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Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......yal by registered deed No.9571 dated 23-10-1948 sold their share to Horihor Chandra. The heirs of recorded tenant of CS and SA Khatian were in possession and while they were in peaceful possession by power of attorney to plaintiff, Arman Ali Sarker exchanged the entire land and by giving delivery of.....................Defendant-Respondents Judgment March 18, 2012. Result: The appeal is allowed. Cases Referred to- Abul Hossain Vs. Amjad Hossain, 62 PLR (AD) 436; Shishir Kanti Pal Vs. Nur Muhmmad, 55 DLR ......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
.... in relation to the petitionÂer Let a copy of the Judgment be sent to the conÂcerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ...... Rabeya Khanam……………………….Petitioner Vs. State………………………Opposite Parties Judgment March 15, 2012. Result: The Rule is made absolute. Inherent power of the High Court Division Both section 151 of the Code of Civil Procedure and section 561A...... Both section 151 of the Code of Civil Procedure and section 561A of the Code of Criminal Procedure possess the same formula describing the inherent power except that section 561A adds "or otherwise to secure the ends of justice". Neither secÂtion does invest the Court with any new power. The powe...... in relation to the petitionÂer Let a copy of the Judgment be sent to the conÂcerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
....as follows : —
5. (1) The Commission shall-
(a) assess the needs in the field of University education and formulate plans for the development of such education;
(b) determine the financial needs of the Universities;
(c) Receive funds from the Government and allocate and dis......es;
(h) advise the Government on proposals to grant the right to confer special degree-awarding status on college which may be considered suitable for such status; ,
(i) exercise such other powers and perform such other functions as may be conferred on it by any law or by the Government
......
Md. Harun-or-Rashid—For the Respondents No.8 & 9.
Writ Petition No.10913 of 2011.
Judgment
Md. Khurshid Alam Sarkar J. - This Rule has been calling upon the respondents to show cause as to why the impugned Memo No.UGC/Admin/paboishwa/402(Tadanto)/08/8 200 dated 25-10-2......gy University be allowed to continue with their regular studies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
..
Category: Others | Date: 14 Mar, 2012 | Hits: 5
....e writ respondent No.7 received the fresh personal guarantee but the latter did not release the personal guarantee.
3. Thereafter on 1st April, 2004 the writ respondent No.7 offered another financial facility to the writ respondent No.9 of Tk.4.00 crore and it availed of the aforesaid......r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing.
Ed.
This Case is also Reported in: 9 ADC (2012) 865.
......ioners.
Qumrul Haque Siddique, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1.
Not represented-For Respondent Nos.2-8.
Civil Petition for Leave to Appeal No.1520 of 2011
(From the judgment and order dated 15.3.2011 passed by the High Cour......r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing.
Ed.
This Case is also Reported in: 9 ADC (2012) 865.
..
Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
.... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ......ces of fine suo moto in the absence of filing revision petitions by the complainant. The petitioner was convicted in the cases pursuant to complaints made by the complainant. Section 417A empowers the complainant to prefer appeal to the appellate Court against the sentence on the grou......llip;………………….......Respondent (In at the cases) Judgment March 12, 2012. Result: The petitions are disposed of. Case Referred to- Ramashraya Chakrabarty Vs. State of MP AIR 1976 SC 392. Lawyers Involved: Chowdhu...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....d in Annexure-A, willfully to use this practice to favour other passengers of their choice, who are not even included in the Warrant of Precedence, by which many Biman officials are being benefited financially. This sort of illegal practice leads to offences like corruption and money laundering....... of the luggage, from time to time, in all the airports in order to stop illegal earning from the luggage. iv) to organize on line ticket booking system by the Biman. v) to form a high power committee to monitor all purchase and expenditure of the Biman and empower the said committee......r Rahman, advocates-for the respondent No.2. Writ Petition No.10027 of 2011. Judgment Mirza Hussain Haider J. - The petitioner obtained this Rule Nisi calling upon the respondents to show cause as to why the decision to automatically upgrade the high profile state dignitaries, s...... 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: ..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)
.... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ......te the company to mortgage its property in order to secure any loan which may be availed by the company. 3. The learned Advocate Mr. Mohammad Hedayet Hossain, further submits that the general power to borrow by the company was already provided in the memorandum of association under object s......is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ...... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ..Category: Company Law | Date: 4 Mar, 2012 | Hits: 28
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......t the said benefit of absorption……………………(20) Lawyers Involved: K.M. Hafizul Alam, Advocate - For the Petitioner Nos.2, 3 and 6. Shafiul Basher Bhandery, Deputy Attorney-General - For the State. Khurshid Alam Khan, Advocate - For the ACC. Crimin......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......¦â€¦â€¦â€¦â€¦â€¦â€¦..Opposite-Party Judgment March 4, 2012. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A Inherent power of the High Court Division The inherent power of the High Court Division as mentioned under......nherent power of the High Court Division as mentioned under section 561A of the Code can be exercised only for either of the three purposes specifically menÂtioned in the section which are, firstly, to give effect of any order under the code, secondly, to prevent abuse of the process of the Court a......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......the case by their respective evidence. The learned Judge rightly passed the judgment and order of conviction and sentence. There is nothing to interfere with by this Court in exercise of its inherent power under section 561A of the Code. 14. We have considered the submissions of learned Assista......ite Party Judgment February 29, 2012. Result: The Rule is made absolute. Lawyers Involved: No one appears - For the Petitioner. Mrs. Syeda Rabia Begum, Assistant Attorney General- For the Opposite Party. Criminal Miscellaneous Case No.10245 of 2005. Judg......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
