to morgue for post mortem, the dead bodies were buried after Asar prayer. Deceased Abdur Rakib was the “অ......mprisonment for 6(six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ..

Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2

Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)

.... Judge, Ramu, District Cox's Bazar allowed the application and added him as party in the suit contending inter alia that the submission of the plaintiff petitioners that when the deed in question was registered the added defendant was minor and he did not claim the property within 3 years from the d......d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......t find any valid reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ..

Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30

Md. Mazakat Ali Harun and Others Vs. Export Import Bank of Bangladesh Limited and Others, 2012, 41 CLC (AD)

.... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ......c) That in the 6th Annual General Meeting (to be held in 2005) the Board will be re-constituted in the light of the amended Bank Company Act (Section 15 KAKA) and it is agreed upon that the 3 (three) posts of Directors will be filled in by Al-Haj Md. Nurul Amin, Mr. Abdullah, Al-Zahir Sawpan and Mr.......gment April 9, 2012. Result: The leave petition is disposed of with instructions. Cases Referred to- Reazaul Karim (Md.) and others Vs. ABM Khalequzzaman and others, 62 DLR (AD) 411; Satish Chandra Banik Vs. Dhaka Jute Mills Ltd. PLD 1968 (Dac) 610=19 DLR 280; Ghiasuddin Ah..

Category: Company Law | Date: 9 Apr, 2012 | Hits: 223

Majad Hossain and another Vs. State, 2012, 41 CLC (AD)

....rate, Chittagong on 02.03.2008 and he was enlarged on bail. The case being triable by a Court of Sessions, the case records were sent to the Metropolitan Sessions Judge, Chittagong where the case was registered as Metropolitan Sessions Case No.411 of 2008. The learned Metropolitan Sessions Judge too......sed-petitioner submitted an application to the complainant-company for short term loan facility and a loan of TK. 15,00,000.00 was sanctioned to him. At the time of payment of the loan amount, 6(six) post-dated cheques were issued by the accused-petitioner in favour of the complainant-company as sec......…….. Respondents (In Criminal Petition No. 366 of 2010) Judgment April 8, 2012. Result: Both the petitions are dismissed. Case Referred to- Golam Sarwar Him Vs. State, 13 MLR (AD) 103 =14 BLC (AD) 26. Lawyers Involved: SK. Zulfiqur Bulbul Chowdhury, Advocate instructed ..

Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618

ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)

..... Secretary of Ministry of Commerce. The Committee submitted a report with certain recommendations to rehabilitate the sick gar­ments industries for restarting (চালুকরন). The Committee registered 270 sick garments industries along with the Company for rehabilitation. Mean­while, the ...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ...... 4, 2012. Result: The rule as well as the supple­mentary rule is discharged. Cases Referred to- Talekhal Progressive Fisherman Co-operative Society Ltd. Vs. Bangladesh, 1981 BLD (AD) 103; Chandpur Fisherman Co-operative Society Vs. Abdul Awal Bhuiyan, 1 BCR 8; Elite Lamps Ltd. V..

Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45

Rakibul Islam Vs. State, 2012, 41 CLC (HCD)

....d of dowry. Accordingly, the victim, on 25-8-2010, lodged the First Information Report (herein after referred as FIR) before the Officer-in-Charge of Rajpara, Police Station, Rajshahi, which has been registered as Rajpara Police Station Case No.33 dated 25-8-2010, under section 11(ga)/30 of the Nari......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......………………..............For the Opposite-Party Judgment April 3, 2012. Result: The appeal is allowed. Cases Referred to- Mizanul Islam @ Dablu Vs. State, 41 DLR (AD) 151; State Vs. Monu Miah, 54 DLR (AD) 60. Lawyers Involved: Md. Khurshid Alam Khan, Ad..

Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64

M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....Nessa Bibi and her name was recorded correctly in the C.S. Khatian. Thereafter, she transferred the said land to her 3 (three) brothers namely Sheikh Mozaffor, Sheikh Majom and Sheikh Kolomdi, vide a registered saff-kabala deed No.2884 dated 18.01.1914 and delivered possession thereon. Thereafter, S......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ..

Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113

Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)

....first class, Court No.2, Munshiganj against the petitioners alleging, inter alia, that he was a businessman and inventor of reinforced cement concrete pillar of a particular design. He got the design registered under the Patent and Design Act, 1991. The petitioners being businessmen of same trade pr...... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ...... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ..

Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218

Anti-Corruption Commi­ssion Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)

....this Miscellaneous Case has been filed by the Anti-Corruption Commission before this Court. 11. This case has a history as to that the oppo­site party No.1 Unipay To You, Bangladesh Ltd. was registered as Private Limited Company and started its business. After some days Bangladesh Bank by i......48(1)2011 is hereby quashed. The trial Court is directed to pro­ceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......48(1)2011 is hereby quashed. The trial Court is directed to pro­ceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ..

Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138

Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)

....nt to defen­dant Nos. 24 who claimed title therein. Hence, the suit. 4. The defendants contested the suit by filing a written statement stating that defendant No. 1 acquired the suit land by registered deed of gift dated 13-7-1970 and then sold it to defendant Nos. 2-4. The purchasers have ......ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ......e. Accordingly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ..

Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88

Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)

....hmed and one daughter Salema Khatun. P.S. khatian No.3345 was prepared in the name of the said heirs of Nabid Ali. On 10.07.1976 the said heirs of Nabid Ali sold the suit land to the plaintiff by two registered kabala and delivered possession of the suit land also in favour of the plaintiff. That th......the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ......ow has not taken into consideration that under section 2A of the State Acquisition and Tenancy Act the interest of the local authority has been kept outside of acquisition under the said Act (39 DLR (AD) page-16). III. Because the court of appeal below has not taken into consideration that und..

Category: Property Law | Date: 19 Mar, 2012 | Hits: 76