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AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
....inuation of the suit and the appellate Court has similar power like that of the trial Court and the appellate Court in appropriate cases can obtain additional evidence including taking opinion of the handwriting expert to come to a correct decision. Such initiative of the appellate Court is within i......of the PWs. From the evidence of P.Ws.1, 2, 3 and 4, it appears that they did not stage anything about execution of the 'bainapatra' by defendant No.1 in their evidence. 17. What is important to note here is that execution consists in signing a document read out and understood and does not cons..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....the aforesaid provision it appears that the petitioner was entitled to file a revision to the Government against the order of the appellate authority within one month thereof. 12. In the case in hand the petitioner filed the application in the form of a revision on 29-12-2001 to respondent No.1......ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ..Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
....llip;......Respondents Judgment June 5, 2012. Result: The petition is dismissed. Cases Referred to- Canada Sugar Refining Co Vs. (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006. Lawyers Involved: Rafique-ul Huq, Senior Advocate (with Anisul Haq...... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....ondal @ Hashem, 59 DLR 72; State Vs. Secretary, Ministry of Home Affairs, Bangladesh Secretariat, 16 MLR 254; State Vs. Secretary, Ministry of Home Affairs, 19 BLT 376; Protap Singh Vs. State of Jharkhand and another, 2005(3) SCC 551; Jitendra Singh @ Babloo Singh and another Vs. State of UP (2010) ......ধারীত দন্ডে প্ররোচনাকারী বা সহায়তাকারী ব্যক্তি দন্ডনীয় হইবেন” It is significant to note that the conjunction 'or' has been used before the expression ‘অপরাধট..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....ful solution to the problems. But as the petitioner is required to purchase further equipments from the respondent No.1 it requested the respondent No.1 to apply the credit of U$S 14,500 lying in the hands of the respondent No.1 to enable to the petitioner to open the L/C for any amount in excess of......the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
.... of the plaintiffs, in short, is that there was a Niskor Lakhiraj in the name of Ram Raton Sur under Bhulua Zamindari within Tauzi No.5 of Noakhali Collectorate. The owner of the Niskor was Mohesh Chandra Narayan Chowdhury and subsequently Prasanna Narayan Chowdhury became owner of the Niskor by i......ence on record both oral and documentary came to a finding that the plaintiffs had been able to prove their title to and possession in 6.64 acre s of land out of the suit land. What is important to note here is that the appellate Court did not advert to the findings of the trial Court as regards t..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....hab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Bimal Chandra Sen.............................Appellant Vs. Md. Waliullah Chowdhury and others.............appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....rcha Vs. UOI, AIR 1984 SC. 412; Hefzur Rahman (Md.) Vs.Shamsun Nahar Begum, 51 DLR (AD)172; Bangladesh Vs. Chairman, Court of Settlement, 51 DLR (AD) 87; Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90;Khandakar Delwar Hossain Vs. Bangladesh Italian Marble Works Ltd, 2010 BLD (Spl) 1 = 62 DLR (AD) 298.......the impugned decision of the High Court Division in awarding a lump sum monitory compensation in each of these cases must be held to have been made without lawful authority) It is unfortunate to note with utter disgust that the learned Judges of the High Court Division have taken upon themselve..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....tating, inter alia, that it is false to say that the respondent is the absolute owner of the property in question on the basis of oral gift dated 14.03,2002 and possession of the said property was handed over to him. At no point of time, the father of added respondent No.6 was in possession of t...... prevail over the S.A. record. 14. From the order passed by the Full Board impugned in the writ petition, it does not appear that it considered the facts noticed by the High Court Division as noted hereinbefore. Mr. Mahbubey Alam could not also point out with reference to any provision of l..Category: Property Law | Date: 29 May, 2012 | Hits: 12
H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)
....espect of the L/C may anytime be encashed by the respondent No.1, the petitioner filed a further application praying for restraining the respondent No.1 from encashing the L/C amount now lying in the hand of the advising bank the respondent Nos. 3 and 4. 3. The learned Advocate Mr. J.K. Paul furt......ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ..Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....ion for the sold land or whether sold land is out side acquisition. The entire papers submitted by the Government stated that plaintiffs are in possession over the suit property. Court shall keep its hand off if the acquired land clear and definite but if acquisition and requisition process is runni......(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
S.M. Zahid Rezvi and others Vs. The Magura Pourashava and others, 2012, 41 CLC (HCD)
....development work. 8. Thus the order of stay passed at the time of issuance of the rule on 09.04.2012 is hereby recalled and vacated. 9. The petitioners are directed to vacated the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. ......ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16. ..Category: Constitutional Law | Date: 24 May, 2012 | Hits: 1
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....only teacher of Sociology in Secondary and Higher Secondary Level. 12. Ms. Israt Jahan, learned Assistant Attorney General appearing on behalf of the contesting respondent No. 3 has on the other hand, contended that the petitioner was appointed as 2nd teacher in the post of lecturer of Sociolog...... Accordingly, by dint of such status and by operation of clause 11(ঝ) of the Janobal Kathamo Nirdeshika, 2010 the institution itself is fully liable to pay his salary and other benefits. It is noted that the said respondent has nevertheless expressed regret and prayed for uncondition..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)
....davit. If the same is absent the application is not tenable under the law. We verily endorse the view taken in the said decision. We are in respectful agreement with the decision. In the case in hand, we have found that the application by which warrant of arrest was sought cannot be treate......ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ..Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....he Penal Code as well. This scurrilous disbelief towards all the institutions, investigating agencies, the ICT and the judiciary of this country in such a sweeping way is not acceptable. On the other hand, criminal liability does not lapse with the efflux of time. Therefore, this argument has no sub......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
.....M. Shamsul Huq, the learned Advocate appearing for the petitioner submits that in the verification of the alleged aposhnama the date and time is mentioned at 10.00 A.M. of 08.01.2011 on the other hand in the schedule of that aposhnama the date and time is mentioned at 10 A.M. of 09.01.2011 whi......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....at land the suit should have been decreed by the High Court Division in respect of SS plot No.3433. 9. Mr. Awlad Ali, learned Senior Advocate appearing on behalf of respondent No.4, on the other hand, supports the impugned judgment. He further submits that the plaintiffs failed to prove the dee......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....cy was served on the tenant, a suit for eviction is not maintainable." 10. Mr. AJ Mohammad Ali, with Mr. Farruk Rahman, Advocates appearing for the plaintiff-respondents, on the other hand, submits that, the trial Court did not make any error of law as the Court considered both the c...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....g, its operation is different from other Banks-the Board of the Bank, not the Government is the competent decision-making body. 14. Mr. Mahbubey Alam, learned Attorney General, on the other hand, supported the judgments of the High Court Division. According to the learned Attorney General,......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ..Category: Banking Law | Date: 5 May, 2012 | Hits: 220