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Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
....al to the Election Commission against the decision of the Returning Officer taken on 4-12-2008 accepting the nomination paper of the petitioner. 10. In respect of loan of the Sonali Bank and the relevant CIB report, his case is that he did not take any personal loan from the Sonali Bank; rather...... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ......Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md. Shamsul Huda J Abul Kashem.... .........................Petitioner Vs. Major General Mahmudul Hasan (Rtd.) and others……......Respondents Judgment June 5, 2012. Result: The...... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)
.... judgment of the High Court Division rejecting his application for quashing the proceedings pending before the learned Additional Metropolitan Sessions Judge, 4th Court, Chittagong. 2. Facts relevant for disposal of this petition is that pursuant to a complaint made by the respondent No.2......n have discharged the rule on assigning proper reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ......J Md. Shamsul Huda J Md. Mofizur Rahman…………………………………………………….Petitioner Vs. The State, represented by the Deputy Commissioner, Chittagong and another..............................................Respondents Judgment June 4, 2012......n have discharged the rule on assigning proper reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ..Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
.... to give emphasis) 16. In the instant case, 3rd proviso to section 159 (6) of the Ordinance has not been repealed by the Finance Act, 2002. Therefore, the Tribunal, on careful examination of the relevant provision of section 159(6) of the Ordinance refused to allow, the appeal by applying the p......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 ..............................Respondent Judgment June 3, 2012. Result: All the questions raised in the reference applications are decided in the affirmative in favour of the Department and against assessee. Case Referred To— Md. Yasin Miah and others Vs. Bangladesh and...... as bridge loan to the assessee-applicant. 25. The assessee-applicant basically tried to set up a case on the basis of two agreements vide Annexures-E and E-1 to the reference application. These documents are purely agreements to pay loan of Taka 14 crore but these agreements do not prove that ..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....Wahhab Miah J, I agree with the conclusions arrived at by my learned brother but since a vital question of law is involved in this appeal, I would like to express my own opinion. 3. Though facts relevant for the disposal of the question involved in these appeals have been exhaustively narrated ......stice in awarding capital punishment to the petitioners under the facts and circumstances of the case which is not warranted by law. He lastly submits that the convict-petitioners submitted papers to show their age in the trial court at the very beginning of the trial and it will be seen f......ossain CJ Surendra Kumar Sinha J Abdul Wahhab Mian J Naztnun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Mehedi Hasan @ Modern (Md.) and others…….............Appellants Vs. State………&hellip......on/formation of a firsthand idea as to whether the person is a child or not would be needed or called for. There may be cases when the age of the person so brought is mentioned in the above mentioned documents as 16 or any other approximate age (but not under 16) or even above, there may be cases wh..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
.... 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
...... 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
......Jurisdiction)
Present:
Syed Refaat Ahmed J
Md. Akram Hossain Chowdhury J
PHP Float Glass Industries Ltd......................Petitioner
Vs.
Commissioner Customs, Excise and VAT and others.......Respondents
Judgment
May 30, 2012.
