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Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ...... exercising its discretion, passed an order, as contained in Annexure-A to the writ petition, “to upgrade only the Hon’ble Ministers and the Members of Parliament, along with their family only, holding Economy Class tickets to the Executive Class without any additional charge at the checking ..

Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17

Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)

....n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......n and the opposite party No.2 secured the second position and the petitioner secured the third position. The result of election was published in the official gazette on 2nd February, 2009. That after holding of the election, the petitioner came to know that the opposite party No.1 was a guarantor fo..

Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208

Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)

....ther case of the prose­cution is that, the accused persons at the instance of Golam Mawla and Nurul Islam, at a secret meeting at night, made a plan, with a view to take forcible pos­session of the disputed boundary and also construct a wall. The accused per­sons with the common object trespassed...... by the condemned prisoner was dis­missed commuting his sentence of death to imprisonment for life; the criminal appeal preferred by convict appellant Saiful Islam alias Babu was dismissed thereby upholding his conviction and sentence under section 302/109 of the Penal Code; the criminal appeal pre..

Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78

Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)

....s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191  21 BLT (HCD) (2013) 39   ......plaintiffs instituted the suit in the benami of defendant No.3 as such, the suit is liable to be dismissed with cost. Learned Assistant Judge by judgment and decree dated 31-6-1995 dismissed the suit holding that the exchange deed dated 7-3-1987 was acted upon and baina upon which the exchange deed ..

Category: Property Law | Date: 23 Feb, 2012 | Hits: 6

Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)

....rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ..

Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7

Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)

....inion for ends of justice, the High Court Division may obtain such opinion for the purpose of effectually and completely adjudicate upon and settle all questions involved in the suit. It can send the disputed signatures appearing in the deed of agreement with the admitted signatures of the defendant......is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ..

Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147

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

....gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ......finding of the High Court Division this Division held as under: “In view of the facts and position of law mentioned by us we are of the view that the High Court Division committed error of law in holding that the writ respondent NO.7 (appellant) is a bank defaulter. We are rather of the view tha..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Grameen Phone Ltd Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) and others, 2012, 41 CLC (HCD)

....s. In 2006, namely on 27-4-2006, further Revalidation Order was issued revalidating the radio system operating licence vide Annexures-F and F1 to the writ petition. 18. In 2008, BTRC granted the disputed spectrum of 7.4 band in 1800 MHz vide Assign­ment Letter dated 30-10-02008 (Annexure-G)......eposit VAT after collecting the same from the service or facility recipient. Now, still it is the service or facility recipient who pays the VAT, but pays the same directly to the exchequer after withholding the same at source. Thus, the basic concept or scheme of VAT has not been changed. Rule 18(U..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15

Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......grade and as such, the petitioner was compelled to file the ease before the Administrative Tribunal. 3. The Administrative Tribunal No.3, Dhaka, by its decision dated 24.01.2008 allowed the case holding that the petitioner was entitled to selection grade and accord­ingly, he is entitled to ..

Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ...... ascertainment of their respective shares on the final disposal of the parti­tion suit. The receiver be also directed to maintain possession of the part of the property where the par­ties are holding for their respective dwelling pur­poses but the remaining properties which are being hel..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....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.   ......arities, it should be interpreted by applying the princi­ple of 'noscitur a sociis' or on the analogy of 'ejusdem generis' principle. 12. The Supreme Court accepted the claim holding that there is no reason why rationally logical restriction should not be placed in the provi..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)

....se offence. In taking this view we lend support from the case of Salma Khatun Vs. The State 38 DLR page 348. In the case of Habibur Rahman Mollah Vs. The State the apex court of our country held that disputed facts can only be decided on evidence at the trial the High Court Division while exercising......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ..

Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11

MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)

....Rahman, Department of Urban and Regional Planning, Bangladesh University of Engineer­ing and Technology (BUET) was appointed by the appellant to act as their arbitrator for reso­lution of the disputed claim as per provisions of the contract. The appellant requested the respondent to nominate......k several adjournments and lastly sub­mitted written objection on 28-3-2000. The learned Joint District Judge, 5th Court, Dhaka upon hearing the parties rejected the written objection on 7-5-2000 holding that the same is barred by Article 158 of the Limitation Act and also for failing to deposit..

Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7

Nawabgonj Govern­ment College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)

.... 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. ...... suit by filing written statement. The learned Subordinate Judge, on consideration of evi­dence adduced by both the parties, decreed the suit on contest by the judgment and decree dated 29-5-1981 holding that Jitendra Nath Saha was a citizen of Bangladesh and declaring his title in all the sched..

Category: Property Law | Date: 23 Jan, 2012 | Hits: 90

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     ......g any material whatsoever from the evidence on record or from the judgments of the Courts below that the petitioner was below 16 years at the time of framing charge against him vis-a vis, at the time holding trial." 13. On perusal of the above reported Case it appears to us that our Appell..

Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2

Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)

....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: ......illegal since there was a violation of Natural Justice and the Appellate Division upheld the decision. But section 3 (2) (iii) Foreign Exchange Regulatory Act does not contemplate such requirement of holding any inquiry on giving any prior notice for taking any decision. 22. In the case in hand..

Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179

Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)

....of Order No.165 dated 19-3-2008 being related to the same auction sale in between the same parties are taken up together and this judgment would governed both these appeals. 2. The facts are not disputed City Bank Ltd obtained decree against Mobarak Re-rolling Mills Ltd. on 6-11-1993 and prelim......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30.       ..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4

Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)

....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     ......unir Hossain, both sons of Late Hazi Abdul Awal as First Party, on the other part Reya Builders and Engineers Ltd. a Developer Company as Second Party, for construction of a multi-storied building in holding No. 8/2 Paribagh, Shahbagh, Dhaka. 3. As per terms of the aforesaid contract the constr..

Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7

SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)

....tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ......avit be formed part of the main application. 2. At the instance of the petitioner Messrs SS Enterprise, this Rule Nisi was issued calling upon the respondents to show cause as to why the illegal holding over the goods covered under LC No.135211010074 dated 20-7-2011 and Bill of Entry No.112274 ..

Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102

Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)

....heard both the leave petitions, granted leave to consider (i) whether the High Court Division acted illegally in not considering the fact that the petitioner had paid full consideration money for the disputed property before the contract was terminated on 29.07.1996 and also paid an amount of Tk.28,......ppeals were heard analogously by a Division Bench of the High Court Division which by the impugned judgment and decree dated 07.07.2004 reversed the decision of the trial Court, allowing both appeals holding that the termination notice dated 29.07.1996 of the plaintiff, which was the subject matter ..

Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077