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.........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......aving not been denied or otherwise disapproved of by appellant, means that according to Bangladesh Bank circular the loan remained unpaid for at least 12 months or more after it became "past due/overdue". With regard to the legal authority of the Corporate Branch of the Sonali Bank to iden......gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
..
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......
Result:
The writ petition is maintainable. The Rule is made absolute in part.
Tele Communication (Amendment) Act (XLI of 2010)
Sub-section (2) of section 39 provides that if the government is of the view that any condition of the license has to be amended, it may direct the BTRC......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
..
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...... a total volume of sale of "PRAN FROOTO" Mango Juice rose at Tk. 4376170 million in four years starting from 2007 accordingly it acquired 82% of the market share paying a good amount in taxes to the Government and therefore, the petitioner is entitled to register its Trade mark under Class-32. But d......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
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. ......d before this Court was obtained by duress upon exerting undue influence upon the respondents but having left with no power of resistance to such aggression upon their legitimate right of inheritance over the property left behind by their admitted father, according to Muslim Family Law of Inheritanc......re the parties are holding for their respective dwelling purposes but the remaining properties which are being held by tenants or for business purpose shall be brought under the control and management of the Receiver. The Deputy Commissioner and collector of Dhaka shall however be at liber..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
....can be treated as a public interest litigation, and the
necessity of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:......is poised to construct shops in the place of
the car park at Karwanbazar. Karwanbazar is a commercial place where many
important offices, vegetable market, and media head offices are situated.
Moreover VIP road is passing around this area. It is hence, always necessary to
keep traffic moving at ......the petitioner in its
pleading.
None appeared to oppose the Rule.
10. It goes without saying, and we are, we suppose, quite
entitled to take judicial notice of the fact that Dhaka traffic management is
in a state of disarray. Plentitude of reasons are attributable for such a
shamble. A..
Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15
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: ......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......egorically stated about only one blow given by the appellant, Muzibur Rahman on the head of the deceased and none said about any second attempt by him to cause further injuries or any other overt act and this fact substantiates the submission of Mr. Shahjahan that the appellant had no inte......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
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
.... acre. His case is that the plaintiff's father Ashidulla, the mutawalli, with prior sanction of the Administrator of Waqfs leased out 0.92 acre of land of plot No.932 at a premium of Taka 300 and handed over possession on the same day. He developed the land and constructed houses in a porti......os. 1 (the defendant) on the ground that his father though executed the lease deed in respect of the suit land measuring an area of 0.92 acre, he did not pay the salami and rent and also did not take over possession of the suit land and thus, the defendant violated the terms of the lease deed, and t...... Waqfs to transfer any part of a waqf property with previous sanction of the Government for the improvement and benefit of the waqf, and section 34 empowers to take administration, control, management and maintenance of any waqf property. 8. According to Mr. Bhuiyan, the power of sanc..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
.... and materials of the case. 13. K.M. Zahid Sarwar, learned Deputy Attorney General with Dr. Bashirullah the learned Assistant Attorney General appearing for the State opposite party on the other hand submits that when exercising this Jurisdiction under section 561A of the Code of Criminal Proce......petitioner No.2 and others after tragic demise of his minor son named SM Akash. On 30.04.07 the 10 years old son of the informant fell ill due to fever. After preliminary treatment he was not recovered and was taken to the out door of the Jhinaidha District Hospital on 06.05.07 where Dr. Basiru......measured the weight and instructed to bring oxygen cylinder and sucker machine. After the patient was taken to O.T. he died. The informant later on came to know that his son died due to total mismanagement and negligence of the petitioner and others. 3. The complaint was filed which was ac..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....rbitration, the Court has the power to supersede the reference and thereupon order that the arbitration agreement shall cease to have effect with respect to the difference referred. On the other hand if the Court finds that the arbitration agreement is of a general nature and contemplates conti......son for setting aside the award before making the award 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 En...... 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. ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....th the defendant-company for purchasing flat No.4/B (hereinafter referred to as the suit flat) of its project 'Heritage', DOHS, Banani to be constructed on the suit land. After the agreement had been handed over to the plaintiff, she found that the same was not signed by the owner of the suit land, ......defendant-company for purchasing flat No.4/B (hereinafter referred to as the suit flat) of its project 'Heritage', DOHS, Banani to be constructed on the suit land. After the agreement had been handed over to the plaintiff, she found that the same was not signed by the owner of the suit land, Brigadi......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