Result:
The rule is ......nt No. 1, Commissioner of Customs, Excise and VAT Commissionrate, Agrabad, Chittagong, on 22-10-2006 and submitted a written statement in support of his price declaration along with all relevant documents on 9-11-2006. The respondent No.1 upon perusal of the same passed an order on 15-11-2006 u..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ...... as such, there has been miscarriage of justice." 11. We have considered the submissions of the learned Advocates, the impugned judgment and order delivered by the High Court Division and the papers incorporated in the paper book. 12. Admittedly there was a Niskor Taluk in the name of Mohes......resent: Surendra Kumar Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md.lmman Ali J Md. Shamsul Huda J Hedayetullah and others….......Appellants Vs. Foyjun Nessa Begum and others……………Respondents Judgm......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....use there was no such foundation in the writ petitions and connected affidavits and in fact no such material on record was found in the cases. ...... (44) Observation— Sweeping Remark or Irrelevant Observation A court shall avoid of making any sweeping remark or irrelevant observatio...... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......l Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others…......Appellants Vs. Nurul Amin and anothers..................Respondent......said orders have been made without lawful authority and are liable to be set aside. 40. On careful scrutiny of the writ petitions, impugned judgments, Affidavits-in-Opposition and other relevant documents on record it appears that there was no allegation of physical and mental torture. Apa..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
.....1970 was rejected on 27.08.1970. In this regard, the High Court Division considered sub-section (13) of section 143A of the Act (since repealed) which provided that for the purpose of review, the relevant provisions of the Code, that is, Order XLVII thereof shall be made applicable for the purp......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Mintu Chowdhury...............................Petitioner Vs. Khurshid Nayeem and others......................Respondents Judgment May 28 and 29, 2012. Result: ......of law and the document that the findings given and the observations made by the High Court Division in the impugned judgment and order are the result of non consideration or misconstruction of the documents annexed to the writ petition, the affidavit-in-reply as well as the affidavit-in-opposit..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)
....equired to be confirmed. 8. But it appears that the resolution has wrongly mentioned the position of the amended clause of mortgage power as after object clause No.39 despite the fact that the relevant borrowing power is available at object clause No.36 Therefore, the number of the amended ......he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ......on (Statutory Original Jurisdiction) Present: AFM Abdur Rahman J Aqua Culture Farms Limited…………………Petitioner Vs. The Registrar of Joint Stock Companies and Firms.........Respondent Judgment May 28, 2012. Result: The application is ......he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ..Category: Company Law | Date: 28 May, 2012 | Hits: 32
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....ion and 5 acres of land was acquired by the Government but IPGMR having no fund and informed it has Taka 45,00,000 (forty five lacks) only, which the defendant No.1 was able to contribute at the relevant time and only the land covered by the said money may be acquired and as per said price, per......en to the plaintiffs. From defendant No.2 plaintiffs further came to know that one Shuktara Printers Company Ltd filed Title Suit No. 224 of 2004 against the acquisition proceeding where all the papers of land acquisition case No.2/78-79 were submitted. Plaintiffs went to the learned ......Reported in: 18 BLC (HCD) (2013) 182. ......(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ......esigned from the said post, thereafter, the said post of lecturer Sociology was declared vacant and the College authority invited application through advertisement in the local and national daily newspapers. The Selection Board conducted interviews where the petitioner stood first and accordingly wa......: Syed Refaat Ahmed J Md. Ashraful Kamal J Topon Kumar Roy……………………………..Petitioner Vs. Bangladesh and others.......................Respondents Judgment May 24, 2012 Result: The R......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....o.1 SA Plot No.6340 of Mouza Mymensingh Town, Police Station Kotwali, District-Mymensingh and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts relevant for disposal of the, Rule, in short, are that Satish Chandra Datta and Ramesh Chandra Datta......andra Datta. Thereafter, the father of the petitioner excavated a pond in the suit land and by operation of law the status of Abdul Aziz as tenant was upgraded under Government. Abdul Aziz snowed his papers to the employees of settlement and survey for the purpose of preparation of SA record in the ...... High Court Division (Special Original Jurisdiction) Present: Naima Haider J Farid Ahmed J Golam Ambia (Harun)......................Petitioner Vs. Bangladesh and others....................Respondents Judgment May 22, 2012 Result: T......ndra Datta. The father of the petitioner was possessing the land by paying rents to the original tenants by rent receipts. In the year 1971 during me Liberation War the rent receipts along with other documents of Abdul Aziz were destroyed. After the independence of the country Satish Chandra Datta a..Category: Others | Date: 22 May, 2012 | Hits: 9
Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)
....ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ......3 BLC 713 in support of her contention. 5. We have heard the learned counsel for both sides. We have also gone through the petition, affidavit-in-opposition-impugned order and other related papers and documents with the petition carefully, nobody disputes the proposition of law relating to......qul Islam J Mustafa Zaman Islam J Marzan Abedin………………………….Petitioner Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others.........Respondents Judgment May 15, 2012. Result: The Rule is made a......n support of her contention. 5. We have heard the learned counsel for both sides. We have also gone through the petition, affidavit-in-opposition-impugned order and other related papers and documents with the petition carefully, nobody disputes the proposition of law relating to warrant of..Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ......circumvent the complete bar against such petitions as provided under Articles 47(3) and 47 A of the Constitution. 7. Heard the submissions of the learned advocates, perused the writ petition and papers annexed thereto. On the issue of locus standi Mr. TH Khan submits that since one Advocate'......sion (Special Original Jurisdiction) Present: Farid Ahmed J Sheikh Hassan Arif J Advocate Murshedur Rahman Chowdhury...........Petitioner Vs. Bangadesh and others...... ......................Respondents Judgment May 13, 2012. ......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......urt Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Md. Shahidul Islam......................Petitioner Vs. State and another....................Opposite parties Judgment May 13, 2012. Result: ...... of occurrence is at Pabna, threat in Dhaka, G.D. in Dhaka and the same is not out of jurisdiction and the proceeding of the instant case cannot be quashed on the basis of the defence materials or documents in support of his contention. The learned Assistant Attorney General refers the case of N..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
.... order dated 1-12-2009 passed by the learned Additional District Judge, 2nd Court, Dhaka in Arbitration Miscellaneous Case No.543 of 2009 setting-aside the Arbitral Award dated 21-6-2009.
2. The relevant facts for disposal of the Miscellaneous Appeal may be stated as follows:—
A...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
......sion
(Civil Appellate Jurisdiction)
Present:
Khondker Musa Khaled J
SH Md. Nurul Huda J
Maisha Corporation (Pvt.) Ltd..........................Appellant
Vs.
Bangabandhu Sheikh Mujib Medical University (BSMMU) and others…....Respondents
Judgment
M......lied Washing Plant was inadequate (63% deficit) for washing 2000 bed hospital facilities. The claimant-company did not supply Extractors and other machineries as per specifications of the tender documents submitted at the first stage tender. Under the General Conditions of Contract, the purchas..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......ect finding that the plaintiffs could not prove their title to the suit land. 10. We have considered the submissions of the learned Senior Advocates, the impugned judgment and order and the papers incorporated in the paper book. 11. To begin with, it is necessary to see on the submiss......R (AD) (2012) 127. ......ortion of the first schedule land attracted by the aforesaid two plots. Taking advantage of the wrong recording of the suit property in SA Khatian, defendant Nos.1 to 4 collusively created fraudulent documents to lay claim of title to the first schedule property to the extent of land measuring 4.20 ..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
.... provision of section 27 of the General Clauses Act, 1868 and section 106 of Transfer of Property Act it is deemed to be good service as postal receipt was submitted by the landowner as evidence, the relevant date is the date on which it is served which is also presumed to be correct under section 2...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ...... (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Dr. Moos Bin Shamsher.....................Defendant-Appellant Vs. Ayub Ali and others..........................Plaintiff-Respondents Judgment May 7, 2012. Resul...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....l expressed their desire to make further submissions, we treat this case as an exceptional one and recall the unsigned orders in exercise of inherent powers of this Division. 3. Short facts relevant for the disposal of these petitions are succinctly narrated thus: 4. Grameen Bank Ordi......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Professor Muhammad Yunus..................Petitioner (In Civil Petition No.640 of 2011) Rahima Begum and others......................Petitioners (In Civil Petition No.641 of 2011) Vs. Banglad......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
.... Court may seem fit and proper. 2. Pending hearing of the Rule, the petitioners were permitted to complete the construction of the 3rd floor at their own risk. 3. Fact relevant for the purpose of disposal of the Rule in short are that That opposite-party her......on against the order of ad-interim temporary injunction passed by the learned District Judge in arbitration Miscellaneous; this point is main issue to be decided here. 20. On perusal of the papers and documents filed by both the parties in as much as after hearing both the parties, th......ported in: 18 BLC (HCD) (2013) 285. ......uated order referring to the facts and circumstance and merit of the case referred to by both 1st party and opposed by the 2nd party and the learned District Judge after perusal of all the papers and documents he has passed the impugned order rightly after evaluating the papers and documents submitt..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
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