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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. ......ule are briefly stated below:- An Inspector of the Beauru of Anti Corruption (shortly Beauru), Dhaka lodged a First Information Report (shortly the FIR) on 20-12-1988. He alleged that, during the period from 5-10-1985 to 25-11-1985, the 11 accused-petitioners and others committed offences under ..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37

Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)

....btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......, 2012. Result: The rule is discharged. Arbitration Act being a special act, 30 days provi­sion is mandatory not directory. Any appeal or objection challenging the award if filed after the period of 30 days shall not be entertained…………………………………(6) Deposit of ..

Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316

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. ......thers…………Respondents Judgment March 3, 2012. Result: The appeal is disposed of with observation. Whether section 14 of the Limitation Act, 1908 is applicable in determining the period of limitation prescribed for any suit, appeal or application by any special law e.g. the Loca..

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

M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)

....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 present petitioner) and others as defendants for a decree of Tk. 1,17,00,000/- (Taka one crore seven­teen lacs) only and for further decree for statutory interest @ 5% above the bank rate for the period from the date of acci­dent to the date of realization. The defen­dant Sadharan Bima Corpora..

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)

....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.   ......acing serious financial difficulties and made several applications to the Bank for adjustment of his outstanding liability with the Bank in the year 2010. The Bank instead of giving and extending the period of the limit up to 30-12-2010 served a legal notice upon the petitioner through his lawyer da..

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

Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)

....nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......ion of the Government, court can not compel the Government to implement any such mere recommendations. Mr. Murad Reza has argued also that the writ petitioners, admittedly, were lessees for temporary period and according to the terms and con­ditions of the said temporary lease they can be evicted a..

Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156

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

....that Hazi Abdul Wazed, (the defen­dant) entered into an agreement on 26th January, 1997 for sale of the suit land at a consideration of Tk. 70,00,000/- and received Tk. 7,00,000/- as advance. It was stipulated in the agreement that after mutation of his land and payment of taxes, he would execute a......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

Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)

....dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73     ......rm the date of the suit to the date of the decree and then on the full amount which includes the amount claimed on the date of the suit and the interest thereon granted by the Court for the aforesaid period. Further, the section provides for award of interest on the aggregate sum till the date of re..

Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0

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. ...... of Sonali Bank Ltd. it is stated in the Inquiry Report that in Writ Petition No. 491 of 2007 the High Court Division passed an order on 22.01.2007 staying operation of the CIB report initially for a period of 3 months and subsequently extended from time to time and the extension was valid till 25.1..

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

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

....Tax Rules-1991("VAT Rules"). 9. Both Mr. Taposh and Mr. Mehedi stre­nuously argue on the MCF issue. They submit that while assigning the spectrum in 2008, the BTRC, in clear terms, stipulated that their would be no additional charges for the said assignment at the time of renewal ......rt of the said licences within the meaning of section 90 (3)(Ka) of the Telecom Act. Through such revalidation and amendments, licence fees and other charges were increased time to time. During above period, the Government and the BTRC assigned the following spectrums in favour of the Grameen Phone:..

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

Major General Amjad Khan Chowdhury (Retd.) Vs. Parle Agro Products Ltd. & another, 2012, 41 CLC (HCD)

....rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ......Advocate M Moazzam Hosain rest on the point that although the registered Trade mark No.31112 in Class -32 was existing in the register of Trade mark Registry but it has not been used for a continuous period of five years specially one month prior to filing the instant petition and there has been no ..

Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91

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. ......ame to the finding that challenging the noti­fication dated 28.02.2003, the petitioner filed the case before the Administrative Tribunal on 29.09.2004, that is, after long six months of statutory period of limitation as laid down in section 4(2) of the Administrative Tribunal Act, 1980. The Admi..

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

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.         ......ell as the High Court Division con­currently found that the appellant Mujibur Rahman inflicted the fatal injury which caused the death of the victim and sentenced him to death. Law prescribes the period of sentence for the commission of an offence punishable under section 302 of the Penal Code a..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6

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

....e for a term exceeding five years or permanent (as in the instant case) by section 56(1) of the Ordinance must be subject to fulfill­ment of the requirement of section 57 thereof. The section has stipulated 3 (three) obligations to be discharged by the Administrator of Waqfs before according san......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 transfer by way of lease for a period exceeding 5 years with prior approval of the Administrator. The words and figure 'ex..

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

Mosharref Hossain Vs. Governor, Bangladesh Bank and others, 2012, 41 CLC (AD)

....g the Rule. 3. The petitioner was a licensed currency dealer operating his business as a currency money changer under license issued by the Bangladesh Bank. The terms and conditions of the license stipulated that he would fol­low the directions given from time to time by way of circulars issued ......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ..

Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148

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

....d at Taka 690 per acre. On 27-7-1997 the appellant received the first installment of pay­ment but the dispute arose with regard to the quantum of works and consultancy fees. In the contract it is stipulated that in case of dispute which cannot be satisfactorily disposed of by mutual agreement be...... 29-12-1996, 29-1-1997, 24-4-1997 and 12-5-1997. The appellant also remind­ed the respondent that as per provisions of the agreement, the appellant was entitled to get payment of interest for the period during which the bills remained unpaid and requested the respondent to arrange payment of the..

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

Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)

....d of transaction like the instant case, the land owner first enters into an agreement with a developer company to undertake construc­tion   works on his land on the terms and conditions as stipulated therein and also gives a power of attorney to the developer to undertake all necessary st......n, on 5-2-2006, the plaintiff served a legal notice upon defendant No.2 and thus tried to inform him all facts in detail and also requested him to take necessary steps by 19-2-2006. Although the said period expired, defendant No.2 did not respond and hence the plaintiff filed the suit. In the meanti..

Category: Property Law | Date: 22 Jan, 2012 | Hits: 87

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: ...... be considered on written undertaking, that the concerned Money Changer would fulfill the target. This opportunity will be available to the concerned Money Changer for once during its entire business period. 4. The petitioner submitted an application on 14.10.2003 along with original Money Chan..

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

Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)

....- and 48,000/- in total Tk.4,33,300/- also from the plaintiff on different dates by making acknowledge­ment on the back page of bainanama. Thus the defendant received total Tk. 14,33,300/- out of stipulated consider­ation from the plaintiff. But the defendant subsequently denied to execute a......, from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118

Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)

.... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... of the facto as alleged by the petitioner and the respondents, the learned Advocate Mr. Masood R. Sobhan further argued that the cancellation of the project site by the Bangladesh Railway during the period of Care Taker Government of 2006-2008 was considered by the Arbitral Tribunal as illegal and ..

Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45