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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......sen, the Investigating Officer, deposed that on 25-8-10 he was serving at Rajbari Police Station as a Sub-Inspector of Police. As entrusted by the Officer-in-charge of the police station he has taken over the investigation into the case and inspected the place of occurrence, prepared draft sketch ......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ..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......y J KM Kamrul Kader J M/S. Talukder Chemicals Limited, represented by its Managing Director, Mozzamel Haque Talukder alias H.M. Talukder…..........Plaintiff-appellants Vs. Government of Bangladesh and others…………............Defendant-respondents ......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 ......der XLI Rules 19 and 21 of the Code of Civil Procedure for readmission or rehearing of a civil revision where the judgment has been delivered on merit and that the High Court Division should not have over its own judgment and, as such, the impugned judgment and order should be set aside. 10. Mr......ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ..Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
....ing of the Board of Directors of the Company was held under the Chairmanship of Defendant No. 2 and in that meeting the plaintiff was appointed as the Managing Director of the Company and the company handed over 400 shares in his name, which was duly approved by defendant No.10. Thereafter, the plai......The Company has purchased a denationalized and privatized industry namely Kuliarchar Ground Nut Mills Ltd. at a price of Taka 1, 0024, 000/-only, under an agreement dated 18.06.1987, executed by the Government and the Company. Thereafter, on 14.11.1994 a deed of financing was executed in between the......39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
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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 ...... executed by the defendant No.2 in favour 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...... 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 ......d the suit. 5. It is the Case of defendant No.1-5 that suit land recorded in CS and SA Khatian in the name of Horihor who having left this country, as such, the suit land has been vested in the government as enemy property. One Harunur Rashid was given lease of certain quantum of land in EP Cas......lla in revision whereupon on 5-5-1969 following order was passed "The light of this order of the Deputy Custodian the Property involved in EPL Case No.50/67-68 at Flag D may be exempted from the management as enemy property. Harunur Rashid being a man of active habit again moved the Assistant C..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......ndoned. 2. Petitioners seek leave from a judgment of the High Court Division in Writ Petition No.3137 of 2001 by which it directed the petitioners to release the imported concrete mixture lorry covered under bill of entry No.C73278 dated 13th July, 2008 within 15 (fifteen) days from the date of......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......the law of the law of the land but also for securing the ends of justice in its widest sense. Inherent power of the High Court Division by reason of its being the highest Court must have jurisdiction over Civil and Criminal Courts of the land. The powers in a sense are inalienable attribute of the p...... 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
....d in: 18 BLC (HCD) (2013) 166.
...... and in its affidavit the UGC blamed the PSTU for all the anomalies. It is further stated that the PSTU is solely responsible for creating this anomalous situation as it acted malafide to harass the government as well as the other respondents. It is alleged in the affidavit-in-opposition that even a...... located in a place which is conducive to carry out the research program on animals. In light of the fact that animal Husbandry is related to animal production, breeding, feeding, care 'and management of dairy and poultry, processing, preservation and marketing of livestock products wherea..
Category: Others | Date: 14 Mar, 2012 | Hits: 5
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
....ng allotment of the plaintiff was cancelled and on 31-8-1996, application for allotment of the plaintiff and was cancelled. By letter dated 22-9-1996, 20-7-2000 and 19-9-200 plaintiff was directed to hand over possession of the aforesaid plot. From 1376 BS plaintiff did not pay any land development ......lotment of the plaintiff was cancelled and on 31-8-1996, application for allotment of the plaintiff and was cancelled. By letter dated 22-9-1996, 20-7-2000 and 19-9-200 plaintiff was directed to hand over possession of the aforesaid plot. From 1376 BS plaintiff did not pay any land development taxes...... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
....offered for sale of a flat at Gulshan, Dhaka at Tk. 60,00,000 to the complainant and accordingly, a deed of agreement was executed between them and he received Tk. 60,00,000. The petitioner failed to hand over possession of the apartment to the complainant. Thereafter, another agreement was executed......ed for sale of a flat at Gulshan, Dhaka at Tk. 60,00,000 to the complainant and accordingly, a deed of agreement was executed between them and he received Tk. 60,00,000. The petitioner failed to hand over possession of the apartment to the complainant. Thereafter, another agreement was executed betw...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....d decision of the Respondent No.2, which has been annexed as Annexure-A, has been issued and passed without lawful authority and is of no legal effect. 11. Now comes the question as to how to handle a situation of similar nature. In this respect the proposals as has been made by Respondent......e appropriate officer will give due consideration to the status of the dignitaries strictly in accordance with the hierarchy as set out in the Warrant of Precedence. (iii) In case of check-in-over the counter, upgradation will be allowed on a “first come first serve” basis with priority......cision of the Biman Authority many other dignitaries were subjected to humiliation on a good number of occasions and as such the petitioner thought it necessary to introduce a general system in the management of the Bangladesh Biman, at least in respect of upgrading the economy class passengers t..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....lled for, due to the allegations of creation of false documents...............(27) Lawyers Involved: Mahbub Shafique with KM Hafizul Alam—For the Petitioner No.3. Shafiul Basher Bhandary, Deputy Attorney General—For the State. Khurshid Alam Khan, Advocate—For th......reau of Anti-Corruption (shortly the Burea), Dhaka lodged a First Information Report (shortly the FIR) on 20-12-1988. He alleged that the 11 petitioners and 2 others never worked as employees of the Government Departments named যুব সংহতি or জাতীয় মহিলা সং......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. ..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
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......ces under sections 420, 468, 471 and 109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 in connection with absorption of the 11 accused-petitioners as surplus Government employees. The accused petitioners were never Government employees. But accused Abdul Quyu......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, ...... obedience to the law of the land but also for securing the ends of justice in its widest sense. Inherent power of the High Court Division reason of its being the highest Court must have jurisdiction over Civil and criminal Courts of the land. The powers in a sense are inalienable attribute of the p......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. ...... 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......rporation i.e. the defendant Nos.1, 2 and 5. That the insurance company-the defendant No.1, after due investigation, examination and scrutiny of the stock of the fishes and the machineries agreed to cover the risk of Deterioration of Stock (DOS) for Tk. 1,15,00,000/- and for Machinery Break Down (MB......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...... different banking facilities to the customers and clients of the Bank of that Branch. This Bank in process of functioning was closely associated with respondent No.2 along with functionaries of the Government of Bangladesh as Banking Company created by law. The petitioner has got his large volume o......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. ......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......said outstanding dues for this period. It has been seen that the Bank also did not take any steps for clarifying its position regarding the repayment for the loan either form the company or form the Government during this period which it ought to have. We are, therefore, not in favour of awarding an......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
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