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Government of Bangladesh and oth­ers Vs. Md. Badal and another, 2012, 41 CLC (AD)

.... Present: Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J   Shamsul Huda J   Government of Bangladesh and oth­ers........Appellants Vs. Md. Badal and another…………………â€......e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......: The appeals are allowed. Maintainability of writ petition where specific criminal case has already been started When a specific criminal case is started and now pending before the con­cerned Special Tribunals, the criminal case should be resolved there. If the party wh......e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ..

Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20

Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)

....on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......gment April 16, 2012. Result: The petitions are disposed of. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XL, Rule 1 Appointment of receiver in a suit for partition It is not proper to appoint a receiver in a suit for partition. Mere existence o......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ..

Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92

Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)

....eme Court Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others………………………Petitioners Vs. Md. Abdus Sattar and others.........tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ......or the Petitioners. Abdur Rob Chowdhury, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record—For Respondent No.1. Not repre­sented-For Respondent Nos.2-12. Civil Petition for Leave to Appeal No.261 of 2011. (From the judgment and order dated 4th May, 2010 passed by th......tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ..

Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120

Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)

....   ......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135   ......s of being heard complying the demand of natural justice. Admittedly, all the three educational insti­tutions in questions were included in the list of MPO by the authority concerned. Before excluding these educational institutions from the list of MPO the authority concerned ought to ......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135   ..

Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13

Md. Mazakat Ali Harun and Others Vs. Export Import Bank of Bangladesh Limited and Others, 2012, 41 CLC (AD)

....l Wahhab Miah J Muhammad Imman Ali J Md. Mazakat Ali Harun and Others……………………….Petitioners Vs. Export Import Bank of Bangladesh Limited and Others……….Respondent Judgment April 9, 2012. ...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ......ers. Rokanuddin Mahmud, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For respondent No.8. None represented- For respondent Nos.1-7 & 9-13. Civil Petition for Leave to Appeal No. 1634 of 2009. Judgment Md. Abdul Wahhab Miah J.- This petition for...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ..

Category: Company Law | Date: 9 Apr, 2012 | Hits: 223

Majad Hossain and another Vs. State, 2012, 41 CLC (AD)

....y delivering it to the person on whom it is to be served; or (b) By sending it by registered post with acknowledgement due to that per­son at his usual or last known place of abode or business in Bangladesh; or (c) By publication in a daily Bangla national newspaper having wide circulation.] ......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ...... Lawyers Involved: SK. Zulfiqur Bulbul Chowdhury, Advocate instructed by Syed Mahhubar Rahman, Advocate-on-Record-For the Petitioners. None represented-For the Respondent. Criminal Petition for Leave to Appeal Nos. 361 And 366 of 2010. Judgment Md. Abdul Wahhab Miah J. - Identical f......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ..

Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618

ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... .........Respondents Judgment April 4, 2012. Result: The rule as well as the supple­mentary rule is discharged. Cases Referred to- Talekhal Progressive Fisherman Co-operative Society Ltd. Vs. Bangladesh, 1981 BLD (AD) 103; Chandpur Fisherman Co-operative Society Vs. Abdul Aw......pondent No.11.  Hosneara Begum - For the Respondent No.9.  Writ Petition No.9009 of 2010. Judgment Zinat Ara J.- In the Rule Nisi dated 11-11-2010, the petitioner sought for a direction upon respondent Nos.5-9 to consider/dispose of the petitioner's appli­cation dated ...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ..

Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45

M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....amrul Kader J M/S. Talukder Chemicals Limited, represented by its Managing Director, Mozzamel Haque Talukder alias H.M. Talukder…..........Plaintiff-appellants Vs. Government of Bangladesh and others…………............Defendant-respondents Judgment......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ......Narayangonj, in Title Suit No.64 of 2009, dismissing the suit. 2. Facts in a nutshell given rise to this appeal, are that, the appellants as plaintiffs instituted the Title Suit No. 64 of 2009 before the learned Joint District Judge, 2nd Court, Narayangonj impleading the respondents as defendan......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ..

Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113

Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)

....no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......iscellaneous Case No.2936 of 1997. Judgment Md. Ruhul Quddus J.- This Rule at the instance of the sole accused was issued on an application under section 561A of the Code of Criminal Procedure for quashment of the proceedings in Nari-o-Shishu Nirjatan Damon Case No.95 of 1996 under section 6(......no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158

Anti-Corruption Commi­ssion Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)

....on) Present: Md. Rezaul Haque J Anwarul Haque J Anti-Corruption Commi­ssion…………………….Petitioner Vs. Unipay 2U Bangladesh Ltd……………………Opposite Party Ju......48(1)2011 is hereby quashed. The trial Court is directed to pro­ceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......r or orders as to this Court may seem fit and proper. 2. Facts of the case, in short, are that one Md. Towfiqul Islam, Assistant Director, Anti-Corruption Commission, Head Office, Dhaka, being informant lodged first information report under Section ২(ট)(অ)/৪(২) of the Money Laundering......48(1)2011 is hereby quashed. The trial Court is directed to pro­ceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ..

Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138

Government of the People's Republic of Bangladesh & another Vs. Shahjahan & others, 2012, 41 CLC (AD)

....Present: Md. Muzammel Hossain CJ SK Sinha J MA Wahab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of the People's Republic of Bangladesh & anr............Appellants Vs. Shahjahan & others .......................... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 113. ......5 of 2009). Judgment SK Sinha J. - Leave was granted to consider the question whether the High Court Division was justi­fied in giving full relief to the writ petitioners with­out affording the appellants an opportunity of being heard and secondly, whether the unreported decision o...... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 113. ..

Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151

AHM Kamruzzaman Khan Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other, 2012, 41 CLC (HCD)

.... Director in a meeting held in the Kuliarchar Ground Nut Mill, wherein, defendant Nos. 2-6 were shown present in that meeting and passed the said resolution, though the defendant Nos. 3-5 were out of Bangladesh at the relevant period. On getting that information the plaintiff filed a General Diary e......39;s records along with a copy of this judgment at once. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18. ......nt under Order 7 Rule 11 of the Code of Civil Procedure filed by the defendant-respondents. 2. The material facts in short are that, the appellant as plaintiff filed Title Suit No. 162 of 2009 before the Court of learned Joint District Judge, 5th Court, Dhaka stating inter alia that R. Zaman &a......39;s records along with a copy of this judgment at once. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18. ..

Category: Company Law | Date: 19 Mar, 2012 | Hits: 689

Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)

.... (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J  Krishna Debnath J  Luthfor Rahman (Md.) and another.............Plaintiff-Appellants Vs. Bangladesh & others……………….....................Defendan......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......d in: 18 BLC (HCD) (2013) 124. ......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ..

Category: Others | Date: 18 Mar, 2012 | Hits: 5

Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)

....…………...........Respondents Judgment March 14, 2012 Result: Rule is disposed of. Cases Referred to- Kamaluddin Vs.Secretary, Ministry of Land, Bangladesh 56 DLR (AD) 212; Omar Sadat Vs. Bangladesh 6 BLC 289. Lawyers Involved: Aneek R......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 ......and master plan of the market has been prepared in such a way that all the shoppers can go about their business without filling congested. It's specious design to make the shoppers of the city comfortable and is still known to have all types of shop in one place. Moreover, the height and the arc......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 ..

Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2

Swadhin Chandra Mandal and others Vs. Bangladesh University Grants Commission (UGC), 2012, 41 CLC (HCD)

.... (Special Original Jurisdiction) Present: Mirza Hussain Haider J Md. Khurshid Alam Sarkar J Swadhin Chandra Mandal and others............................Petitioners Vs. Bangladesh University Grants Commission (UGC) and others........Respondents Judgment  ......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. .......2 is a student who sat in the said admission test as stated above under the said Unit-A (Application PIN No.894391 and Roll No.10146) and he has been kept in the waiting list and, currently, waiting for admission in the department of Animal Husbandry (Hons) Degree Course of PSTU. Petitioner No.3 is......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

Industrial Promotion and Development of Bangladesh Limited (IPDC) and another Vs. Mrs. Mohsina Rahman and others, 2012, 41 CLC (AD)

....dra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Industrial Promotion and Development of Bangladesh Limited (IPDC) and another..................Petitioners Vs. Mrs. Mohsina Rahman......r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing. Ed. This Case is also Reported in: 9 ADC (2012) 865. ...... the Petitioners. Qumrul Haque Siddique, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1. Not represented-For Respondent Nos.2-8. Civil Petition for Leave to Appeal No.1520 of 2011 (From the judgment and order dated 15.3.2011 passed by the......r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing. Ed. This Case is also Reported in: 9 ADC (2012) 865. ..

Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7

Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)

....9-9-2005 passed by the learned Joint District Judge, Second Court, Gazipur, dismis­sing Title Suit No.4 of 2002. 2. Plaintiff's case, is that, plaintiff was allotted plot No.151 of Tongi Bangladesh Small and Cottage Industry (BSIC) Industrial Area and he installed a company under name a...... 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.  ......acknow­ledgement due to the proper address of the addressee then it is deemed to be presumed that notice has been served….....(16) Necessity to complete or exhaust provisions of law before coming to the Court When the law provides for appeal as such, before come to the Court, li...... 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

Assistant Horticulturist, Agriculture Extension Division, Crop Section Vs. M. A. Sattar Bhuiyan, 2012, 41 CLC (AD)

....he tahshilder and as such the said mutation was cancelled legally and a proceeding was started in the Anti-Corruption Department against that tahshilder and circle officer. That after independence of Bangladesh the non-Bengali owner of the suit land along with other lands left this country and as su......d dis­posal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ......instructed by B, Hossain, Advocate-on-Record—For the Petitioners. Mahmudul Islam, Senior Advocate instructed by Mrs, Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.46 of 2010. (From the judgment and order elated 08.10.2009 passed by the......d dis­posal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ..

Category: Property Law | Date: 12 Mar, 2012 | Hits: 94

Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)

.... 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. ...... 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. ......Record-For the Respondent No.1. (In all the cases) Rafique-ul-Huq, Senior, instructed by Md. Shamsul Alam, Advocate-on-Record—For Respondent No.2. (In all the cases) Criminal Petition for Leave to Appeal Nos. 266-69 of 2011. (Form the judgment and order dated 28-9-2010 passed by...... 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)

.... Supreme Court High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Muhammad Khurshid Alam Sarkar J Human Rights and Peace for Bangladesh (HRPB), represented by its secretary Asaduzzaman Siddiqui…………………….... Pe...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ...... ...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17