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Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)

....aintainable in its present form. The learned counsel further contends that the South East Bank Ltd is a private Bank against which writ petition does not lie. Moreover, the government has been made a party in the petition which is a cunning device only to attract Article 102 of the Constitution and ......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ..

Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7

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

....was appointed by the bank and in his cross examination PW 1 failed to assert the steps taken by the shipping agent appointed by them in due course. It further appears from the cross examination that apart from Taka. 20,000 deposited earlier, the bank received Taka. 1, 20,000 further amount from the ......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)

....ittee found that a loan was given by the Uttara Bank, Narayanganj Branch to the company, namely, M/S. Nordisk Agency Ltd. One “Abul Kashem” was recorded as the guarantor of the said loan, but his particulars were not traceable. So in the first letter dated 02.12.2008 the name of the appellant ......uld be taken. But neither the said reply nor the notice could be served because of nonavailability of the appellant. However, objection raised by the appellant along with his reminders is still under investigation. So the information given by the Telephone Revenue Office, Mymensingh to the Returning..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

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

....y Commission (BTRC) and others……...............Respondents Judgment  February 13, 2012. 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 provi......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

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

....ession of the defendant Nos. 1-4; defendant No. 5 Rezia Begum along with her minor children i.e. Dulari, Rena Akhter and Rana Talukder as plaintiffs instituted said Title Suit No. 168 of 1991 seeking partition of their share in the suit schedule land i.e. Ka, Kha, Ga and Gha of the plaint impleading......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

Human Rights and Peace for Bangladesh (HRPB) Vs. The Mayor, Dhaka City Corporation and others, 2012, 41 CLC (HCD)

.... has claimed that it receives no fund from abroad or from any citizen of the country except the lawyer members and that due to present high volume of cases it is pursuing, it is not possible on its part to bear the cost of the cases filed before the Hon’ble High Court Division as public intere......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:..

Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15

Abdur Razzak Vs. State, 2012, 41 CLC (HCD)

.... Abdur Razzak……………………..Accused-Petitioner Vs. State………………………Opposite party Judgment February 2, 2012. Result: The Rule is disposed of.  The......ther FIR named employ­ees of the Bank committed the offence under sec­tions 406, 409, 420 and 109 of the Penal Code read with section 5(2) of Prevention of Corruption Act, 1947. 8. After investigation an Anti Corruption Officer submitted charge-sheet dated 23-11-1988 against this accuse..

Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134

Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)

....sband Md. Kamruzzaman. On receipt of the said complaint, learned Judge of the Tribunal sent it to Mirpur Police Station for recording an ejahar and to investigate the case by Criminal Investigation Department (in brief CID) of Police. Accordingly, the Police recorded the case as Mirpur Police Statio......investigate the case by Criminal Investigation Department (in brief CID) of Police. Accordingly, the Police recorded the case as Mirpur Police Station Case No. 80(9)03. 3. The CID of Police, after investigation submitted final report in favour of the appellants. Taking objection thereto, the vict..

Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169

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

....udgment February 1, 2012. Result: The appeal is dismissed commut­ing the sentence of death to imprisonment for life. Conversion of the Conviction There is no scope on the part of the High Court Division to alter the conviction of the appellant The High Court Division is ......time. He simply deposed that he arrested the accused including the appellant from the gate of the said police sta­tion, P.W.15 is the Officer-in-charge of Jointapur Police Station who took up the investigation of the case on 27-7-1995 from the previous investi­gation officer and submitted th..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6

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

....;………….Respondents Judgment  February 1, 2012. Result: The appeal and the leave petition are dismissed. A mutawalli cannot grant lease of any part of waqf property in perpetuity with prior sanc­tion of the Administrator. The language used...... heading "Powers and Functions of the Administrator and the Committee" like saplings in a row. Section 27 relates to the gen­eral powers and functions of the Administrator which include investigation and determination of the nature and extent of Waqfs and waqf properties, inspection of..

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

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

....p;………………….......Petitioner Vs. The State and another…………………………Opposite parties Judgment January 26, 2012  Result: The Rule is discharged. Whe......Thana Case No.02 dated 02.06.07 under section 304A/34 of the Penal Code was lodged. 4. The Investigating Officer Mozammel Hossain, Sub-Inspector, Jhenaidaha Thana, was entrusted with the task of investigation of the case. During the investigation, he examined five witnesses including deceased&#..

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

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

..... The respondent in order to maintain the speed in the work made payment of Taka 7, 00,000 (seven lakh) only as advance against consultant's fees pending execution of formal agreement between the parties. The appellant completed the work and submitted the draft final plans and reports on 14-6-19...... 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)

....agreement with defendant No.2 to purchase a flat being No.2/A, Tulip DOHS, Street No.6/B (Banani) within Cantonment Police Station. The sale price of the above flat was fixed at Taka 30, 00,000. A tripartite agreement was executed accordingly. The plaintiff paid a sum of taka 8, 00,000 (eight lac) t......er, defendant No.2 also filed a petition of complaint before the Chief Metropolitan Magistrate, Dhaka being Complaint Case No.584 of 2005. The petition of complaint was sent to the Police Station for investigation, but the police submitted final report against which the defendants filed naraji petit..

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

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

....l by its order dated 9-8-1993 took cognizance into the Case against the accused-petitioner under section 19(A) and (f) of the Arms Act. 5. The learned Sessions Judge after hearing the respective parties by the impugned judgment and order dated 9-8-1993 rejected the Criminal Miscellaneous Case. ...... recovery of such pistol and cartridges Dhanmondi Police Station Case No. 21(2) 93 under section 19A and (f) of the Arms Act, 1878 was started against the accused-petitioner. 3. The police after investigation into the case submitted charge-sheet against the petitioner on 18-6-1993 under section..

Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2

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

....sh;For the Respondent No.4. First Miscellaneous Appeal No.135 of 2008 With First Miscellaneous Appeal No.215 of 2008. Judgment Sharif Uddin Chaklader J. - These two appeals by the same parties, Appeal from Original Order No.135 of 2008 directed against Order No.162 dated 28-2-2008 and......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

Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)

....Party in the Proceedings- After appreciating the provisions of section 7A and 21 of the Arbitration Act, 2001, it is manifest that the application for addition of patty by the 2nd party to implead the 3rd party in the proceedings does not come within the ambit of law. Therefore, ......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)

....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: ...... the time of rescuing her son, the informant was accompanied by Jahanara Begum, Jhantu and some others. 4. The ejahar gave rise to Jhenaidah Police Station Case No.10 dated 9.3.2002. Police, after investigation, submitted charge sheet on 7.5.2002 against both the appellants under sections 6 (1) o..

Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155

SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)

....m Khan, Advocate - For the Petitioner. No one appears - For Respondents. Writ Petition No.8442 of 2011. Judgment Md. Ashfaqul Islam J.- Let the supplemen­tary-affidavit be formed part of the main application. 2. At the instance of the petitioner Messrs SS Enterprise, this R......tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ..

Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102

Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)

....e judgment and decree in Title Suit No.4 of 1998 passed by the Subordinate Judge (now Joint District Judge), Additional Court, Dhaka. 2. Both the appeals arise out of litigation between the same parties concerning land situated at Plot No.6, Block No. NW (A), Road No.69, Gulshan Model Town, Dha...... 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

Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....tion and Privileges of the Hon’ble Judges of the Supreme Court of Bangladesh, to keep the same at pace with the usual hikes in the cost of living. 6. Like the superior Court judges in other parts of the world, SC Judges of Bangladesh also hold offices under the Constitution. Their remune...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12