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Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)

....legally the same expression. A surplus employee does not necessarily loose his employment because of abolition of his post. He may get the benefit of absorption under the Ordinance 1985. On the other hand a চাকুরীচ্যুত কর্মচারী will not get the said benefit of a......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. ..

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

Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)

....im Taka 5,000 as subscription and on refusal, the accused petition­er No.1 passed order to kill him and he himself gave a dao blow aiming at his head and on resistance his anamica finger of the left hand sustained cut injury. At that time Razzaque Fakir appeared there and while tried to interfere, ......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. ..

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

Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

....plaint can be lodged against the petitioner under sec­tions 54 and 55 of the Ordinance. 8. Mr. Abdur Razzaque Khan, learned Senior Advocate, appearing on behalf of respondent No.1, on the other hand, sub­mits that in fact, respondent No.1 is an employee of the New Nation Publications Ltd. and...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ..

Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238

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

....ng joint written statement. The material case of these defendants was that the accident occurred due to the fault and negligence of the plaintiff and that the entire machiner­ies were old and second-hand procured and obtained from an old ship in 1988. That the insurer appointed a Surveyor to ascert......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. ..

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)

....stitution of Bangladesh which gives a citizen right to property. 5. Mr. Md. Mozaharul Islam, the learned Advocate appearing for the respondent No.4 by filing affidavit-in-opposition on the other hand, opposes the Rule.  He submits that this Rule is not maintainable in its present form. The......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.   ..

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

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

....adjudicate upon and settle all questions involved in the suit. It can send the disputed signatures appearing in the deed of agreement with the admitted signatures of the defendant for comparison by a handwriting expert if the parties make any prayer in that regard………………………………......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)

.... to take delivery in time and, as such, the goods were sold in auction and thereafter the Bank sent a notice to the defendant to adjust the money with the accrued interest thereon. But in the case in hand the defendant failed to do so and the plaintiff appellant filed the suit but the Court below wh......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     ..

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)

.........Appellant Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents Judgment February 14, 2012. Result: The appeal is dismissed. Cases Referred to- Dipak Chandra Ruhidas Vs. Chandan Kumar Sarker, AIR 2003 SC 3701, Coventry and Solihull Waste Disposal Co L......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. ..

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

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

.... Lawyers Involved: Rafiqul Haque, Senior Advocate with Sheikh Fazle Noor Taposh, Advocate with Mehedi Hasan Chowdhury, Advocate—For the Petitioner. Ajmalul Hossain QC, Advocate with Khandaker Reza-e-Raquib with Imranul Kabir, with Mejbahur Rahman, Advocates—For the Respondents......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. ..

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)

....his Court under the provisions of section 42 of the Trade mark Act 2009. In this respect he relied on the case of Powell Vs. Birmingham Vinegar Brewery Co. (1893) 10 RPC 63 Ch. D. 13. On the other hand the learned Advo­cate Mr. ABM Shamsud Doulah appearing on behalf of the respondent No.1 submit......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. ..

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

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

....factory to proceed against the appellants and therefore, the impugned order of framing charge against them is liable to be set aside and they are entitled to be discharged from the case. On the other hand, Mr. Yousuf Mahmud Morshed, learned Assistant Attorney General appearing for the State-responde......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: ..

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

Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)

.... attacked his brother to kill him (hereinafter referred to as the victim). Accused Babul attempted to stab on the head of the victim by a dagger, but failed due to resistance put by the victim by his hand which caused bleeding injury in between (at the junc­tion) his thumb and index finger of hi......mmut­ing the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ..

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

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

.... acre. His case is that the plaintiff's father Ashidulla, the mutawalli, with prior sanction of the Administrator of Waqfs leased out 0.92 acre of land of plot No.932 at a premium of Taka 300 and handed over posses­sion on the same day. He developed the land and constructed houses in a porti......bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ..

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

Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)

.... and materials of the case. 13. K.M. Zahid Sarwar, learned Deputy Attorney General with Dr. Bashirullah the learned Assistant Attorney General appearing for the State opposite party on the other hand submits that when exercising this Jurisdiction under section 561A of the Code of Criminal Proce......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ..

Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11

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

....rbitration, the Court has the power to supersede the reference and thereupon order that the arbitration agreement shall cease to have effect with respect to the dif­ference referred. On the other hand if the Court finds that the arbitration agreement is of a general nature and contemplates conti...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ..

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

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

....th the defendant-company for purchasing flat No.4/B (hereinafter referred to as the suit flat) of its project 'Heritage', DOHS, Banani to be constructed on the suit land. After the agreement had been handed over to the plaintiff, she found that the same was not signed by the owner of the suit land, ......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..

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

Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)

....e power conferred by Section 3(2)(iii) of Act, 1947 the Money Changer License of the petitioner was canceled with a direction to deliver his original Money Changer License and the foreign currency in hand, if any, to Foreign Exchange Policy Division, Bangladesh Bank. The petitioner has challenged th......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: ..

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

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

....e of these plaintiff’s witnesses meticulously and come to a con­current finding that the evidence of the witnesses of the plaintiff has proved the plaintiffs case sufficiently. On the other hand the contesting defendant has exam­ined himself and only one witness in order to prove his c......, 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

Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)

..... Monir Hossain is a necessary party for resolution of the dispute and there is no materials before the Tribunal showing that there exists any dispute with Md. Monir Hossain as regards allocation and handing over possession of his portion as per agreement. Therefore, the application for addition of ......of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152     ..

Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7

Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)

....rthy to believe and the ejahar story of kidnapping and rescuing the victim-child having not been proved at minimum level, the impugned judgment and order is liable to be set aside. 9. On the other hand, Mr. Md. Yousuf Mahmud Morshed, learned Assistant Attorney General appearing for the Staterespo......ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ..

Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155