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....e power conferred by Section 3(2)(iii) of Act, 1947 the Money Changer License of the petitioner was canceled with a direction to deliver his original Money Changer License and the foreign currency in hand, if any, to Foreign Exchange Policy Division, Bangladesh Bank. The petitioner has challenged th......to the petitioner before revoking the license, As a result the license was not renewed by the respondents and the respondents were not obliged to give any show cause notice before taking any decision over the matter. He further submits that the petitioner right after the cancellation of his license ......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: ..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
....e of these plaintiff’s witnesses meticulously and come to a concurrent finding that the evidence of the witnesses of the plaintiff has proved the plaintiffs case sufficiently. On the other hand the contesting defendant has examined himself and only one witness in order to prove his c...... one brother of the defendant namely Prodip Barua @ Bappi manufactured the false and forged bainanama using those singed blank stamp papers and cartridge papers. That the plaintiff tried to take over possession of the suit land forcibly and as such the defendant filed a complain petition agains......, from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
..... Monir Hossain is a necessary party for resolution of the dispute and there is no materials before the Tribunal showing that there exists any dispute with Md. Monir Hossain as regards allocation and handing over possession of his portion as per agreement. Therefore, the application for addition of ......n the Agreement, as well as in the Arbitral Proceedings as the Project in question is a compact project. Therefore, in absence of another party of the contract, it is not possible to resolve the controversy amongst the parties. He further pointed out that all the parties are in possession in their r......of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
....rthy to believe and the ejahar story of kidnapping and rescuing the victim-child having not been proved at minimum level, the impugned judgment and order is liable to be set aside. 9. On the other hand, Mr. Md. Yousuf Mahmud Morshed, learned Assistant Attorney General appearing for the Staterespo......ded statements of the witnesses under section 161 of the Code. As he found prima facie case against the accused, submitted charge sheet under section 6(1) of the Ain. He further stated that there was overwriting on the time and date of occurrence in the first information report and further stated th......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)
....ent annexure-C relied upon the proposition made by the respondent that as they are currently negotiating with third party they may come back to the petitioner should the same fail. 8. On the other hand the learned Advocate Dr. Sharif Bhuiyan, appearing on behalf of the respondents submits that un...... respondents about the development of the said Hotel project. But later when the petitioner was made known that about the cancellation of the said lease on 11.2.2008 most illegally by then caretaker government the petitioner immediately preferred arbitration proceeding as per the lease agreement and......, upon which the petitioner Millennium Holdings Limited prayed for issuing notice to the respondents to show cause as to why the respondents shall not be restrained by an order from entering into any management agreement or any other similar arrangement with any third party other than the petitioner..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....to the Vendor, the Purchaser was in possession of the property since 1985 and the deed of agreement for sale was executed on 20.12.1986. According to the Purchaser, the possession of the property was handed over after the execution of the said deed of agreement. The Purchaser was unable to obtain th......Vendor, the Purchaser was in possession of the property since 1985 and the deed of agreement for sale was executed on 20.12.1986. According to the Purchaser, the possession of the property was handed over after the execution of the said deed of agreement. The Purchaser was unable to obtain the Incom...... 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. ..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
....rial Court to consider this aspect has caused a great prejudice to the appellant. Thus, the impugned Judgment and order of conviction and sentence is liable to be set aside. 9. On the other hand, Mr. Mohammad Taifoor Kabir, learned Advocate appeared in this case with the permission of this......tions 409/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. Since the convict-appellant was not present at the time of framing charge, the same could not be read over to him and the Court proceeded in his absence. 5. The prosecution in all examined four wit...... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....for the appellant, has made submissions in line with the leave granting order. 10. Mr. Abdur Rab Chowdhury, learned Counsel, appearing on behalf of the writ-petitioner-respondent, on the other hand, has supported the impugned judgment and order passed by the High Court Division. 11. From......graph-17 of the notification dated September 27,1982. The action of BJMC in transferring the petitioner to the disinvested Jute Mills was mala fide being violative of the 'policy guideline' of the Government. The petitioner had been discriminated by BJMC since many other Officers and staffs who we......affs who were initially recruited for disinvested Jute Mills were retained by it, but the service of the petitioner was transferred to disinvested Jute Mills in spite of being an Officer of BJMC. The management of the disinvested Jute Mills, Alhaj Jute Mills, totally mismanaged the affairs of Jute..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....ore, the petitioner submitted joining report to the respondent No.4. But the respondent No.4 instead of accepting the joining report issued a letter addressing the respondent No.5 intimating him that hand writing of the petitioner as appeared in the application for appointment and that of joining re......urendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.............Petitioners Vs. Saleha Akter....................ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
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