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Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Professor Muhammad Yunus..................Petitioner (In Civil Petition No.640 of 2011) Rahima Begum and others......................Petitioners (In Civil Petition No.641 of 2011) Vs. Banglad...... grounds taken in the writ petition challenging the legality of the impugned orders are based on issues relating to interpretation of law and where the construction of law is to be considered, a proper adjudication as required by all constitutions can not be done in a vacuum or without consider..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....ported in: 18 BLC (HCD) (2013) 285. ......11 passed by the learned District Judge, Dhaka in Arbitration Miscellaneous case No.477 of 2010 granting injunction restraining the second party/petitioners from making any construction over the suit property should not be set-aside and/or pass such other or further order or orders as to this Court ..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
....reme Court Appellate Division (Civil) Present: Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Govt. of Bangladesh and others ...........................Petitioners Vs. Md. Nurul Alam.......................... on the date fixed for hearing in allowing an application for restoration or setting aside an ex-parte order. But the Administrative Appellate Tribunal failed to consider the said sub rules in its proper perspective. In view of the language of sub-rule (7) of rule 6 of the Rules, 1982, prescribi..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
.... April 25, 2012. Result: The Rule is discharged. Jurisdiction of the Criminal Bench of the High Court Division in deciding Constitutional matters The Court cannot fold its hand in despair and declare 'judicial hands off'. So long as the question arises whether an authority...... be exercisable arbitrarily or mala fide and ordinarily, guideline for fair and equal execution are guarantors of the valid play of power and when the mode of power of exercising a valid power is improper or unreasonable, there is an abuse of power……………………………….(40) T..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)
....etition No. 429 of 2010) None represented—For the Respondent (For Civil Petition No. 640 of 2010) Civil Petition for Leave to Appeal Nos. 429 with 640 of 2010. (From the judgment and order dated 18.11.2009 passed by the High Court Division in Writ Petition No.7309 of 2006) ......unt, the decree-holder Bank on 31-01-2001 filed Artha Rin Execution Case No.02 of 2001. In the Execution case after completion of all legal formalities, notice was published for sale of the mortgaged property of the judgment debtor in auction but no bidder participated in the auction on 05-11-2003, ..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
.... Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Shamsul Huda J Government of Bangladesh and others........Appellants Vs. Md. Badal and another……………………………R...... case should be resolved there. If the party which initiated the case fail to prove the case, then the aggrieved person shall have the liberty to lay their claims e.g. on the seized gold before the proper authority under the relevant law. In such instances, the High Court Division should not ente..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)
....mmel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Abdul Gaffar and others..............................................Petitioners Vs. Sree Sree Radha Ma...... Secretary Mr. Padmakesh Deb and others praying for declaration of their title in the suit land and for permanent injunction and also for declaration that the settlement of the suit land as enemy property in favour of the defendant No.3 by the defendant No.2 was illegal. 4. The case of th..Category: Property Law | Date: 16 Apr, 2012 | Hits: 72
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....na & others..................Petitioners (In Civil Petition No. 94 of 2010) Md. Habibur Rahman & others ..........Petitioners (In Civil Petition No. 397 of 2010) Vs. Ayub Ali and others.........................................Respondents (In both the Cases) Judgment ...... Result: The petitions are disposed of. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XL, Rule 1 Appointment of receiver in a suit for partition It is not proper to appoint a receiver in a suit for partition. Mere existence of a dispute cannot be a groun..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Monsur Hossain (Md.)........................Petitioner Vs. Rahima Khatun and others…………………Opposite-Parties Judgment ......d by the Senior Assistant Judge, Sadar, Mymensingh in Small Cause Court Suit No.7 of 1996 should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the plaintiff of the suit is the pe..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
....General, instructed by Md. Zahirul Islam Advocate-on-Record—For the Appellants. Sufia Khatun, Advocate-on-Record—For Respondent. Civil Appeal No. 478 of 2009. (From the judgment and order dated the 7th day of May, 2009 passed by the High Court Division in Writ Petition No.2775......ricted item and made representations to the Commissioner of Customs, Customs House (Import), Chittagong on 12-4-2009 and 22-4-2009 for permission to melt the goods in his furnace in presence of the proper authority. He further submitted that the goods having been imported under mis-declaration an..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)
....on (Civil) Present: Surendra Kumar Sinha J Md. AWahhab Miah J Md. Imman Ali J Md. Shamsul Huda J Palash Barua & others ...............Petitioners Vs. Anil Kumar Barua and others............Respondents Judgment April 9, 2012. Result: The Petition is dismis......ed 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 date of attaining his majority and, as such, he cannot be added as ..Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30
....urt
Appellate Division
(Civil)
Present
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Muhammad Imman Ali J
Md. Mazakat Ali Harun and Others……………………….Petitioners
......
