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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......2-4-1993 by which the sentence of the petitioner has been remitted was issued by the Ministry of Home Affairs and it was the decision of the President as well as the Government. 9. It is to be noted here that when the matter was taken up for hearing, on perusal of the photostat copy of the or..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......aises any objection against the execution proceeding by submitting any claim (দাবী), then he has to comply with the provision of sub-section (2) of section 32 of the Ain. What is important to note here are that the objection must be against the Execution of a decree and that the claim must b..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...... 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......t in detail and came to a finding that appointment of receiver by the trial Court without hearing the other side was illegal and as such the ex-parte order could not sustain. The appellate Court also noted that the properties left behind by Muldhoni Cheharu Mohammad were the subject matter of Partit..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. ..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......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...... importing misrelated goods." 8. Mr. ASM Moniruzzaman, learned Deputy Attorney-General, appearing for the appellants, assailed the impugned judgment and order reiterating the submissions as noted in the leave granting order. The learned Deputy Attorney-General further submitted that the H..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......issions merit consideration. Leave is according granted only on the question of sentence." 9. Mr. Sarwar Ahmed learned Advocate, appearing for the appellant made similar submissions as noted in the leave granting order. 10. Mr. Karunamoy Chakma, learned Deputy Attorney-General, h..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
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. ..Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ......d and admittedly the respective accused-petitioners failed to make the payment of the amount of the money of the unpaid/dishonoured cheque(s) within thirty days of the receipt of the said notices. As noted earlier, the purpose of the notice is to give the drawer a chance to make the payment against ..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
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......oner rather, we find and force in the submissions of Ms. Hoseneara Begum and Mr. Huq the learned Advocates for the respondent Nos.9 and 11. 25. Before parting with the Judgment, we would like to note that on examination of the record, it transpires that the suit was decreed for an amount of Tk...Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....ate prayed for acquittal of the convict upon setting-aside the impugned Judgment and order of conviction. 10. Mr. AKM Zahirul Huq, the learned Deputy Attorney-General for the state, on the other hand submits that, attention of the convict-appellant was clearly drawn as would be evident from a p......reasonable doubt and (3) whether interference is called for as regards the impugned Judgment and order, in the facts and circumstances of these case. 13. In order to determine these points, thus noted the purpose of for determination, I have assessed the evidence on record for my own apprecia..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....ubmits that the plaintiffs seriously failed to prove their case by adducing reliable oral and documentary evidence that they have any right, title and interest in the suit schedule land. On the other hand the defendants proved their case by adducing reliable oral and documentary evidence that the go......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)
....ve over its own judgment and, as such, the impugned judgment and order should be set aside. 10. Mr. Rafiqul Islam learned Senior Advocate appearing on behalf of respondent Nos.2-19, on the other hand, supports the impugned judgment and order. He further submits that the High Court Division has ......n as the judgment was signed, the High Court Division became functus officio to recall its own judgment and order unless a review petition, if any, is filed by the aggrieved party. It is important to note that High Court Division can recall its unsigned judgment and order but cannot recall its judgm..Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
....he trial Court and it has decided the suits on merit on the issues involved, the appellate Court has no power to remand. Mr. Moinul Hosien, learned counsel appearing for the defendant, on the other hand, supports the judgment of the High Court Division and submits that the High Court Division ...... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....sp;(AD) 39; Pronoy Bhusan Bardhan Vs. The Sub-Divisional Officer, Brahmanbaria, 30 DLR (SC) 139; Anil Kumar Datta Chowdhury Vs. Province of East Pakistan (1971) 23 DLR 108; Watson and Company Vs. Ramchand Dutta and others LR 17 IA 110 ILR 18 Cal, 10. Lawyers Involved: AJ Mohammad Ali with ......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Commissioner of Customs and another Vs. Equity Construction Pvt. Ltd., 2012, 41 CLC (AD)
....re lorry covered under bill of entry No.C73278 dated 13th July, 2008 within 15 (fifteen) days from the date of receipt of the judgment. 3. According to the writ petitioner it imported the second hand machineries and equipments for construction purposes and when it produced the documents for rel......extended till disposal of the appeal. Let this appeal be heard along with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ..Category: Fiscal/Taxation Law | Date: 15 Mar, 2012 | Hits: 87
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
....l of this rule is that one Habibur Rahman lodged FIR on 22-5-2007 with Rajbari P.S. against three accused persons including the petitioner alleging, inter alia, that the petitioner is the Motwali of Khandaker Wakf Estate. She illegally sold some property of Wakf Estate and misappropriated the procee...... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215