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Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....sfer by way of lease for a period exceeding 5 years with prior approval of the Administrator. The words and figure 'exceeding 5 years' are wide enough to infer to any period. There is no scope to read the word 'exceeding' in a narrower sense like 'otherwise than in perp......bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj GovernÂment College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
.... Government College represented by its Principal has preferred this civil petition for leave to appeal on the main contention that the High Court Division has erred in law in holding that there is no scope for a further review after disposal of the first review, that rule 3(3) of the Land Appeal Boa...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....non-consideration of any material evidence or the misconstruction of the documents particularly the agreements entered into between the developer company and the deceased defendant No.3, so we see no scope of interference with those findings of facts. 19. The High Court Division rejected the ob......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......iling which the Tribunal should proceed with the case in accordance with law. If the accused-petitioner is surrendered as per the direction of the Tribunal, the Tribunal shall consider the prayer for bail in accordance with law keeping the fact in mind that he was granted bail by the High Court Divi..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....nd whereas further the Order (Judgment) of the Appellate Tribunal has not touched on the evidence on record at all and has not taken into consideration the grounds of appeal the judgment, there is no scope in law for it to be treated in any manner as a judgment..................(19) Lawyers Inv......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....irector Policy Division, Bangladesh Bank stating as the petitioner failed to fulfill the yearly target of foreign currency transaction in terms of FE circular No. 03/2002 dated 19.2.2002 there was no scope to renew his Money Changer License as the transaction of foreign currency of the petitioner's ......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....ing to drag Md. Monir Hossain as party in the arbitration proceeding, even after closing of the evidence. He lastly submitted that according to the provisions of the Arbitration Act, 2001 there is no scope to add any one as Third Party in a proceeding at the instance of the Second Party, i.e. the de......of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....tion 138 of the Negotiable instruments Act, 1881 is not, at all, maintainable because "cross-cheque" or "account payee" cheque as has been mentioned in the compliant-petition does not come within the scope of section 138 of the Negotiable Instruments act, 1881 because in no way cross-cheque preserve......, 1881 and issued the process to secure the attendance of the accused-petitioner to face trial. Ultimately accused-petitionÂer made his appearance in all those cases, referred to above, and obtained bail, and filed all the MiscellaÂneous cases under section 561A of the Code of Criminal Procedure a..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
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. ......passed by the learned Magistrate after 29-6-1989 in the said GR Case are hereby quashed. (c) the proceeding of Special Case No.2- of 1993 is hereby quashed and (d) the accused petitioner on bail is discharged from his bail bond. Send a copy of this Judgment and order to the learn..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
.... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ......to GR No.56 of 2003 convicting the appellant under section 409 of the Penal Code is hereby set aside. Let the appellant be acquitted of the charge levelled against him and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. ..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
....isdiction under this section, though wide has to be exercised sparingly, carefully and with caution in a rarest of the rare case to do real and substantial justice for which Court exists. There is no scope to invoke the inherent jurisdiction under section 561A of the Code of Criminal Procedure where......
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.
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Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....ourt created under the Anti-Corruption Commission Act, 2004. Reference has been given to Tarique Rahman's case reported in 63 DLR(AD) 18. 9. At the very outset, let it be made clear that the scope for quashing a criminal proceeding is very limited. There is hardly any opportunity to see whe......eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
.... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ......d obtained the work order in his benami. Consequently, respondent No.1 filed the petition of complaint. 4. On 10-2-2008, the leave petitioner surrendered before the trial Court and obtained bail. After that, leave-petitioner filed an application for discharging him and learned Magistrate r..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....the signature of the respondent No.4 who once recommended the petitioner to allow her to join in service as it appears from Annexure-F. Now we can legitimately aspect that the respondents have got no scope to make any departure from the aforesaid recommendation of the respondent No.4. From those fac......ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
....n Ain, 2000 as the Tribunal had no jurisdiction to direct the investigatÂing officer or any other person to initiate such proÂceeding and such direction to the investigating offiÂcer is beyond the scope of section 17 of the Nari-o-Shishu Nirjatan Daman Ain, 2004. The learned Advocate further subm......ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Golam Ahmed Vs. State, 2011, 40 CLC (HCD)
....t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ...... of which the Tribunal took cognizance of an offence against him. The case was registered as Nari-o-Shishu Nirjatan Case No.40 of 2009. The accused-appellant appeared in that case and was released on bail. The he filed an application for disÂcharging him under section 265C of the Code of Criminal P..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
.... the Nari-o-Shishu Nirjatan Daman Ain. Moreover forensic report clearly proves the prima-facie case that the accused-petitioner is a biological father where mother is the victim. So there is a little scope to deny the sexual relationship of the accused-petitioner with the vicÂtim which clearly come...... Masud MahiÂuddin alias Masud accused Kalabagan P.S. case No.10 dated 24-9-2011 punishable under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended-2003) filed an application for bail under section 498 of the Code of Criminal Procedure where ad interim bail was granted and Rule ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....e the petitioner did not approach the High Court Division with clean hands, he is not entitled to get any relief under section 561A of the Code. 11. At the outset, we would like to dilate upon the scope of a proceeding under section 561A of the Code of Criminal Procedure. In the case of Abdul Qua....... It is not the claim of the prosecution that the petitioner surrendered or was arrested by the police during the trial of the case and at one point of time, he absconded by misusing the privilege of bail. In this context, Mr. Md. Khurshid Alam Khan argues that had the petitioner absconded by misusÂ..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....tion 420 and 406 of the Penal Code cannot be maintained and the proceeding are liable to be quashed. 16. In the case of Abdul Quadar Chowdhury Vs. State, 28 DLR (AD) 39 this court considered the scope of section 561A of the Code of Criminal Procedure and categories of cases for quashing before ......4-2009 without hearing the said application framed charge against the petitioner and two others. 8. The accused-petitioner was shown arrested in this case and thereafter on 18-5-2008 he obtained bail. 9. Mrs. Delwara Habib, the learned Advocate appearing for the accused-petitioner submits ..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
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