19. Accordingly, this leave petition is disposed of in the following terms:
(a) Respondent No.1, Exim Bank Ltd. is directed to call and hold 9th AGM afresh to transact Agenda No.4 by giving proper notice by 30th June, 2012 and then to call and hold 10th, 11th and 12th AGMs by 31st August, ..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....Ali J Md. Shamsul Huda J Majad Hossain…………………………Petitioners Vs. The State…………………….. Respondents (In Criminal Petition No. 364 of 2010) M.A. Hossain and Others…………Petitioners Vs. The State…………………….. Respondents (In Cri...... leave to appeal. 8. Mr. Sk Zulfiqur Bulbul Chowdhury, learned Counsel appearing for the petitioners in both leave petitions, has submitted that the High Court Division failed to appreciate in its proper perspective that the 6 (six) signed postdated blank cheques involved in the respective case..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ourt High Court Division (Special Original Jurisdiction) Present: Zinat Ara J JBM Hassan J ABC Attire Ltd………………….......Petitioner Vs. Bangladesh and others……………...Respondents Judgment April 4, 2012. Result: The rule......, the Bank filed Title Execution Case No.160 of 2003 and the execution case was disposed of by issuing a certificate under section 33(5) of the Ain for khas possession and right to sell the mortgaged property in favour of the Bank on 24-2-2008. Thereafter the Bank filed Title Execution Case No.132 o..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
.... J M/S. Talukder Chemicals Limited, represented by its Managing Director, Mozzamel Haque Talukder alias H.M. Talukder…..........Plaintiff-appellants Vs. Government of Bangladesh and others…………............Defendant-respondents Judgment April......li and Toyeb Ali as his heirs and they inherited the same. Kolom Miah got an area of 18 decimals of land in C.S. plot No.167 vide an amicable partition and Jobed Ali and Toyeb Ali got the rest of the property in their shaham. Thereafter, Kolom Miah transferred an area of 18 decimals of land in the C..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
.... Judgment Md. Reazul Haque J.- On an application under section 561A of the Code of Criminal Procedure, Rule was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 14-6-2011 passed by the Metropolitan Sessions Judge, Dhaka in Metro Criminal Revisio......1) 2011 under section ২(ট)(অ)/৪(২) of the Money Laundering Protirodh Ain, 2009 should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts of the case, in short, are that one Md. Towfiqul Islam, Assistant Director, An..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
....
Rokonuddin Mahmud, Senior Advocate with Mahbub Ali, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record—For Respondents.
Civil Appeal No.59 of 2011.
(From the judgment and order dated 23-11-2009 passed by the High Court Division in Writ Petition No.7625 of 2009).
......ourt Division but it did not refer and discuss them. It noticed the above judgment of this Division. Anyway, in presence of a judgment of this Division on the same subject matter, we feel it not proper to consider the other judgments of the High Court Division, if there be any.
6. In that ..
Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151
Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)
.... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Mokbul Hossain Mridha and others........................Appellants Vs. Md. Shamsul Haq Sarder and others..............espondent Nos.2-19, on the other hand, supports the impugned judgment and order. He further submits that the High Court Division has inherent jurisdiction to set aside its own judgment and order in a proper case and that the present case being an exceptional one the High Court Division exercised its..Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
.... ......ection 247 of the Code of Criminal Procedure has empowered the Magistrate to acquit the accused if the complainant fails to appear on the day of hearing of the case, unless for some reasons he thinks proper to adjourn the hearing of the case to some other day. ............ (11) Section 24..Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7
....zzaman Khan………………………….....Plaintiff-Appellant
Vs.
Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other …................Defendant-Respondents
Judgment
March 19, 2012.
Resu......slam and Mr. Saiful Islam and they were shown as the directors of the company on 30.03.2006. The defendant No.2 in collusion with defendant Nos. 3-6 created some false documents to misappropriate the properties of the Mill. The plaintiff’s post as Managing Director was shown vacant under secti..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
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