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Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......te Division (Civil) Present: Surendra Kumar Sinha J Md. A Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Bangladesh Biman Corporation and others..........Appellants (In all appellants) Vs. Md. Zahangir Farazi and others...........oners were engaged in casual services against vacant posts, the Biman, in order to regularize those posts, made advertisements in the National Dailies and thus, the petitioners were deprived of their legal rights to be appointed in the permanent posts. The petitioners had been successfully performin..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ......Present: Md. Rezaul Hasan J Golam Rahman………………………..................Petitioner Vs. Registrar of Joint Stock Companies and Firms and others.........Respondents Judgment August 6, 2012. Result: The ap......y of the same. The main contention of the respondent No.3 is that the return of allotment shows 6, 17,000 shares in the name of the petitioner respondent No.3. So, this is a prima fad evidence of his legal ownership in respect of those shares and that the documents submitted by the petitioner to sup..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....procedure cannot be considered fatal if the evidence adduced by them in court appears to be credible after sifting. 14. In the case in hand, both the trial Court and the High Court Division properly assessed the evidence of the witnesses adduced before the Court and found that there was no......n 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 Shahjahan Khalifa and others.................Petitioners Vs. State................................................iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....nal Procedure cannot be considered fatal if the evidence adduced by them in court appears to be credible after sifting. 16. In the case in hand, both the trial Court and the High Court Division properly assessed the evidence of the witnesses adduced before the Court and found that there was no......mel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Shahjahan Khalifa and others..........Petitioners Vs. The State......................................Respond......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....he averments, inter alia, that the defendant on receipt of Taka 1,50,000 as earnest money out of total consideration of Taka 2,00,000 executed a registered agreement on 27-9-1982 for selling the suit property to the plaintiff. In the agreement, it was stipulated that on receipt of balance considerat......nbsp; Md. Imman Ali J Md. Shamsul Huda J Yousuf Chowdhury (Md.)................Petitioner Vs. Md. Emran and another..................Respondents Judgment August 5, 2012. Result: The appeal sa......paid Taka 1, 89,000 to the defendant and only Taka 11,000 remained as balance. As the defendant did not execute and register the kabala on receipt of the balance consideration, the plaintiff served a legal notice on him on 16-6-1984 with the request to execute and register the kabala within 7(seven)..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
.... also did not explain the reason for not riling the original copy. Where the contents of any document are in question, either as a fact in issue or a sub-alternate principal fact, the document is the proper evidence of its own contents, and all derivate proof is rejected until its absence is account......li Bhutto Vs. State, PLD 1979 SC 53; Maj. Md. Bazlur Huda Vs. State, ADC Vol. VI(A) 1; Shama Rao Vs. Union Territory of Pondicherry, (1967) 2 SCR 650; Nazir Hussain Vs. Muhammad Shafi, 17 DLR (SC) 40 and Abul Kalam Azad alias Ripon Vs. State, 58 DLR (AD) 26. State Vs. Abdur Rashid Piada alias Abdur ......e separate judgments prepared by Surendra Kumar Sinha, J and Nazmun Ara Sultana J. - I agree with the judgment delivered by Nazmun Ara Sultana, J. 2. Surendra Kumar Sinha J. - In this appeal the legality of the conviction of the appellant Yasin Rahman @ Rahman @ Yasin @ Titu Muzibur Rahman (Tit..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......azmun Ara Sultana J Syed Mahmud Hossain J Md. lmman Ali J Shamsul Huda J National Board of Revenue........... .........Appellants Vs. Abu Saeed Khan and others………………….......Respondents Judgment August 1, 2012. Re......rson or organization invokes the jurisdiction of the court, on behalf of such persons, who by reason of poverty, lack of education, helplessness, social disabilities or economic paucity cannot seek legal redress for the violation of their rights, fundamental or legal in the court of law. The Hig..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....e learned Additional Assistant Judge, 3rd Court, Khulna in Title Suit No.192 of 1990 should not be set-aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. This Court by order dated 27-10-1999 directed the parties to maintain status quo in ......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Monindra Nath Biswas ......................Petitioner Vs. Kantaram Mondal and others................Opposite Parties Judgment July 31, 2012. Result: The R......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
.... meetings and the meetings of the board of directors and to alter the provisions of Article 14 and 16, respectively, of the Articles of Association of the respondent 5 company, by following proper procedure to be followed for effecting such alteration as per law. They shall also file copie......gh Court Division (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J MA Gafur...............................Petitioner Vs. Registrar of Joint Stock Companies and Firms & ors..................Respondents Judgment July 31, 2012. Result: ......oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....@ 4% from the Monthly Rental and Energy Payment of the petitioner under the said Contract No. 09689 dated 16-1-2003 and/or pass such other or further order or orders as to this Court may seem fit and proper. 3. In both the Petitions Rule were issued in common terms where only the contract and r...... Md. Ashraful Kamal J Energy Prima Ltd……………………………...Petitioner Vs. People's Republic of Bangladesh and others...............Respondents Judgment July 29, 2012. Result: Both......e respondent No. 2 and the petitioner for 50 MW Power Plant at Shahjibazar (wrongly written as Kumargaon) Sylhet, should not be declared to have been passed without lawful authority and is of no legal effect and also to show cause as to why the respondent sltiall not be directed to refund US$ 1..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....spondent into the judicial custody. The learned Magistrate also noticed from materials on record that the accused was sick and accordingly, directed the Jail authority to make arrangement for his proper treatment. 3. This order sufficiently indicated that despite the prayer for police remand,......ghest echelon. Before making any decision on the basis of the application filed by the investigating agency by the learned Magistrate, the learned Judges usurped the power of the learned Magistrate and made the direction. To say otherwise, though the Code of Criminal Procedure authorized a Magistr......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
