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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......llip;…………. (20) A violation of the elementary principles of natural justice- 'Inaction' of the respondents manifested in not giving the petitioner's government portion of monthly salary or MPO is found to be without legal authority. The same also ref......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ..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...... Judge, Artha Rin Adalat No. 4 Dhaka and others.........Respondents Judgment May 15, 2012. Result: The Rule is made absolute. Cases Referred to- Golam Haider Kabir Vs. Government of Bangladesh 15 BLC 831; 55 DLD (AD) 31; 61 DLR 760; 33 DLR 12; 13 BLC 713; 15 MLR (AD) 9......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......llip Alston, Second Edition, Oxford University Press, Page-124]” 22. Secondly, crime against humanity is an antithesis of civilized existence of human race committed as a matter either of government policy or of a wide practice of atrocities tolerated or condoned by the governments o......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...... 19. From the facts that circumstances of the case, it has come to the light that the learned Magistrate Md. Abul Kalam Azad is the full brother of the complainant which facts has not been controverted by the opposite party No.2 complainant appearing in this case in spite of serving notice up......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
.... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
......ppellant Maisha Corporation (Pvt) Ltd and the respondent Bangabandhu Sheikh Mujib Medical University (herein after will be called claimant-company and BSMMU respectively) was started out of a dispute over the supply, acceptance, installation and commissioning of a Hospital Grade Laundry System (Wash...... a counter claim against the first party, which may be summarized as follows:—
Syndicate of the BSMMU is the highest body of the public institution dealing with the policy matter regarding management and operation. On 9-10-2004, Mr. Md. Shahiduzzaman, the then Member of Parliament (MP) of..
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...... Court rightly relied upon the report of the Advocate Commissioner notwithstanding the fact that he was not examined in the Court. 22. Admittedly the contesting defendants did not have any claim over suit plot No.3433. From the evidence on record it appears that the plaintiffs have homestead on......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......manently from Evicting by Challenging the Title- It is settled principle of law that tenant can file suit but that he can done after surrendering the suit premises to the plaintiff landlord. Moreover, at no point of time tenant has right to challenge the title of landlord. In the instant 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,...... (In both the cases) Judgment May 5, 2012. Result: The writ petition is dismissed. Cases Referred to- General Medical Council Vs. Spackman (1943) AC 644-645; Kanda Vs. Government of Malaya (1962) AC Privy Council, 322,337; Bibi Quamrunnessa Vs. Bandar Building Co. Ltd.......ight under the Grameen Bank Ordinance, it being not a public institution, the majority shares held by private citizens have the right to prevent usurpation of their statutory right with regard to the management and control of the Grameen Bank and to safe-guard their organisation; d) the petiti..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
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 authorit......ourt.………………….(34 & 38) The Court cannot direct the President how he is to exercise the power under Article 49 of the Constitution. Similarly, the Court also can not direct the Government how they exercise the power under section 401 of the Code of Criminal Procedure. But the a......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..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)
....er is allowed to possess the disputed land in which he was inducted into possession through the Adalat. 12. Mr. AM Aminuddin learned Advocate appearing on behalf of respondent No.6, on the other hand, supports the impugned judgment and order delivered by the High Court Division. 13. We hav.......2 herein Uttara Bank Limited, Munshigonj Branch, Munshigonj, as the plaintiff, instituted Artha Rin Suit No.05 of 1997 in the First Court of Subordinate Judge and Artha Rin Adalat, Munshigonj for recovery of loan amounting to Tk. 5,20,932 impleading M/s. Nasima Enterprise and others as the defendan......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)
.... rent receipts and other persons who witnessed the issuance of these rent receipts were not alive. The learned Counsel has argued also that the trial court should have sent these rent receipts to any hand writing expert for examination for the purpose of ascertaining their genuineness, but without......ese contesting defendants was that the suit land originally belonged to the defendant Nos.5 to 8 who left this country for India and became Indian Nationals and as such the suit land vested in the government as enemy property. That the assistant custodian of enemy property granted settlement o...... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ..Category: Property Law | Date: 16 Apr, 2012 | Hits: 72
