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Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......cupying the foot-path of the market keeping in view of the observations and direction given in the case as reported in 6 BLC 289, for the same is still in force. 19. Moreover, it is pertinent to note that if any permission has been given to the petitioner's Association for parking car insid..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
....d in: 18 BLC (HCD) (2013) 166.
......gy University be allowed to continue with their regular studies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
..
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 ...... 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...... 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...... this respect the respondent no.2 in its affidavit in opposition annexed a piece of papers as Annexure-3 incorporating the names of 15 (fifteen) persons only in two categories, namely A and B. The note incorporated in the said annexure shows that under category-A seven persons have been upgraded..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......ontents thereof, as referred to in the charge-sheet, is evidently inconsistent with the aforesaid letter dated 21-4-1982 containing decision of abolition of the two organizations. 18. It is noted that the term "surplus public servant" as defined in the Ordinance, 1985 and the exp..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......nts thereof as referred to in the charge-sheet, is evidently inconsistent with the aforesaid letter dated 21-4-1982 relating to abolition of জাতীয় যুব সংস্থা. 20. It is noted that the term "surplus public servant" as defined in the Ordinance, 1985 and the expression ..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, ......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......resently, New Nation Printing Press, 1, R.K. Mission Road, Dhaka, showing that the liabilities of the New Nation Publications Ltd. devolved upon the New Nation Printing Press. The High Court Division noted that admittedly, the New Nation Publications Ltd. had been liquidated and that it was also a..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......nt of premiums. The rate of premiums was fixed by the defendant No.1 and those premiums were paid regularly by debiting from the account of the plaintiff. The defendant No.1 issued policies, coverage note, premiums receipts and all other necessary papers in respect of coverage of risk of DOS and M..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......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. ..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......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
.........Appellant
Vs.
Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents
Judgment
February 14, 2012.
Result:
The appeal is dismissed.
Cases Referred to-
Dipak Chandra Ruhidas Vs. Chandan Kumar Sarker, AIR 2003 SC 3701, Coventry and Solihull Waste Disposal Co L......burden lies on the appellant to prove that the loan which was outstanding on 26.12.2006 was actually repaid or renewed or rescheduled before the date of scrutiny of the nomination papers. It is to be noted that Article 12(1) of RPO refers to a Director of a Company. Sonali Bank in its letter dated 1..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....
Lawyers Involved:
Rafiqul Haque, Senior Advocate with Sheikh Fazle Noor Taposh, Advocate with Mehedi Hasan Chowdhury, Advocate—For the Petitioner.
Ajmalul Hossain QC, Advocate with Khandaker Reza-e-Raquib with Imranul Kabir, with Mejbahur Rahman, Advocates—For the Respondents......n. Dispute cropped up because of the words “উৎসে কর্তন” as used in the VAT Act and rules made thereunder. In Bengali, the word ‘কর্তন’ generally connotes that some small thing is to be deducted or cut off from a bigger thing. There may be an unders..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
....his Court under the provisions of section 42 of the Trade mark Act 2009. In this respect he relied on the case of Powell Vs. Birmingham Vinegar Brewery Co. (1893) 10 RPC 63 Ch. D.
13. On the other hand the learned Advocate Mr. ABM Shamsud Doulah appearing on behalf of the respondent No.1 submit......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
..........Respondents Judgment February 9, 2012. Result: The Petition is dismissed. Cases Referred to- Canada Sugar Refining Co Vs. R (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006. Lawyers Involved: Syed Mahbubur Rahman, Advocate-on-Record—F......nd as such the impugned decision should be set aside. 7. We have considered the submissions of the learned Advocate, perused the impugned decision and the materials on record. It is important to note that the Administrative Tribunal did not frame any issue of whether the case was barred by limi..Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......fer the same to any competent Court for disposal starting from the stage before, filing of the so-called compromise petition in that suit with a further direction to the trial Court to take note of the findings and observations made by this Court in this judgment delivered by us in this Fi..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)
....factory to proceed against the appellants and therefore, the impugned order of framing charge against them is liable to be set aside and they are entitled to be discharged from the case. On the other hand, Mr. Yousuf Mahmud Morshed, learned Assistant Attorney General appearing for the State-responde......e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
.... attacked his brother to kill him (hereinafter referred to as the victim). Accused Babul attempted to stab on the head of the victim by a dagger, but failed due to resistance put by the victim by his hand which caused bleeding injury in between (at the junction) his thumb and index finger of hi......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
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