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Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....49/134 of the Penal Code. The Additional Sessions Judge submitted the proceedings of the case to the High Court Division under section 374 of the Code of Criminal Procedure and the reference was registered as Death Reference No. 14 of 2001. Convict appellant Nos. 1 and 2 filed Criminal App...... taken into consideration that the petitioner allegedly dealt only one blow to the deceased without any attempt to cause further injury shows that he had no intention to cause death. Furthermore, the postmortem report also does not support the injury allegedly caused by the petitioner and, as s......an Singh Vs. State of Punjab, AIR 1980 SC 898; Sher Hassan, PLR 1959 SC (Pak.) 480; Abdur Rahim Vs. State, 13 DLR (SC) 1; Pateh Khan Vs. State, 15 DLR (SC) 51; Nausher Ali Sarder Vs. State, 1987 BLD (AD) 324 = 39 DLR (AD) 194; Abed Ali Vs. State, 1990 BLD (AD) 89 = 42 DLR (AD) 171 and Abul Khair Vs...Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....Section 23 of the Act provides the manner of transfer of non-agricultural land. It is provided that every transfer of the non-agricultural land by a non-agricultural tenant shall be made by registered instrument. The lease in question was executed by a registered instrument and thus, ......wo employees of a chain of hospitals were removed and in their place two state servants were appointed. The retrenched employees filed a writ of mandamus directing to reinstatement in their posts on the ground that the retrenchment was void as it did not comply the provisions of sections 2......ndra Kumar Sinha J. and Mr. Abdul 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
Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)
....ined six witnesses in support of his case, while the defense examined none. After conclusion of trial, learned Magistrate of first class, Cox’s Bazar acquitted the respondent on the grounds that no registered Kabinnama was produced to substantiate the allegation of second marriage against the accu......ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. 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: 29 Jan, 2012 | Hits: 169
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....espondent RAJUK did not make any payment to the appellant as per award given by the sole arbitrator, the appellant filed an application under section 14(2) of the Arbitration Act, 1940 which was registered as Title Suit No.1 of 1999 before the Court of Joint District Judge, to make the award Ru...... 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. ......ward Rule of the Court...... (27) Case Referred to- National Small Industries Corporation Vs. National Metal Craft, AIR 1981 (Delhi) 189; Government of Bangladesh Vs. Samir and Co., 28 DLR (AD) 21; M/s Awan Industries Ltd. Vs. Executive Engineer, Lined Channel Division, (1992) SCMR, 65; Ab..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
....j along with other lands originally belonged to Jitendra Nath Saha. That Jitendra Nath Saha sold 2.60 acres of land out of these 3.44 acres of land of CS Plot No.509 in favour of Nawabgonj College by registered kabala dated 26-2-1957. Jitendra Nath Saha sold another 0.20 acre of land to one Saiful I...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ......erty has been illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....sign on some blank stamps and cartridge papers and then dropped him from the car. On 1-3-2005, defendant No.2 lodged a General Diary with Ramna Police Station complaining the above incident which was registered as G.D. Entry No.70. Thereafter, defendant No.2 also filed a petition of complaint before......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. ......the matter by resorting to clause 20 of 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
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....essions Judge, Dhaka, to transfer the case to the Juvenile Court stating that the age of the accused-petitioner was below 16 years at the time of the alleged occurrence. The said application was registered as criminal Miscellaneous Case No.1313 of 1992. When the Criminal Miscellaneous Case No.1......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......ry 18, 2012. Result: The Rule is discharged. Cases Referred to- Md Shamim Vs.State, 19 BLD 542; Monir Hossain Vs.State, 53 DLR 411; Abdul Monem Chowdhury @ Monem Vs.Stale, 47 DLR (AD) 96; Mona alias Zillur Rahman Vs. State, 23 BLD (AD) 187 = 9 BLC (AD) 125; Protap Singh Vs.State ..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....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: ......y further application to the bank. Therefore, the learned counsel submits that there is no violation of Natural Justice as the petitioner was given sufficient times to hear him, in a sense which is a post decision hearing. Even the representations on different dates continuing for a period of one ye...... Bangladesh Bank and others.............Respondents Judgment January 18, 2012. Result: The Rule is discharged. Cases Referred to- Bangladesh vs. Tajul Islam, 49 DLR (AD) 177; Bangladesh Telecom Pvt. Ltd. Vs. Bangladesh T & T Board and others, 48 DLR (AD) 20; Chi..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
.... 6 (1) of the Nari-o-Shishu Nirjatan Damon Ain, 2000 (hereinafter called the Ain). 5. The case, after being ready for trial, was sent to the Nario-Shishu Nirjatan Damon Tribunal, Jhenaidah and was registered as Nari-o-Shishu Nirjatan Tribunal Case No.79 of 2002. Subsequently the case was sent to ......appened at her house on the date of occurrence. At that stage, she was declared hostile, but the prosecution did not cross-examine her. P.W. 5 Md. Rezaul Karim stated that at the relevant time he was posted at Jhenaidah Police Station. After being assigned for investigation, he had visited the place......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
