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Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

.... Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No.1. Not represented-For Respondent No.2. Criminal Petition for Leave to Appeal No.113 of 2010. (From the judgment and order dated 18.02.2010 passed by the High Court Division in Criminal Revision No.811 of 1995) Judgmen...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ..

Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238

Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)

....esented-For Respondent Nos.2-8. Civil Appeal No.183 of 2011. Judgment Nazmun Ara Sultana J.- This appeal, by leave, at the instance of the writ respondent No.6 is from the Judgment and Order dated 07.10.2010 passed by a Division Bench of the High Court Division in Writ Petition No.3656 of 2......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ..

Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208

Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)

....5. Judgment Md. Ruhul Quddus J.- This Rule at the instance of a convict was issued on an application under section 561A of the Code of Criminal Procedure for quashment of judgment and order dated 26.5.2003 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Moulvibazar in Nari-Shishu Nirj......cquitted of the charge and be set at liberty forthwith, if otherwise 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: 29 Feb, 2012 | Hits: 168

M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)

.... instructed by Nurul Islam Bhuiyan, Advocate-on-Record —For Respondent No.1 (In both the cases). Civil Petition for Leave to Appeal Nos.1588 and 1589 of 2009. (From the judgment and order dated 18.03.2009 passed by the High Court Division in F.A. No.345 of 2000 and F.A. No.564 of 2000.) ......reason and as such the plaintiff was not entitled to get any relief; that the plaintiff is guilty of concealment of material facts and as such the contract of insurance became void ab initio being in breach of the plea of utmost good faith; that the claim of the plaintiff is contrary to the terms, c..

Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616

Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)

....BM Nurul Islam, Advocates—For the Opposite-Parties. Civil Revision No.188 of 1998. Judgment Sharif Uddin Chaklader J.- This rule by defendant directed against judgment and decree dated 4-9-1997 passed by the learned Sub-ordinate Judge, 2nd Court, Naogaon allowing Title Appeal No......s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191  21 BLT (HCD) (2013) 39   ..

Category: Property Law | Date: 23 Feb, 2012 | Hits: 6

Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)

....sh; For Appellant None appears—For the Respondent First Appeal No. 209 of 1997 Judgment Abu Zafor Siddique J. — This appeal is directed against the judgment and decree dated 3-6-1996 (decree drawn on 10-6-1996) passed by the Subordinate Judge and Artha Rin Adalat, Nao......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

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

....ate-on-Record-Respondent No. 7. Md. Abdur Nur, Advocate-on-Record- For Respondent No. 8. Not represented- Respondent Nos. 2-6 & 9-10. Civil Appeal No.27 of 2011. (From the judgment and order dated 15.12.2009 passed by the High Court Division in Election Petition No. 8 of 2009) Judgment Sy......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

Grameen Phone Ltd Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) and others, 2012, 41 CLC (HCD)

.... Judgment Sheikh Hassan Arif J. - Rule Nisi was issued calling upon the respondents to show cause as to why the decision of the respondent No.1 (BTRC) issued vide Memo No. BTRC/LL/ Mobil/License dated 17-10-2011 (Annexure-I) ("impugned memo") under the signature of the respondent No.4......ment that at the time of renewal of the licence no additional charge would be applicable for the same. According to them the application of 1.48 MCF in respect of the said assignment of 2008 not only breaches the contract between the parties but is also contrary to the provisions of law applicable t..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15

Major General Amjad Khan Chowdhury (Retd.) Vs. Parle Agro Products Ltd. & another, 2012, 41 CLC (HCD)

....registered. 4. It has been further asserted that the superior quality of the fruit juice manufactured and marketed by the petitioner and the continuous use of the Trade mark "FRAN FROOTO" from the date of launching and due to vigorous sales promotion measure under­taken by the petitioner from ti......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)

.... Syed Mahbubur Rahman, Advocate-on-Record—For the Petitioner. Respondents—Not represented. Civil Petition for Leave to Appeal No.484 of 2009. (From the judgment and order dated 13.01.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.34 of 2008). ......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ..

Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

....Curia. First Appeal No.527 of 2001. Judgment Nazrul Islam Chowdhury J.- This appeal at the instance of the defendants as appellants has been brought challenging the judgment and decree dated 17-7-2001 passed by the learned Sub-ordinate Judge, Additional Court and Artha Rin Adalat No. ......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. ..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....5 years, and beyond that only with the previous sanction of the Administrator of Waqfs, provi­so to the section has given a further rider that even the sanction by the Administrator shall not validate any transfer which is in contra­vention of any other law for the time being in force or is ......, of course be applicable. The proviso to section 81A puts an embargo on non-agricul­tural tenant against sub-letting of non-agricul­tural land containing a provision of forfeiture in case of breach of this prohibition. 38. Section 81 of Act, 1950 says that after coming into force of Pa..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)

....was filed which was accepted under section 156(3) of the Code of Criminal Procedure and the Officer-in-Charge of Jhenaidaha Sadar Thana was directed to treat it as F.I.R. As per the court's order dated 02.06.07, a case being Jhenaidaha Sadar Thana Case No.02 dated 02.06.07 under section 304A/34 ......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ..

Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11

Mosharref Hossain Vs. Governor, Bangladesh Bank and others, 2012, 41 CLC (AD)

....Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record—For the Petitioner. For the Respondents—Not represented. Civil Review Petition No.126 of 2009. (From the judgment and order dated 25th May, 2009 passed by the Appellate Division in Civil Petition for Leave to Appeal No.1647 ......hed to the license must be strictly fol­lowed. A claim of violation of fundamen­tal rights guaranteed by Articles 31 and 40 of the Constitution does not exonerate or indemnify a license holder from breach of the terms and conditions of the license.....................................(6) Lawyers..

Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148

MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)

.... the Appellant. Mahbubey Alam, Senior Advocate, instructed by Md. Wali-ul-Islam, Advocate-on-Record—For the Respondents. Civil Appeal No. 223 of 2005 (From the judgment and order dated 27-7-2OM passed by the High Court Division in F.A. No. 282 of 2003) Judgment Md. Muz...... 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)

....hman, Advocate-on-Record—For Respondent No.1.  None represented—For Respondent Nos.2-10.  Civil Petition for Leave to Appeal No. 530 of 2011. (From the judgment and order dated the 8th day of June, 2010 passed by the High Court Division in First Appeal No.328 of 2007). ......ormance of the contract, can very much be enforced against them within the meaning of section 27 of the Specific Relief Act. Therefore, the Court below rightly decreed the suit. It may be stated that breach of agreement to sell a flat to be constructed on the suit land cannot be adequately compensat..

Category: Property Law | Date: 22 Jan, 2012 | Hits: 87

Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)

.... Criminal Revision No.1283 of 1993. Judgment M Enayetur Rahim J. — This Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the judgment and order dated 9-8-1993 passed by the Sessions Judge, Dhaka, in Criminal Miscellaneous Case No. 1313 of 1993 ......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234     ..

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)

....he Respondents. Custom Appeal No.73 of 2008. Judgment Md. Ashraful Kamal J. - This customs appeal was presented at the instance of Warid Telecom International Limited against the Order dated 31-1-2008 passed by the Customs Excise and মূল্য সংযোজন কর Appellate......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188.   ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8

Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)

....ul Islam J. - At the instance of the petitioner, Amzad Hossain, this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned Memo No. BAIMUNI (L.D. A1) 144/278/2004-677 dated 4.4.2004 (Annexure-D) canceling the Money Changer license of the petitioner issued by Foreign ......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

Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)

.... 1908 on the grounds provided in the said provisions. In the instant case the judgment debtors once filed an application under Order XXI Rule 90 of the CPC. The exe­cution court vide order No.150 dated 15-3-2004 rejected the said application of the judgment debtors after giving detailed reasonin......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30.       ..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4