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Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)

....om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......eets of Dhaka City clean and clear for passage and use of the public and passerby...." is still in force. 17. It is now well settled principle that unless final order is passed in a matter, person interested in the matter or persons apprehensive or being affected by the act of functionarie..

Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2

Swadhin Chandra Mandal and others Vs. Bangladesh University Grants Commission (UGC), 2012, 41 CLC (HCD)

....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. ......ucation in Animal Husbandry course is being pressed by the citizens of the country, particularly the people working in production of animals, in the context of the increasing demands of the qualified persons in that field and, at this juncture, the Bangladesh Veterinary Association (hereinafter refe..

Category: Others | Date: 14 Mar, 2012 | Hits: 5

Assistant Horticulturist, Agriculture Extension Division, Crop Section Vs. M. A. Sattar Bhuiyan, 2012, 41 CLC (AD)

....d dis­posal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ......nting trees and growing crops thereon. Thus the plaintiff and his predecessors the C.S. recorded tenant have been possessing the suit land for more than 50 years. Thai the defendant No.1 being greedy person demanded bribe from the plaintiff on dif­ferent pretext and being refused the defendant No.1..

Category: Property Law | Date: 12 Mar, 2012 | Hits: 94

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: ......the statute that created Biman and further to show cause as to why they should not be directed to stop all Biman officials/employees, including those on board, from upgrading their chosen non- VIP persons without considering the cases of the dignitaries as described in the Warrant of Precedence ..

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

Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e) year 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) 219. ......torily explained its non-appearance when the suit was decreed against Government. 6. President's Order No.142 of 1972 after amendment incorporated section 6 which is as:— "No person shall, without joining the Government which shall be a necessary party, file or proceed with ..

Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18

Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)

....al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ...... status of the 11 accused petitioners and b) whether the signature on the third nomination letter was a forgery…....................(24) The IO failed to examine sufficiently the relevant persons and documents pertaining to the principle legal issues of the case prior to submitting his i..

Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9

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:    ......e, the whole or any part of or any interest in the business goodwill, property, contracts, agreements, right privileges, effects and liabilities of any other company/corporation, partnership, body, person or persons carrying on or possessing property suitable for the purpose of the company and u..

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. ......ter appears to have been sent individually to the 11 accused-petitioners. 17. According to the definition of the expres­sion "public servant" as provided in section 2(C) of the Ordinance, 1985, a person becomes surplus when his post is abolished. So the decision of aboli­tion of the post of an ..

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. ......rule section 33 of the Arbitration Act required to be consider which is as follows: "33. Arbitration agreement or award to be contested by application- Any party to an arbitration agreement or any person claiming under him desiring to challenge the existence or valid­ity of an arbitration agreem..

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

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. ...... 26-03-1993 lodged an ejahar with the Rajbari PS alleging, inter alia, that his younger brother Alauddin Mondal has a shop of spare parts of cycle rickshaw near at Rajbari Fish Market and the accused persons along with 3/4 unknown persons demand Taka 5,000 as subscription and threatened that he woul..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117

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. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦(10) Lawyers Involved: S.N. Goswami, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Appellant. Md. Kamal Hossain alias Md. Kalam Hossain (in person)-For Respondent No.1.                       Not Represented-For Res..

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

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:......rom Ranjit Kumar Das (P.W.1). He along with his two friends namely, Kanai Pal (P.W.4) and Shahin rushed to the house of occurrence and saw the victim lying on the ground with abrasive injuries on her person. On inquiry she disclosed that the petitioner had demanded dowry of Taka 50,000/- (fifty thou..

Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168

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   ......eed was made in favour of defendant No.1 by defendant No.2. Defendant No.3 took Taka 43,000 for selling 80 decimals of land to Tasiruddin and started dilly-dally and sold the said land to a different person. In fact plaintiffs instituted the suit in the benami of defendant No.3 as such, the suit is ..

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

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

....gh Court Division in Writ Petition No.491 of 2007. After election, the Bangladesh Bank caused an inquiry by a Committee in response to a letter dated 02.03.2009 issued by the Election Commission. The Inquiry Committee found that a loan was given by the Uttara Bank, Narayanganj Branch to the company,......f the Returning Officer taken on 4.12.2008 accepting the nomination paper of the appellant. 7. In respect of loan of the Sonali Bank and the relevant CIB report, his case is that he did not take any personal loan from the Sonali Bank; rather MAQ Enterprise Ltd., a public limited company, took some ..

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

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

....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. ......spectrum has not been increased, BTRC has not even violated any terms of the said Assignment Letter. 12. As regards VAT, Mr. Hossain, submits that the VAT scheme under the VAT Act made different persons liable for collection and deposit of vat at different stages of transactions. Therefore, lia..

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. ......he country where protection is claimed which may be imported by the nationals of countries of the union and under no circumstances the Trade mark registration of any party can be cancelled unless the person concerned is not justified in action. There being no Provisions in the Trade Mark Act 2009 fo..

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

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. ......tice which is not fettered by any chain and shackles in order to do justice for the down trodden in the society. Under this conception the Courts may award appropriate relief to rehabili­tate the person in distress in proper social spectrum. 16. To substance his submission Mr. Farooqui refe..

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

Human Rights and Peace for Bangladesh (HRPB) Vs. The Mayor, Dhaka City Corporation and others, 2012, 41 CLC (HCD)

....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:......tion is engaged in promoting and defending human rights and standings by the victims of human rights violations. It also works to protect environment and the healthcare of the citizens. 3. The person that represents the petitioner in this case is himself a practicing lawyer of this Hon’ble..

Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15

Abdur Razzak Vs. State, 2012, 41 CLC (HCD)

.... as security, some fake gold pieces measuring 13 tola 15 Anna with the Ramna Branch of Sonali Bank, Dhaka and obtained a loan of Taka 18,000. Later on the impu­rity of the gold was detected by an Inquiry Committee with the help of a gold tester named Alauddin. Thus the accused-petitioner and the......dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ..

Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134

Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)

....e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......n against both the appellants. The final report annexed with the application for stay shows that the victim-informant was a maid-servant at the house of appellant No.2. Both the appellants are police personnel. It is very unusual that a maid-servant would dare to file a false case against her master..

Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169