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....der Order XL Rule 1 of the Code of Civil Procedure for appointment of receiver in respect of the suit land alleging that the plaintiffs-respondents are entitled to 91 bighas of land and, on the other hand, the defendants-petitioners and others are entitled to 182 bighas of land. But the defendants s......sold out lands by many deeds of sale numbering more than fifty exceeding their shares. The plaintiffs also stated that they could procure certified copies of four of such deeds only because of their poverty. 16. The learned Joint District Judge, First Court, Dinajpur, by his order dated 02.11.......ed Joint District Judge came to a finding that it could take long time for disposal of the suit because drawing up of final decree in a suit for partition usually would take long time and as such for management of the suit property, an Advocate Commissioner should be appointed as a receiver. 1..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....e case land and in the circumstances the trial court committed wrong and illegality in allowing the pre-emption of half of the land transferred in favour of this co-preemptor. 11. On the other hand Mr. Abdul Quiyum, the learned Senior advocate has argued to the effect that the High Court Divi......eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....hers and sisters by 2 registered kabala deeds dated 2-12-1991 and 3-12-1992 and became absolute owner of the suit premises. The defendant was verbally informed about his purchase and was requested to hand over vacant possession of the suit premises in his favour but in vain. Another premises named A......and sisters by 2 registered kabala deeds dated 2-12-1991 and 3-12-1992 and became absolute owner of the suit premises. The defendant was verbally informed about his purchase and was requested to hand over vacant possession of the suit premises in his favour but in vain. Another premises named Asma s......ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
....ng the impugned judgment and order and as such, the same is liable to be set-aside. 9. Mrs. Sufia Khatun, learned Advocate-on-Record, appearing for the writ-petitioner-respondent, on the other hand, submitted that the High Court Division did not commit any illegality in disposing of the Rule......sion challenging the inaction of writ-respondent Nos.1-3, appellant Nos.1-3, herein, in not releasing the goods imported by him relating to Letter of Credit (L/C) No. 0935-0901-0091 dated 4-3-2009 covered under Bill of Entry No.C-39276 dated 6-4-2009. 3. In the writ petition, the averments w....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....lant, Talebul, Mazibul, Nazrul, Monir dragged Abdur Rakib in the northern room and then the appellant shot him at his belly. Mazibul, Talebul and Nazrul chopped Rakib with Chinese axe at his legs and hands, Monir also chopped Rakib with dao. The accused on being sure about the death of Abdur Rakib w......, the FIR was lodged by P.W.1 claiming himself to be an eye witness. Although on the FIR, the name of the appellant and four others: Talebul, Mazibul, Monir Mia and Nazrul were mentioned, no specific overt act such as, shooting from the gun at the chest and the belly of deceased Rakib by the appel&s......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)
....e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ......) (2015) 135 ......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ..Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13
Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)
....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 party, has no basis. On the other hand, the learned Advocate for the respondents herein submitted that since the applicant was minor a......d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ..Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30
....9, 2012.
Result:
The leave petition is disposed of with instructions.
Cases Referred to-
Reazaul Karim (Md.) and others Vs. ABM Khalequzzaman and others, 62 DLR (AD) 411; Satish Chandra Banik Vs. Dhaka Jute Mills Ltd. PLD 1968 (Dac) 610=19 DLR 280; Ghiasuddin Ahmed Vs. Faruque (......n taken in the AGM of the Bank on 26.08.2008 as to agendum No.4 was as follows:
"Agenda No. 4: To elect Director.
The chairman informed the meeting that he had received an information over cell phone from Barrister Rokanuddin Mahmud that the High Court Division had a short while ago ......Mills Ltd. reported in PLD 1968 (Dac) 610=19 DLR 280 and Ghiasuddin Ahmed Vs. Faruque reported in (sic) DLR (AD) 296.
"49. It is true that the Company Bench cannot interfere in the internal management of the Company but in the instant case the previous AGMs could not transect(sic) on the i..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Result: The rule as well as the supplementary rule is discharged. Cases Referred to- Talekhal Progressive Fisherman Co-operative Society Ltd. Vs. Bangladesh, 1981 BLD (AD) 103; Chandpur Fisherman Co-operative Society Vs. Abdul Awal Bhuiyan, 1 BCR 8; Elite Lamps Ltd. Vs. Secreta......ies along with the Company for rehabilitation. Meanwhile, the Bank on 21-3-2001 instituted Title Suit No.69 of 2001 before the Artha Rin Adalat No.1, Dhaka (hereinafter stated as the Adalat) for recovery of loan amounting to Tk. 4,59,97,042 as stood on 31-1-2000 and interest therein till realizati...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
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