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Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)

....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......d. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Mintu Chowdhury...............................Petitioner Vs. Khurshid Nayeem and others......................Respondents Judgment May 28 and......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......Title Suit No.280 of 1970 in respect of 7 S.A. plots measuring 5.17 acres of land. The Rule was issued in the terms prayed for. 3. In the writ petition, it was stated, inter alia, that Moqbul Ahmed, predecessor-in-interest of writ-petitioner No.1 filed an application before the Assistant C..

Category: Property Law | Date: 29 May, 2012 | Hits: 12

H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)

....orted colour sorter machine for Rice Mill from the respondent No.1 through the respondent No. 2 the local agent in Dhaka, by opening L/C through the respondent No. 4. But when the consignment came to Bangladesh in the petitioner’s factory it appears that majority equipments of machineries are not ......Supreme Court High Court Division (Statutory Original Jurisdiction) Present: AFM Abdur Rahman J H.B. Plastic Industry……………………………………………..Petitioner Vs. Hyundai High Tech Co. Ltd. and others…............Respondent Judgment May 28, 2012. ......ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ......ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ..

Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56

Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)

....ts Judgment May 27, 2012 Result: The appeal is allowed. Cases Referred to- Nur Muhammad Vs. Mainuddin, 39 DLR (AD); Abul Khair (Md.) Vs. Pubali Bank Ltd, 53 DLR (AD) 62; Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd, 51 DLR (AD) 221; Nurunnessa Vs.Mohiuddi......ellate Jurisdiction) Present: Sharif Uddin ChakladerJ Krishna Debnath J Ruhul Amin and others …………………...Plaintiff-Appellants Vs. Bangabandhu Sheikh Mujib Medical University (BSMMU) & others………Def......(six) months 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) 182. ......(six) months 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) 182. ..

Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12

S.M. Zahid Rezvi and others Vs. The Magura Pourashava and others, 2012, 41 CLC (HCD)

....ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16.     ......on (Special Original Jurisdiction ) Present: Farid Ahmed J Sheikh Hassan Arif J S.M. Zahid Rezvi and others………………..Petitioners Vs. The Magura Pourashava and others………………....Respond......ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16.     ...... Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16.     ..

Category: Constitutional Law | Date: 24 May, 2012 | Hits: 1

Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Topon Kumar Roy……………………………..Petitioner Vs. Bangladesh and others.......................Respondents Judgment May 24, 2012 Result:......iction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Topon Kumar Roy……………………………..Petitioner Vs. Bangladesh and others.......................Respondents Judgment May 24, 2012 ......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110.         ......lso Reported in: 65 DLR (HCD) (2013)110.         ..

Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8

Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....preme Court High Court Division (Special Original Jurisdiction) Present: Naima Haider J Farid Ahmed J Golam Ambia (Harun)......................Petitioner Vs. Bangladesh and others....................Respondents Judgment  May 22, 2012 Res......sp; ......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379.   ...... This Case is also Reported in: 18 BLC (HCD) (2013) 379.   ..

Category: Others | Date: 22 May, 2012 | Hits: 9

Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)

.... (Civil) Present: 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 Bangladesh Biman Airlines Limited and others………Petitioners (In all the cases) Vs. Em...... Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Bangladesh Biman Airlines Limited and others………Petitioners (In all the cases) Vs. Emran Ahmed and another.................Respondents (In Civil Petition No.872 of 2010) ......ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ......hab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Bangladesh Biman Airlines Limited and others………Petitioners (In all the cases) Vs. Emran Ahmed and another.................Respondents (In Civil Petition No.872 of 2010) Md. Ismail Hos..

Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135

Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)

....a Rin Adalat No. 4 Dhaka and others.........Respondents Judgment May 15, 2012. Result: The Rule is made absolute. Cases Referred to- Golam Haider Kabir Vs. Government of Bangladesh 15 BLC 831; 55 DLD (AD) 31; 61 DLR 760; 33 DLR 12; 13 BLC 713; 15 MLR (AD) 96 = 15 BLC (A......al Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Marzan Abedin………………………….Petitioner Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others.........Respondents Judgment May 1......ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ......ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ..

Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4

Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)

.... is also Reported in: 18 BLC (HCD) (2013) 122. ...... Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Md. Faruque J Seven Circle Bangladesh Ltd...........................................Petitioner Vs. Chairman, Labour Appel­late Tribunal, Dhaka and others........Respondents Judgment......reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ......reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ..

Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23

Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)

.... Vs. Bangadesh and others...... ......................Respondents Judgment May 13, 2012.   Result: The Writ Petition is rejected summarily Constitution of Bangladesh, 1972; Article 102(2) Case Referred to- Kazi Mukhlesur Rahman Vs. Bangladesh (B...... High Court Division (Special Original Jurisdiction) Present: Farid Ahmed J   Sheikh Hassan Arif J Advocate Murshedur Rahman Chowdhury...........Petitioner Vs. Bangadesh and others...... ......................Respondents Judgment May 13, 201......an application which does not call for issuance of rule and do reject the application summarily.   Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69   ......  Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69   ..

Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6

Maisha Corporation (Pvt.) Ltd Vs. Bangabandhu Sheikh Mujib Medical University (BSMMU) and others, 2012, 41 CLC (HCD)

....h Court Division, as the case may be, is satisfied that — (i) the subject matter of the dispute is not capable of settlement by the arbitration under the law for the time being in force in Bangladesh; (ii) the arbitral award is prima face opposed to the law for the time being in forc......High Court Division (Civil Appellate Jurisdiction) Present: Khondker Musa Khaled J SH Md. Nurul Huda J Maisha Corporation (Pvt.) Ltd..........................Appellant Vs. Bangabandhu Sheikh Mujib Medical University (BSMMU) and others…....Respondents ...... as to costs. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 194.     ...... as to costs. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 194.     ..

Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16

Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)

.... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99.     ......h Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J   Krishna Debnath J Dr. Moos Bin Shamsher.....................Defendant-Appellant Vs. Ayub Ali and others..........................Plaintiff-Respondents Judgment May 7...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99.     ......DLR (AD) 183; Profulla Kumar Chakraborty Vs. Anil Proshad Choudhury, 33 DLR 55; Nurul Islam Vs. Ali Hossain Mian, 50 DLR (AD) 114; Shamsuddin Vs. Md. Hossain, 31 DLR (AD) 155; Nur Begum Vs. Dr. Yusuf Ahmed, 50 DLR (AD) 210; Abdul Aziz Vs. Abdul Majid 46 DLR (AD) 121; Kalu Mondal Vs. Begum Fazilatun ..

Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7

Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)

.... Professor Muhammad Yunus..................Petitioner (In Civil Petition No.640 of 2011) Rahima Begum and others......................Petitioners (In Civil Petition No.641 of 2011) Vs. Bangladesh, repre­sented by the Secretary, Bank and Financial Institutions Division, Ministry of......li J Professor Muhammad Yunus..................Petitioner (In Civil Petition No.640 of 2011) Rahima Begum and others......................Petitioners (In Civil Petition No.641 of 2011) Vs. Bangladesh, repre­sented by the Secretary, Bank and Financial Institutions Division, Mi......ve observations. The parties would bear their respec­tive costs. Ed. This Case is also Reported in:  VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......ve observations. The parties would bear their respec­tive costs. Ed. This Case is also Reported in:  VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ..

Category: Banking Law | Date: 5 May, 2012 | Hits: 220

Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....ed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kamol Krishna Das...............................................................Petitioner Vs. The Government of Bangladesh, repre­sented by the Director General, Director General Office, Bangladesh Dak Bivag,......bdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kamol Krishna Das...............................................................Petitioner Vs. The Government of Bangladesh, repre­sented by the Director General, Director General Of......nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ......nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ..

Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7

Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Govt. of Bangladesh and others ...........................Petitioners Vs. Md. Nurul Alam............... Present: Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Govt. of Bangladesh and others ...........................Petitioners Vs. Md. Nurul Alam....................................Respondent Judgment April 29,......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97.  ........Respondent Judgment April 29, 2012. Result: This leave petition is disposed of. Lawyers Involved: Karunamoy Chakma, Deputy Attorney General, instructed by Gias Uddin Ahmed, Advocate-on-Record-For the Petitioners.  None represented-For the Respondent. ..

Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12

Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)

.... valid play of power and when the mode of power of exercising a valid power is improper or unrea­sonable, there is an abuse of power……………………………….(40) The Constitution of Bangladesh, 1972, article 49 Materials to be supplied with the application of pardon When ...... High Court Division (Criminal Revisional Jurisdiction) Present: M Enayetur Rahim J SM Zakir Hossain J Sarwar Kamal…………………………………….Petitioner Vs. State………………………………………...........Opposite Parties Judgment......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..

Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98

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

.... Present: Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J   Shamsul Huda J   Government of Bangladesh and oth­ers........Appellants Vs. Md. Badal and another…………………â€......SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J   Shamsul Huda J   Government of Bangladesh and oth­ers........Appellants Vs. Md. Badal and another……………………………Respondent Judgment Ap......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. ......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. ..

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

Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)

.... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ......J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Abdul Gaffar and others..............................................Petitioners Vs. Sree Sree Radha Madhab Jew Deity and others....................Respondents Judgment ...... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ......, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record—For the Petitioners. Abdul Wadud Bhuiyan, Senior Advocate (Abdul Quiyum, Senior Advocate with him) instructed by Giasuddin Ahmed, Advocate-on-Record—For the Respondents (as added). Civil Petition for Leave to Appeal ..

Category: Property Law | Date: 16 Apr, 2012 | Hits: 72

Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)

....on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ...... Shaheda Akhter Rina & others..................Petitioners (In Civil Petition No. 94 of 2010) Md. Habibur Rahman & others ..........Petitioners (In Civil Petition No. 397 of 2010) Vs. Ayub Ali and others.........................................Respondents (In both the Cases)......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......The provisions for the appointment of a receiver is to be considered as one of the harshest remedies for the enforcement of rights to property……………(27) Cases Referred to- Faiz Ahmed Chowdhury and another Vs. Baktear Ahmed Chowdhury and others, (1984) 36 DLR (AD) 97; Govind Na..

Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92

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. ...... (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. ......ses Referred to- Solaiman (Md.) Vs. Sufia Akhtar Alam being dead her heirs Nirjesa Rahamat-ullah and others, 49 DLR (AD) 288, para 10 and 11; Selina Begum Vs. Azimun Nessa, 6 BLC (AD) 115; Zaher Ahmed Vs. Manik Sardar, 6 MLR (AD) 44; Khatoon Vs. Ajijur Nessa 6 BLC (AD) 115; Shambhnath Vs. Alfaj..

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