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Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....p; Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Md. Imman Ali J Kalim Ullah (Md.) and others ...............Appellant Vs. Fariduddin Ahmed…………&h......lip;…….Respondents Judgment February 1, 2012. Result: The appeal and the leave petition are dismissed. A mutawalli cannot grant lease of any part of waqf property in perpetuity with prior sanction of the Administrator. The language used in this sect..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....nt: Siddiqur Rahman Miah J AKM Shahidul Huq J Dr. Khalekuzzaman………………………….......Petitioner Vs. The State and another…………………………Opposite ......present Rule. 8. Mr. M. Amirul Islam, the learned Senior Counsel submits that the learned trial court while disposing the application under section 265C of the Code of Criminal Procedure did not properly consider the case records and the documents submitted therewith. Mr. Islam contended that t..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....efined in the Arbitration Act. Order XX, rule 4(2) of the Code requires that judgments of all Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section 17 of the Arbitration Act empowers the Court to pronounce......roduce any evidence of authorization by the respondent. The Sole arbitrator in presence of the officers of the respondent adjourned the hearing to 27-8-1998 for enabling the respondent to appear with proper letter of authorization. It was also intimated to the parties that no further extension ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
....Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Nawabgonj Government College.....................Petitioner Vs. Aftabuddin (Md.) and others.........................Respondents Judgment January 23, 2012. Result: ......7 and VP Lease Case No.1 of 1086, releasing 0.84 acre of land out of 3.44 acres of land appertaining to SA Khatian No.321, Plot No.509 of mouza Jotpratap, Police Station-Sadar from the list of vested property. 3. The writ petitioner's case as stated in the writ petition, in short was that 3..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....bsp; Nazmun Ara Sultana J Md Shamsul Huda J Syed Mahmud Hossain J Md. lmman Ali J Atif Atiq (Md.) and another..........................Petitioners Vs. Nurun Nahar Begum and others...............t Nos.1 and 2 received the said amount from the buyers, they failed to complete the construction work or failed to undertake the construction work satisfactorily or failed to do the construction work properly as per terms of the agreement and had abandoned the construction site; the intending flat b..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....D 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 of Jharkhand, (2005), 3 SCC 551; Umesh Singh Vs. State of Bihar, (2000) 6 Supreme Court Cases, 89. Lawye......Case No. 1313 of 1993 and as the senior Special Judge in the Special Case No. 946 of 1993 should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper. (As written in the Rule issuing order.) 2. The present accused-petitioner on 17-2-1993 ..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....pecial Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Warid Telecom International Ltd....................Appellant Vs. Commissioner of Customs and others………........Respondents Judgment January 18, 2012. ......on and the reasons for the decision. But in the present case, the Tribunal by merely pronouncing the conclusion without assigning any reasoning in support of the same is found not to have persued the proper way of disposing of the Appeal. And whereas further the Order (Judgment) of the Appellate Tri..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
.... (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Shamsuddin Ahmed & others .....................Appellants Vs. City Bank Ltd. and others……………………………........not go behind the decree. So the execution court does not have any jurisdiction to take into consideration of any thing stated in preliminary decree……..(14) Whether the sale of the property once made absolute can be affected even if the decree is overturned- It is settle prin..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
....da J Sree Prodip Barua alias Bappi………………………………………..Petitioner Vs. Faisal Madani and another.......................................Respondents Judgment January 15, 2012. ......int case, in short, was that the suit land originally belonged to Umacharan who died leaving son Bijoy Sree Barua. That Bijoy Sree Barua while was in possession of the suit land along with other properties died leaving four sons in Prodip Barua @ Bappi (the defendant-petitioner), Dilip @ Badal ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....late Jurisdiction) Present: Md. Nuruzzaman J Quazi Reza-ul Haque J Dr. Anowar Hossain………………..Appellant Vs. Reya Builders and Engineers Ltd................Respondent Judgment January 12, 2012. Result: ......ion for addition of patty by the 2nd party to implead the 3rd party in the proceedings does not come within the ambit of law. Therefore, as to whether any signatory of the agreement is a necessary or proper party in the proceedings does not call for to decide at all. It is the desire of the 3rd..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
