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Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... Observation— Sweeping Remark or Irrelevant Observation A court shall avoid of making any sweeping remark or irrelevant observation in a case and identify itself to the cause of any of the parties to a case on which it is adjudicating....... (40) Reasoing before Awarding Cost or Comp...... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)
....learned Advocate Mr. A.K.M. Fazlul Hoque further submits that the general power to borrow by the company was already provided in the memorandum of association under object sub-clause No.36. But to particularize the power to mortgage the company’s property a new sub-clause is required to be inc......he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ..Category: Company Law | Date: 28 May, 2012 | Hits: 32
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....bala deed No.148 dated 17-1-1990 transferred 0.1752 acres of land to Moin Uddin and delivered possession who mutated his name and paying all other required taxes to the Government and its different department. Mainuddin by saf kabala deed No.4446 dated 1-9-2005 transferred 0.09 acres of land to plai......ঊ বাউন্ডারী তৎপর শুকতারা প্রিন্টার্স। 16. This is definite land and to find this land within the acquired land, a thorough investigation is required which can be done on holding trial. We may refer to some decisions as rega..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....hen, he joined on 3-11-2010 and since then he has been serving in the said College with utmost sincerity and honesty. He further submits that Sheikh Md. Abul Basher was appointed as Lecturer in the department of Social Science in Degree level as per resolution of the Governing Body being No.20 dated......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....oes not lapse with the efflux of time. Therefore, this argument has no substance. 11. Again, although the petitioner has raised the issue of dismantling the basic structure of the Constitution, apart from a mere statement, neither the petitioner in the petition nor the learned advocate for......cribed in section 3(2) of the ICT Act, 1973. The petitioner is a person of 41 years of age. He does have no chance of being implicated for any such crime committed during liberation war. If upon investigation any such offence committed after the law came into force is found to have been pr..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....s Jurisdiction) Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Md. Shahidul Islam......................Petitioner Vs. State and another....................Opposite parties Judgment May 13, 2012. Result: The Rule is made absolute. ......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
.... others............................Appellants Vs. Aziruddin and others.................................Respondents Judgment May 8, 2012. Result: The appeal is allowed in part and the suit is decreed in part. Cases Referred to- Bahadur Ali Sk. Vs. Azgar Ali Mun......of Ranjit Kar and his brothers in schedule 1 land, what was in dispute was the identity of the second schedule land and contended that the same was not part of the first schedule land, the local investigation having -established without dispute, the identity of the 2nd schedule land as part of ..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....charge that burden. 7. Learned Advocate refer to certain exhibits which according to him prove payment of rent are:— i) Debit Vouchers dated 30-11-1999 & 30-11-2001 signed by both parties Exhibit Ga and Gha, ii) Statement of Accounts dated 24-10-2001 signed by both parties Exhibi...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....to dispose of the application filed by Prof. Muhammad Yunus (petitioner) in Civil Petition No. 640 of 2011 for recalling the unsigned order dated 5th April, 2011. The leave petitions upon hearing the parties at length were dismissed in open Court on 5th April, 2011. Soon thereafter, the petitio......s clear on the subject, the exercise of jurisdiction in such a case is uncalled for. 53. Similarly, in cases where the question of law or constitutionality urged can be determined only upon investigation into disputed questions of fact, for which there are no materials on the record, or wh..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
....s (Discipline and Appeal) Rules, 1985 (the Rules, 1985). Subsequently, the case was renumbered as Administrative Tribunal Case No. 161 of 2003. 3. The Administrative Tribunal after hearing the parties by order dated 22.09.2005 allowed the case in part by imposing minor penalty, i.e. withhold......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97. ..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....r on an application under section 561A read with section 498 of the Code of Criminal Procedure the instant Rule was issued on the following terms; "Let a Rule be issued calling upon the opposite party to show cause as to why the First Court of Assistant Sessions Judge, Cox's Bazar shall not be ......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..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)
....very of loan amounting to Tk. 5,20,932 impleading M/s. Nasima Enterprise and others as the defendants of the suit. The defendants did not contest the suit as a result of which the suit was decreed ex-parte in preliminary form by judgment and decree dated 14-06-2000. Final decree was drawn up on 28-0...... the Adalat. In other words it can be said that the Artha Rin Adalat dispossessed respondent No.6 from his land, which is not the subject matter of mortgage. Therefore, the Adalat should have made an investigation into the matter to see whether the contention made by respondent No.6 was correct to r..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....c criminal case has already been started When a specific criminal case is started and now pending before the concerned Special Tribunals, the criminal case should be resolved there. If the party which initiated the case fail to prove the case, then the aggrieved person shall have the lib......ylhet and then separate first information report (FIR) was lodged against each of them. All the petitioners, subsequently, obtained bail from the High Court Division. Meanwhile, the police after investigation submitted final report in all the cases in favour of the petitioners. All these four ..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....ion on depositing the requisite amount. 4. The pre-emptee-respondent Nos.2 to 5 appeared in that miscellaneous case and filed written objection challenging the claim of pre-emption. The opposite party No.23, namely, Abul Kashem filed an application on 24.06.1999 praying for being added as co-pr......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)
....t premises in favour of the defendant upon certain terms and conditions. An agreement for lease was executed by his mother as being landlord and the defendant as tenant on 17-5-1976. The tenants were parted with possession in the suit premises. The defendant started paying rent as per the terms of t......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
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
.... as respondent on the ground that it being an independent organization having power to inquire, investigate, conduct cases and life appeals against appealed orders of the Special Judge is a necessary party with a view to defend to convictions and sentences through its prosecution team. 2. Mr. A......arly discloses the purpose for which the Commission has been established, that is to say, for the purpose of prevention of corruption and corruption related acts and other specific offences, for investigation and inquiry of those offences. Section 17 empowers the Commission to act all or any of..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
.... of Credit (L/C) No. 0935-0901-0091 dated 4-3-2009 covered under Bill of Entry No.C-39276 dated 6-4-2009. 3. In the writ petition, the averments were made, inter alia, that the petitioner is a partner of a "partnership proprietary firm" in the name and style "M/s Champa Steel Mills” dealin....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)
....mman Ali J.- This petition for leave to appeal is directed against the judgment and order dated 4.5.2010 passed by the High Court Division in Writ Petition No.7942 of 2009 making the Rule absolute in part with a direction upon the respondents to lift the curtain to enable writ petitioner Nos. 3, 4. ......tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ..Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....s altered into one for imprisonment for life with fine. The appellant could not be solely saddled with the "short gun fire injury on the deceased, Abdur Rakib'' resulting his death, particularly when the other accused had also guns and they fired from their guns as well. The H......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2