....hort, was that the plaintiff was a private limited company incorporated on 31st December, 1987 and had been carryÂing on fish processing and exporting busiÂness since 1988 at huge expenses with the financial help of M/S. Janata Bank. That the plaintiff insured their plaint and factory machineries ......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......he Petitioner (In both the cases). Mahmudul Islam, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record —For Respondent No.1 (In both the cases). Civil Petition for Leave to Appeal Nos.1588 and 1589 of 2009. (From the judgment and order dated 18.03.2009 passed by th......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
....gement initially allowed loan as revolving L/C limit upto Taka 5 crore and trust receipt facility upto Taka 4½ crore. 3. However, under the circumstances the petitioner was facing serious financial difficulties and made several applications to the Bank for adjustment of his outstanding l......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. .............Petitioner Vs. Secretary, Ministry of Law and others............Respondents Judgment February 23, 2012. Result: The Rule is discharged. Cases Referred to- Haji MA Razzaque Vs. Bangladesh Bank and another, writ petition No.9231 of 2010. Lawye......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)
....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. ......ult: This petition is disposed of. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 107 Section 107 of the Code of Civil Procedure enjoins the appellate Court all or any of the powers conferred on a trial Court. The powers of the High Court Division sitting on appeal under sec......Court all or any of the powers conferred on a trial Court. The powers of the High Court Division sitting on appeal under section 107 are the same as that of the trial Court. This power has been given to the appellate Court with a view to minimize the harassÂment of the parties to the litigation and......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
....anee who has taken small loan for agricultural purposes, has defaulted in repaying before from the day of submission of nomination paper any loan or an installment thereof taken by him from a bank or financial institution;
(m) is a director of a company or a partner of a firm who has defaulted in r......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.
......rdingly 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.
......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.
..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
......e MCF for 2008 assignment) as this is the mandate of Rule 18(ঙ) of the VAT Rules, 1991.
6. BTRC, on the other hand, contends that the Guidelines having been issued in exercise of the statutory powers conferred on it and the Government under the provisions of the Telecom Act, it has legal forc......iginal Jurisdiction)
Present:
Farid Ahmed J
Sheikh Hassan Arif J
Grameen Phone Ltd...............................Petitioner
Vs.
Bangladesh Telecommunication Regulatory Commission (BTRC) and others……...............Respondents
Judgment
......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
..
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. ......the original 2nd proviso and as a result, the 2nd proviso was relegated to the 3rd proviso. The 1st proviso, in essence, provides that where there is a higher administrative authority having the power to set aside, vary or modify an order, decision or action to be challenged before the Administ......cretary, Ministry of Agriculture and others..........................................Respondents Judgment February 9, 2012. Result: The Petition is dismissed. Cases Referred to- Canada Sugar Refining Co Vs. R (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 100......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. ..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. ......e rather the situation unmistakably manifested that the compromise placed before this Court was obtained by duress upon exerting undue influence upon the respondents but having left with no power of resistance to such aggression upon their legitimate right of inheritance over the property ......mp; Others……………….....Respondents Judgment February 7, 2012. Result: The appeal is disposed of with Directions. Cases Referred to- Harjinder Singh Vs. Punjab State Warehousing Corporation CDG Law Journal 210 (SC) 462; Ramo......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. ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
....can be treated as a public interest litigation, and the
necessity of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:......can be treated as a public interest litigation, and the
necessity of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:......ents
Judgment
February 2, 2012.
Result:
The rule is hence made absolute.
Lawyers involved:
Manzill Murshid, Advocate-for the Petitioner
ABM Altaf Hossain, Deputy Attorney General with Ms. Ydhida Zaman, Assistant Attorney General-for
the Respondents
Writ Peti......can be treated as a public interest litigation, and the
necessity of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:..
Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......version of the Conviction There is no scope on the part of the High Court Division to alter the conviction of the appellant The High Court Division is expected to be careful while exercising its power on the question of conversion of the conviction of any accused. Since the state has taken no e......... ………............................Respondents (In both cases) Judgment February 1, 2012. Result: The appeal is dismissed commuting the sentence of death to imprisonment for life. Conversion of the Conviction There is no scope on the part of th......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
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. ......uch transfer previous sanction of the Administrator of Waqfs must be accorded and without such sanction transfer so made shall not be valid. So far as the lease is concerned, the mutawalli has been empowered to lease out any immovable properly of a waqf up to 5 years, and beyond that only with the p......ry 1, 2012. Result: The appeal and the leave petition are dismissed. A mutawalli cannot grant lease of any part of waqf property in perpetuity with prior sanction of the Administrator. The language used in this section is so explicit that the mutawalli can exercise the right of t......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
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