.... Division (Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J Mohammad Ali…………………………….Accused-Petitioner Vs. State and another………………………………….Opposite-Parties Judgment January 10, 2012.......Instruments Act, 1881 pending in the Court of 5th Joint Metropolitan Sessions Judge, Dhaka shall not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. In short, the case of the prosecution for the purpose of disposal of the Rules is as f..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... 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.Tammanasa and others 10 SCC 390; Hajee Saru Meah Sowdagar and another......appeals arise out of litigation between the same parties concerning land situated at Plot No.6, Block No. NW (A), Road No.69, Gulshan Model Town, Dhaka. Title Suit No. 3 was filed by the owner of the property seeking a declaration that the cancellation of the agreement of sale is valid and binding, ..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....Huda J Md. Amzad Hossain Parag………………………………………...Petitioner Vs. Md. Saiful Islam and others....................................Respondents Judgment January 9, 2012. ......s pleading. 7. The defendant Nos.2, 3 and 5 contested the suit by filing a joint written statement denying the material allegations made in the plaint. Their defence case, in short, was that the properties of C.S. Khatian No.106 was recorded in the name of Syed Altaf Ali Chowdhury and others. B..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....gir Hossain J Advocate Manzill Murshid...... Petitioner. Vs. Bangladesh represented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat, P.S.-Shahbag, District-Dhaka and others...... Respondents. Judgment January 6, 2012. Result: The impugned ......ents to pay-sanction the medical bills of the Hon’ble Judges of the Supreme Court of Bangladesh as paid earlier and/or why such other or further order or orders as to this Court may deem fit and proper, should not be passed.” Averments figured in the petition, are summarized below: ..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....endra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Md. Shamsul Huda J Mohammad Noor-E-Alam Jahangir, English Teacher Rifles Public School and College,Dhaka....................................................Petitioner (In both the cases) ......ndhi Police Station, Dhaka (Annexure-G) and such other malafide documents are not usable against the petitioner and/or pass such other or further order or orders as to Your Lordships may seem fit and proper for the ends of justice.” and accordingly, the Rule was issued. 5. A Divisi..Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
....an Ali J Md. Shamsul Huda J Shamsul Haque Hawlader……………………………..Petitioner Vs. Government of Bangladesh and Others……………Respondents Judgment January 5, 2012. ......ice will be done to the accused-petitioner by the transfer of the case to the Druto Bichar Tribunal. 13. We are of the view that the judgment and order of the High Court Division, being based on proper appreciation of the law and facts, does not call for any interference by this Division. ..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
.... Syed Gulam Shariar…………………………………………..Petitioner Vs. Mohammad Abdul Mannan and others…………………........Respondents Order ......n between the land transferred and the land of the pre-emptors. The learned Counsel has contended that all the courts below have failed to consider and evaluate these evidence and materials properly; the learned Advocate has stated also that in the trial court, at the instance of this pres..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....per previous practice of this Court. 2. On that application, a Rule was issued by this Court about quashment of the proceeding of Special Case No.2 of 1993 pending in the Court of Sessions Judge and Senior Special Judge, Munshiganj, and further proceeding of the case was also stayed. 3. Th...... justice, this Court should formally record an order about stopping the investigation. But in reality the case has already proceeded to the stage of cognizance and framing of charge. So the proper course of action would be to treat the investigation as having been stopped as on 29-6-1989 a..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
....o.1664 of 2008. Judgment Obaidul Hassan J.- This appeal has been directed at the instance of the appellant under section 10 of the Criminal Law Amendment Act, 1958, challenging the Judgment and order of conviction and sentence dated 16-11-2006 passed by the learned Special Judge (District ......ption Act, 1947 and sentenced him thereunder. Thus the appeal is liable to be disallowed. 10. The only question is whether the learned Judge of the trial Court pronounced the Judgment after proper appreciation of the evidence of the P.Ws. and after proper consideration of the facts and cir..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96