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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......ixed to sections or sets of sections in some modern statutes are regarded as preambles of those sections. They cannot control the plain words of the statute but they may explain ambiguous words. Head notes may, in some cases, be looked upon in the light of preambles if there is any ambiguity in the ..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......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
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...... 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, ......ll the suit flat to any one else (g) the developer finished the construction work of the project 'Heritage' more than 80% are concurrent. It is also necessary to state that of the concurrent findings noted hereinbefore, the first two findings are based on the admission of defendant Nos.4 and 5 in th..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......pellant, unless failure of justice is occasioned or that it would not be in public interest to do so in a particular case, this Court may refuse to grant relief to the employee concerned. It is to be noted that legal formulations cannot be divorced from the fact situation of the case. Personal heari..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......, 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 ......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......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......agement agreement automatically terminated on 3.7.2008. Thereafter following the termination of the management agreement the petitioner informed about the alternative site for the construction of the noted which the respondent did not accept. Therefore the instant application under Section 7(a) is n..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......le time and opportunity within which to perform her part of the contract, and having failed to do so, he cannot be entitled to a decree of specific performance of contract. 15. At the outset, we note that the agreement for sale is quite unusual, inasmuch as there is no termination clause. Gener..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...... 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......at the petitioner addressed the same to the Managing Director of M/s Al-haj Jute Mills Ltd with the request to accept the same and thus oblige him without any reservation. In this regard, it is to be noted that although the petitioner gave representations to the concerned authorities to transfer him..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......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
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
....cal father he is also ready to bear the expenses and maintain the child in accordance with law but on such ground the bail, which has already been granted, cannot be re-called. 6. On the other hand, Mr. Zahirul Haque Zahir the learned Deputy Attorney-General has strongly opposed the Rule alle......the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....the failure of the Tribunal to comply with the provisions of sub-section (6) of section 27 of the Act, the order of conviction and sentence recorded against him stands vitiated. 10. On the other hand, Mr. Manjur Kader, learned Assistant Attorney-General appearing on behalf of the State-opposite......er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....Mizanur stated that he lend some money to the present petitioner which do not constitute any offence under any law. The intention to deceive was not alleged even by the complainant. On the other hand, accused Mizanur in his confessional statement said that in order to help the petitioner's ...... to an offence. Even there is any attempt to commit an offence within the definition of an offence as given in section 40. Offences are created by statute; section 40 of the Penal Code says offence denotes a thing punishable under the Code or under any special or local law. Section 4 (c) of the Crim..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....ules, 1979 and, as such, the impugned judgment and order is liable to be set-aside. 9. Mr. Israfil Hossain, learned Counsel, appearing for the writ-petitioner-respondents, on the other hand, has supported the impugned judgment and order relying upon the Recruitment Rules, 1979. &......s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
.... Padayachi Vs. Emperor, AIR 1926 Madras 638; Kallam Narayana Vs. Emperor, AIR 1933 Madras 233; Abdul Ghani Vs. State of Uttar Pradesh, (1972) SCWR 83 (843); State Vs. Khasru, 43 DLR (AD) 182; Girash Chandra Vs. State of Uttar Pradesh, AIR 1971 SC 1050; State Vs. Lal Miah, 39 DLR (AD) 117; Osman Gani......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
....es of the Court and to secure ends of justice the proceeding may be quashed. In support of her submission she refers the case of Abdul Quader Chowdhwy Vs. State, 28 DLR (AD) 38. 20. On the other hand, Mr. AKM Ali, the learned Advocate appearing with Mrs. Ayesha Akhter for the complainant Opposi...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
.... appellants along with others as defendants seeking a decree for declaration of title and for a further declaration that three kabalas one dated 18-11-1974 executed by Abdul Hashem in favour of Chand Miah the defendant No.1, registered kabala dated 2-12-1974 executed by Abdul Hashem in favour o......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
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