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

....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. ...... facts were identical. It is also necessary to keep on record that the High Court Division itself found that ''Normally disput­ed question of fact are not resolved in a summary proceeding of writ jurisdiction." 15. Let us see whether in the 6(six) writ peti­tions (Writ Petition Nos.6411, ..

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

Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)

....ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ..

Category: Property Law | Date: 12 Apr, 2012 | Hits: 6

Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)

....ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave grant­ing order. Ed. This Case is also Reported in:  9 ADC (2012) 802. ...... II. For that while disposing the appli­cation under Section 561A of the Code of Criminal Procedure under the facts and circumstances of the present case the High Court Division traveled beyond its jurisdiction, therefore the judgment of the High Court Division is not sustainable in law; III...

Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212

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

.... 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. ......l the mortgage property in auction for which certificate was issued in its favour. The Guidelines was issued on 27 September, 2010 long after the issuance of the certificate by the Court of competent jurisdiction i.e. the Adalat, so, the Bank was not bound to consider the applications filed by the p..

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

Rakibul Islam Vs. State, 2012, 41 CLC (HCD)

....used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ..

Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64

Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)

.... Rule 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: ...... Rule 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: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218

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: ..

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

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

....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. ......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

Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)

....ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ......qul Islam learned Senior Advocate appearing on behalf of respondent Nos.2-19, on the other hand, supports the impugned judgment and order. He further submits that the High Court Division has inherent jurisdiction to set aside its own judgment and order in a proper case and that the present case bein..

Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88

Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)

....rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74.     ......rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74.     ..

Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7

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

....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. ......) and (d) of the Code of Civil Procedure. In both the applications under Order 7 Rule 11 of the Code of Criminal procedure the defendants alleged that the suit is barred by law and civil court has no jurisdiction to try this suit as the relief claim by the plaintiff attract the provision of the sect..

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

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

....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. ......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

Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)

.... in relation to the petition­er Let a copy of the Judgment be sent to the con­cerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ......obedience to the law of the law of the land but also for securing the ends of justice in its widest sense. Inherent power of the High Court Division by reason of its being the highest Court must have jurisdiction over Civil and Criminal Courts of the land. The powers in a sense are inalienable attri..

Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215

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

....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 ......matter or persons apprehensive or being affected by the act of functionaries performing functions in connection with the affairs of the Republic or of a local authority is not entitled to invoke writ jurisdiction, as has been observed by the Appellate Division in Kamaluddin Vs. Secretary, Ministry o..

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)

....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. ......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

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

.... 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.  ...... 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

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

....38(1) empowers the trial Court to punish with imprisonment for a maximum period of one year, or with fine which may extend to thrice the amount of the cheque or both. The powers given to the Court is discretionary. The language used in the section is not such that the Court must impose fine thrice t......f the petitioner are that the High Court Division acted illegally in main­taining the conviction without application of its judicial mind, and secondly, the High Court Division acted in excess of jurisdiction in enhancing the sentences of fine reduced by the Court of appeal below in the absence ..

Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122

Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... of the Respondent No.2 in the supplementary affidavit in opposition, Mr. Murshid has raised objection in respect of Proposal Nos. 3 and 6 and thereby submits that if the Biman authority is given a discretionary power to upgrade the passengers at their choice at the check in point then again, 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

Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ......e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ..

Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18

Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)

....al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ......al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ..

Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9