....2, pending in the Court of Magistrate, 1st Class, Cognizance Court No.1, Moulvibazar Sadar, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule is that the complainant filed C.R. Case No.2......ed in: 21 BLT (HCD) (2013) 28 ...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....port was Meherpur P.S, Case No.12 dated 22-9-1996 is earlier which was lodged by the appellant himself regarding the occurrence took place in the room of the accused-appellant. But the police without proper investigation submitted final report in the said Meherpur PS Case No. 12 dated 22-9-1996 as t...... Result: The appeal is allowed. Confessional statement, not a verbation statement of the accused The facts of confessional statement are being gathered by a Magistrate on question and answer basis. So the recorded confessional statement can not be the verbatim statement of the ac......s such, the owner of the dwelling house is entitled to his protection and self defence. 68. It has been held in the case of State Vs. Saiful reported in BCR 2004 137, that:— "The legal position as deduced is that the accused must not be an aggressor, he must not give provocation..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
.... passed by the learned Joint District Judge, 1st Court, Dhaka dismissing Title Suit No.136 of 2006. 2. In the suit plaintiff prayed for a decree for declaration of 16 annas ownership in the suit property with further prayer of confirmation of possession. 3. It is plaint case that suit land......D) (2013) 46. ......be further proceeded with and shall abate and if any judgment, decree or order has been passed in any such suit or any order has been passed on any such application, it shall be inoperative and of no legal effect….........................(22) Lawyers Involved: Md. Mafizur Rahman wit..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....nner as a Judge. (5) Where, upon any information received from the Council or from any other source, the President has reason to apprehend that a Judge – (a) may have ceased to be capable of properly performing the functions of his office by reason of physical or mental incapacity, or (......n) Present : Hasan Foez Siddique J ABM Altaf Hossain J AKM Shafiuddin.......................… Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others..................................… Respondents Judgment ......titution and what reasonable action may be taken for such conduct is being left for the Hon'ble Chief Justice for necessary action in consideration of the matter is without lawful authority and of no legal effect. 2. It has been stated in the petition that the petitioner is a lawyer of the Supre..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Nalu Vs. State, 2012, 41 CLC (AD)
....equently, there was no trace of the victim and that the following day, the dead body of Emran was recovered from maize field of the condemned-prisoner. Those findings of the Courts below are based on proper appreciation of evidence on record. 14. The High Court Division and the trial Court fou...... Lawyers Involved: A. B. M. Bayezid, Advocate- For the Petitioner. Md. Shahrowardi, Deputy Attorney General- For the Respondent. Jail Petition No. 09 of 2010. (From the judgment and order dated 10th November, 2009 passed by the High Court Division in Death Reference No.78 of 20......ohrowardi, learned Deputy Attorney General, appearing on behalf of the State, on the other hand, submits that the confession of the condemned-prisoner is not only true but also voluntary and that all legal requirements were fulfilled before recording his confessional statement. He then submits the P..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
....eration under a neutral body. 12. Giving our anxious thought to the consensus of both parties to hold the election of the Executive Committee of the Federation under a neutral body, we consider it proper to constitute a three-member Election Commission with Mr. Kamal-ul Alam, a senior Advocate of......ah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J A.N. Istiaq Ahmed.......................................Petitioner Vs. Abdus Salam Khan and others...................Respondents Judgment July 19, 2012. Result: The petition is......h Shooting Federation (hereinafter referred to as the Federation) on the basis of election of the said Federation held on 23rd December, 2008 to have been issued without lawful authority and is of no legal effect. The petitioners also sought a direction upon writ-respondent No.3 to recall/cancel the..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....ivision is justified in invoking its writ jurisdiction to interfere with the order of Revenue/Settlement Officer who had directed to change the record of rights prepared in respect of the disputed property in question and declared the same as abandoned property. 2. The writ petitioner, Ari......sent: Md. Muzammel Hossain CJ 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 ............Appellants Vs. Mir Md. Imam Hossain…………………………......The writ petitioners then sought for judicial review of the said order in the High Court Division. The Secretary, Ministry of Lands, contested the writ petition and claimed that the Revenue Officer legally changed the record in accordance with law since the recorded tenant Gulshan Roushan Ally le..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....vision as well as the courts below have committed serious error of law and also injustice in decreeing the suit without considering the legal aspects and without assessing the evidence on record properly; the learned advocate has argued to the effect also that if the impugned judgments of the c...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Aysha Siddiqua ..............................Petitioner Vs. Fazilatunnesa and other...................Respondents Judgment July 15, 2012. Result: ...... Committee and formed an ad-hoc committee of five members with defendant No.1as president and defendant No.2 as general secretary. The formation of the said committee without election was illegal. The said illegal committee by holding a farce election on 28-11-1992 formed an Executive Comm..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
....x-parte and pursuant to the decree, the decree-holder-Rupali Bank, Uttara Model Town Branch put the decree in execution. The decree-holder bank obtained a certificate in respect of the mortgaged property under section 33(5) of the Artha Rin Adalat Ain, 2003 and then at its instance the mortg......n CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Rafiqul Islam and others....................................Petitioners Vs. Md. Azmal Hossain and other......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
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