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Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
....sent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Md. Nurul Islam Khan and others...................Petitioner (In both the cases) Vs. Azizul Islam and others.........vour of the defendant No.1, Azizul Islam, who also instituted Title Suit No.225 of 1983 renumbered as Title Suit No.89 of 1999 for declaration of title and recovery of khas possession of the suit property. The plaint case of the plaintiffs is the defence case in the other suit and vice versa. Ro..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....) (2013) 124. ...... 2545 dated 22-1-1975 and 27-1-1975 transferred the suit land to plaintiffs. After purchase, plaintiffs mutafed their names and sold some land to some other persons. Defendant No.1-5 treated the suit property as enemy property, served notice for eviction, whereupon plaintiff filed Writ Petition No.5..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
....……………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 of the Code of Criminal Procedure possess the same formula describing the inherent ......on over Civil and Criminal Courts of the land. The powers in a sense are inalienable attribute of the position it holds with respect to the Courts subordinate to it. Thus the High Court Division in a proper case possesses the inherent power to quash any proceeding Judgment or decision of any Court/T..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
.... Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Noor Jahan Begum.........................Appellant Vs. Chairman, BSIC and others.................Respondents Judgment March 12, 2012. Result: The appe......peal is dismissed. Civil Rule No.1022 (F) of 2005 is discharged. The General Clauses Act, 1897; Section 27 If there be notice issued in registered post with acknowledgement due to the proper address of the addressee then it is deemed to be presumed that notice has been served…..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
....mud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Assistant Horticulturist Agriculture Extension Division Crop Section, Bobhanbagh Uddyan Base Police Station-Savar, District-Dhaka and others....................................Petitioners
Vs.
M. A. Sattar Bhuiyan being d...... as defendants contested the said suit by filing a written statement. These defendants denied the material case of the plaintiff and stated, inter alia, that the plaintiff knowing fully that the suit property is an abandoned property prayed before the Ministry of Agriculture for release of the said ..
Category: Property Law | Date: 12 Mar, 2012 | Hits: 94
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....orted in: ...... the notice of the higher authority of Biman. It is known to everybody that the international airlines are required to maintain record of carrying the passengers or cargos, as it needs to maintain proper record of profit and loss. From the said Annexure-3 it appears that the Respondent No.2 admi..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Jamuna Builders Ltd....................Plaintiff-Opposite Party-Petitioner Vs. Bangladesh and others…...........Proforma-Defendant-Petitioner Opposite-Parties Judgment Marc......he execution proceedings on 20-10-2009. 3. In the application under Order IX, rule 13 of the Code of Civil Procedure it is stated that Government having been made proforma defendant did not take proper attention to the summons which was served on the Government, as such, government did not..Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....ed only for either of the three purposes specifically mentioned 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 and thirdly, to secure the ends of justice. What is 'inherent' is an inseparable incident of a thing......on over Civil and criminal Courts of the land. The powers in a sense are inalienable attribute of the position it holds with respect to the Courts subordinate to it. Thus the High Court Division in a proper case possesses the inherent power to quash any proceeding Judgment or to set-aside decision o..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....ahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Barrister Mainul Hosein......................................Petitioner Vs. Md. Ali Hossain and another................................Respondents Judgment March 4, 2012. Result......en stated that petitioner-respondent No.1 could not get any relief against opposite-party No.1. 12. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of law and fact do not call for interference. Accordingly, this criminal pe..Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
...., instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Not represented-For Respondent. Criminal Petition for Leave to Appeal No.32 of 2010. (From the judgment and order dated 22nd October, 2008 passed by the High Court Division in Criminal Appeal No.165 of 20......ch rendered the evidence shaky. He submits that the prosecution was not able to prove the place of occurrence beyond reasonable doubt. He also points out that the tribunal did not examine the accused properly during the trial drawing his attention to/pointing out the main incriminating evidence ag..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....245 of 2005. Judgment Md. Ruhul Quddus J.- This Rule at the instance of a convict was issued on an application under section 561A of the Code of Criminal Procedure for quashment of judgment and order dated 26.5.2003 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Moulvibazar in Nari-S...... case. It could at best be tried by an ordinary criminal Court. 17. The petitioner has already undergone the trial and served out imprisonment for nearly seven years. We do not think it just and proper to remand the case to be tried by a Court conferred with jurisdiction. 18. For the reas..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)
....Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J M/s. Sadharan Bima Corporation.........................Petitioner (In both the cases) Vs. United Fish Exports Limited and others.................Respondents (In both the cases) Judgment February 26, 2012. ......e risk of Deterioration of Stock (DOS) for Tk. 1,15,00,000/- and for Machinery Break Down (MBD) for Tk.35,80,000/-. In 1990, the plaintiff took DOS and MBD policies from the defendant No.1, who after proper inspection and examination agreed to cover such policies against payment of premiums. The r..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)
.... J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh represented by its Secretary, Ministry of Land, Bangladesh Secretariat Building, Abdul Gani Road, Ramna, Dhaka and others ...........................the lessees of the land in question on yearly basis, they cannot be evicted at any time. Though they could not and did not acquire any right to get permanent lease of this land, they can apply to the proper authority for getting permanent settlement of the land. On their application, the concerned a..Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
.... Reported in:
......irection should not be given upon the
respondents not to further increase the user fees in the government hospital
and /or pass such other or further order or orders as this Court may deem fit
and proper.”
2. The averments figured by the petition are, briefly, as
follows:
3. The orga..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
....ion
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Syed Mahmud Hossain J
Md. Abul Kashem.............................Appellant
Vs.
Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents
Judgment
February 14, 2012.
Result:
The appeal is dismissed.
C......y sense of the terms. It is merely meant to explain or clarify certain ambiguities which may have crept in the main provision. The ordinary function of an explanation is to clarify, to facilitate the proper understanding of a provision to serve as a guide.
40. In the case of Chief Administrator of..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....
Present:
Farid Ahmed J
Sheikh Hassan Arif J
Grameen Phone Ltd...............................Petitioner
Vs.
Bangladesh Telecommunication Regulatory Commission (BTRC) and others……...............Respondents
Judgment
February 13, 2012.
...... (NBR), the main stakeholder on this issue, was not asked to give reply on the same. Considering this aspect, we are of the view that the issue of vatability as raised by Mr. Haq may be examined in a proper case upon a proper Rule Nisi in this regard. Since the Grameen Phone challenged the impugned ..
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)
....Ali J Md. Shamsul Huda J Md. Shahjahan Atmasder................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Agriculture and others..........................................Respondents Judgment February 9, 2012......thin eight months from 08.01.2008 and that the case having been filed beyond that period was barred by limitation. 9. The findings of the Administrative Appellate Tribunal are based on proper appreciation of law and fact. 10. We would like to give more explicit reply to the quest..Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....ported in: 65 DLR (HCD) (2013) 59. ......hile defendant No. 6 is the other brother through their mother Rezia; said Badsha Miah died on 24-4-91 leaving behind the plaintiffs and the defendants as his legal heirs' he has also left behind properties described in Schedule Ka, Kha, Ga and Gha of the plaint which includes land, building sho..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Abdur Razzak Vs. State, 2012, 41 CLC (HCD)
.... 1898 is that trial Court has to form "an opinion that there is ground for presuming that the accused has committed offence................" An opinion on the basis of presumption and a finding in a judicial proceeding are two distinct concepts. A finding about commission of offe......on 409/109 Penal Code read with section 5(2) of Act 11/1947 Charge is framed accordingly". The language used in the Order particularly the expression "it is found that" is neither proper nor speaking. It is improper, in that at the time of framing charge the trial Court cannot re..Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....ud Hossain J Md. Shamsul Huda J Md. Imman Ali J Muzibur Rahman and others ……………….... Appellants (In Criminal Appeal No.3 ......ercising its power on the question of conversion of the conviction of any accused. Since the state has taken no exception against the conversion of the conviction, Appellate Division feel it not proper at this stage to interfere with his conviction. Appellate Division find no ground to com..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
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