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
....he petitioner in planning, constructing, furnishing, supplying and decorating “Hilton” branded hotel in Dhaka and also for managing and operating the said Hotel with the respondent which has been registered under the Registration Act, 1908 on 22.10.2006. Under the said management agreement the p...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....ly as follows: The plot of land in dispute measures one bigha ten kathas, and five chataks and has structures standing thereon. Amenah Begum Ali Ispahani owned and possessed the same by way of a registered deed of lease dated 18.06.1966 executed between herself as lessee and the Dhaka Improveme...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ...... Amena Begum Ali Ispahani…………….....Respondent (In both the appeals) Judgment January 10, 2012. Result: The appeals are allowed. Cases Referred to- 5 BLD (AD) 51;Civil Petition for Leave to Appeal No.360 of 2000;Manjunath Anandappa Urf Shivappa Hanasi vs...Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....e predecessor of the defendant Nos.1 to 11 is forged, collusive, inoperative and not binding upon the plaintiff and also for declaration of plaintiff's title in .47 acre of land by virtue of registered deed of exchange dated 24.05.1998. 4. The case of the plaintiff, in short, was that ......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......pellate court below the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Anti-Corruption Commission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....ion 161 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. Eventually, the case was transferred to the Court of Divisional Special Judge, Barisal for disposal and was registered as Special Case No.7 of 2009. It appears that the trial of the case had already commenced......ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ...... the Sessions Judge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....wners in possession of 1.39 acres of land of S.A. Plot No.408 of mouja Kodomrasul, Police Station-Gopalgonj and they transferred the said land to the purchaser opposite party No.1 by a registered sale deed dated 20.12.2003. That the pre-emptors were the contiguous land holders of this......e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ...... evident that this Civil Petition for leave to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....the State. Criminal Revision No.915 of 1993. Judgment Md. Emdadul Huq J.- This application under section 561A of the Code of Criminal Procedure, 1898 (shortly the Code, 1898) was registered as a Criminal Revision as per previous practice of this Court. 2. On that applicatio......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ......hellip;…….....................Opposite Party Judgment January 1, 2012. Result: The Rule is made absolute. Cases Referred to- Abdul Wadud Vs. State, 48 DLR (AD) 7; Malek Hossain Pir Vs. Begum Nurjahan Khanam, 15 MLR (AD) 109; Habibur Rahman Molla Vs. State,..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Somed Ali Vs. State, 2011, 40 CLC (AD)
....ed Sessions Judge submitted the proceedings to the High Court Division under section 374 of the Code of Criminal Procedure for confirmation of the death sentence awarded to the petitioner which was registered as Death Reference No.129 of 2003. The petitioner also filed Jail Appeal No.614 of 2003 b......order confirming the sentence of death awarded to the petitioner by the trial Court. 10. We have perused the materials on record including the testimony of the P.Ws. From the inquest report, the post mortem report and the evidence of P.W.6, Doctor who held the post mortem examination of the v......t the sentence of death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
....3 the said title execution case was renumbered as Title Execution Case No.3 of 2003 and was transferred to the Artha Rin Adalat No.4, Dhaka for disposal. In this Adalat the sale deed was executed and registered as per due process of law on 10.07.2003 and the possession also of this auction sold prop......record." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ......the face of the record." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
.... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ......r (Class-1 officer) under Integrated Rural Development Programme (IRDP) in the pay scale of Tk.375-25-550-40-750-EB-50-1-50 on 05.02.1973 on successful completion of training at the BARD and was posted at Bamna Thana under the District of Patuakhali. Thereafter, he was promoted to the next......on is liable to be set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......e he had been performing his duties as Accounts Officer in BJMC, he was temporarily transferred to Latif Bawani Jute Mills on 31st December, 1976 and later on, he was withdrawn on April 20,1979 and posted in BJMC as Finance Officer; BJMC promoted the petitioner to the post of Assistant Chief Finan......igns from his service factually and legally, he can not make any prayer for reinstating him.......................(16) Cases Referred to- Chairman Petro-Bangla Vs. AKM Fazlul Karim, 15 BLD (AD) 114. Lawyers Involved: Tofailur Rahman, Senior Advocate instructed by Md. SR Khoshnabi..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....991 (Annexure-C) shall not be declared to have been issued without lawful authority and is of no legal effect. 3. The background leading to the Rule, in short, is that the petitioner is a VAT registered Unit and has been manufacturing clan prodato and have been paying VAT regularly. The res......directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
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