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Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)

....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ......re ADC (Rev) land Kotwali, ADC (Rev) Dhaka and Additional Divisional Commissioner, Dhaka respec­tively which still exists in Mouza Wari under Police Station Sutrapur, District Dhaka, which is the jurisdiction of this learned Court." 7. Defendant No.1 contested the suit by filing writte..

Category: Property Law | Date: 25 Jul, 2012 | Hits: 10

AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......ticle 78 of the Constitution are not absolute. They further submit that by giving impugned Ruling inviting the Hon'ble Chief Justice of Bangladesh to take action, the Hon'ble Speaker has exceeded his jurisdiction inasmuch as he has no authority to ask/request the Chief Justice to take action against..

Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236

A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)

.... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ...... Sports Council was not a statutory body but a company; therefore, constitution of its Executive Committee on the basis of election held on 23rd December, 2008 could not be challenged by invoking the jurisdiction of the High Court Division under article 102 of the Constitution, so the impugned judgm..

Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147

Md. Mozaffor Hossen and another Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23

Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)

....nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33.  ......1998.) Judgment Surendra Kumar Sinha J. - The question arose that in this appeal is whether in presence of an alternative remedy, the High Court Division is justified in invoking its writ jurisdiction to interfere with the order of Revenue/Settlement Officer who had directed to change t..

Category: Property Law | Date: 17 Jul, 2012 | Hits: 8

Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)

....ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......2007.) Order Surendra Kumar Sinha J. - Plaintiffs in a suit for realiza­tion of Tk.8, 46,795/- seek leave from a judgment and order of the High Court Division exercising its revisional jurisdiction. 2. The suit in question was decreed ex-parte and pursuant to the decree, the de..

Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16

Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)

.... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ......f the Appellate Division passed in the case of Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja, 20 BLT (AD) 47 submits that, this Court in on the chronological happenings of the case have jurisdiction to condone the unusual delay happened which find support from reported decision and fur..

Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18

Marsu Ltd and another Vs. Waliullah, FCA, Partner of M/s. Malek Siddique Wali Chartered Accountant and Receiver of Marsu Ltd, 2012, 41 CLC (HCD)

....is acquitted from the charges brought against him. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ...... from getting involved in any altercation appears to have miscalculated by some quarters and indulged them to cross their boundary and to trespass into the matters distinctively falling within in the jurisdiction of this Court, according to the contour delimiting the powers and functions of the thre..

Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5

City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)

....xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ..

Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2

Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)

....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......arry out the routine function of the government. Such a government could not take any policy decision as such, the impugned notification bearing SRO No.266-Ain/2007 dated 27.11.2007 was beyond the jurisdiction and powers so vested upon the non-party caretaker government under the said provision ..

Category: Others | Date: 21 Jun, 2012 | Hits: 20

Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)

.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......l position, if at all required, it is quite relevant to refer to the case of Prahlad Singh Bhati Vs. NCT Delhi, reported in AIR 2001 SC 1444, wherein, at paragraph 8, it has been held that, "The jurisdiction to grant bail has to be exercised on the basis of well settled principles having regard..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10

Government of the People’s Republic of Bangladesh Vs. Orex Network Limited and others, 2012, 41 CLC (AD)

....al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs. Ed. This Case is also Reported in: ......the Court of Settlement intact the writ-petitioner cannot have any declaration that enlisting of the disputed property in the ‘kha’ list of the abandoned buildings was illegal and without jurisdiction. The High Court Division noticed the existence of the judgment of the Court of Settleme..

Category: Property Law | Date: 20 Jun, 2012 | Hits: 94

Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)

....exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148   ......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148   ..

Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3

AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)

.... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ......ellate Court in appropriate cases can obtain additional evidence including taking opinion of the handwriting expert to come to a correct decision. Such initiative of the appellate Court is within its jurisdiction and is not an access to its jurisdiction...........................(20) Lawyers In..

Category: Property Law | Date: 13 Jun, 2012 | Hits: 27

Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)

....parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ...... challenged an order of the High Court Division allowing the plaintiffs prayer for examination of the disputed thumb impressions appearing in an unregistered deed of gift in exercise of revisional jurisdiction without affording him any opportunity of being heard. 2. Respondent No.1 institute..

Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8

Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241   ......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241   ..

Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4

Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)

....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......dges failed to appreciate the defini­tion of ‘অপহরণ’ defined in the Ain, 2000. What's more, the Court is not concerned to see whether or not the objection as regards the jurisdiction of the learned Sessions Judge to try the offence was raised. 33. The Court is requ..

Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30

Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)

.... that the price quoted was only for same type of equipments (with no upgrades). The discount provided by the respondent No.2 company was a lump sum discount to be applicable to one time only which is discretionary matter for the respondent No.1 and not to be treated as intended to be applicable to f......the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ..

Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61

PHP Float Glass Industries Ltd Vs. Commissioner Customs, Excise and VAT and others, 2012, 41 CLC (HCD)

.... from the date of receipt of a certi­fied copy of this judgment and order. Communicate this judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 478 ...... Ms. Israt Jahan, the learned Assistant Attorney-General (AAG) though conceding the facts of the case as assured by the petitioner, rais­es the question whether the petitioner can invoke the writ jurisdiction when an alternative remedy lies against the same under sub Rule 7 of Rule 3 of the Rule..

Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3

Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)

.... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ...... vide the impugned Memo No.Bichar-7/2 N-38/83-504(Annexure-A). 3. At this juncture the learned Advocate for the petitioner submits that under rule 6(5) of the Rules the Advisory Committee has no jurisdiction to curtail the name of any candidate, rather on receipt of the application of qualified..

Category: Family Law | Date: 30 May, 2012 | Hits: 7