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Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......€™s claim of title is backed by a registered deed of conveyance, her possession cannot be termed unauthorized within the scope of Ordinance 24 of 1970……………………………….(12) Lawyers Involved: Md. Zakir Hossain, Advocate-for the petitioner S M Quamrul Hasan, Assist......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 18 Nov, 2012 | Hits: 133

Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)

.... Let a copy of the Judgment along with recon­structed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134       ......g before the Court  when that appeal was called on for hearing…..........(25) Cases Referred to- Belayet Hossain Vs. Md Abu Taher 32 DLR (AD) 231; 21 DLR 353 and 7 DLR 173. Lawyers Involved: Golam Arshed, Advocate—For the appellant Abdus Samad Azad, Advocat......e appellant was prevented by sufficient cause from appearing before the Court- The question of considering the matter of re-admission of an appeal before a Court in deciding an application under Order XLI, rule 19 of the Code of Civil Procedure, depends on   Whether the appellant was ..

Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2

State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)

....in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ...... committed. But, it must cover the time when the offence is shown to have been committed, so as to preclude the possibility of the accused's presence at the place of the crime at the relevant time. Law does not expect the same standard of proof from the accused as from the prosecution…………......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..

Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21

State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)

.... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135.......committed. But, it must cover the time when the offence is shown to have been committed, so as to preclude the possibility of the accused's presence at the place of the crime at the relevant time. Law does not expect the same standard of proof from the accused as from the prosecution……â...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...

Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11

Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)

....etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ...... Result: The petitions are dismissed. Cases Referred to- Ali Haider Vs. State, 10 DLR (SC) 193; Allah Ditta Vs. State, 11 DLR (SC) 38; Chainchal Singh Vs. Emperor, AIR 1946 PC 1. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate-on-......g of the said suit (Title Suit No.51 of 2004) by defendant No.1, the plaintiffs as the heirs of late Engineer Shamsul Kabir Humayun Reza of Bara Moghbazar filed an appli­cation on 20-3-2004 under Order I, rule 10 of the Code of Civil Procedure. In the meantime, Mr. M Kutubuddin, learned Advocate..

Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37

Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)

....ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399.   ......of filing the case, the complainant was not under obligation to accept the amount of the dishonoured cheque and, as such, the Court had no legal authority to give such direction…......(7) Lawyers Involved: Md. Ali Khan, Advocate-For the Petitioner Md. Ali Zinah, Advocate—......r Musa Khaled J. - On an applica­tion under section 439 read with section 435 of the Code of Criminal Procedure, this Rule was issued calling upon the opposite-parties to show cause as to why the Order No.10 dated 18-11-2011 passed by the learned Joint Sessions Judge, Second Court, Jamalpur in S..

Category: Others | Date: 11 Nov, 2012 | Hits: 8

Md. Mosharraf Ali Khan and others Vs. Assistant General Manager, Principal Office, Sonali Bank, Barisal of Bagura Road, Barisal City, District-Barisal and others, 2012, 41 CLC (HCD)

....he Court       concerned immediately for information and necessary action. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 51.     ......AD) 63;d 29 DLR (SC) 39; 12 MLR (AD) 248, Kazi Md. Abdul Quddus & another Vs. Mst. Karimon Bewas PLD 1966 (SC) 254, 13 DLR (SC) 228, VII ADC 161 ;12 MLR (AD) 248; 11 BLD (AD) 161; 7 BLD 275. Lawyers Involved: Tapan Kumar Chakraborty, Advocate -For the Petitioners Syed Mofijur Rahm......ind it nothing irregular which is reflected in the decision of our Appellate Division reported in 12 MLR (AD) 248, in the case of Kazi Md. Abdul Quddus & another Vs. Mst. Karimon Bewa and others. Order 1 Rule 12(1) of the Code of Civil Procedure is very much clear in this regard. There exist no ..

Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4

Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)

.... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116.       ......e and another…………………...Opposite Party Judgment November 8, 2012. Result: The Rule is discharged. Under latest Propositions of Law, an Accused cannot remain on Anticipatory Bail for an Unlimited Period- It is now well sett......s which were sold on auction at the instance of the accused were under the disposal of the Management Board constituted under the Bangladesh Abandoned Property (Control, Manage­ment and Disposal) Order, 1972 (President Order No.16 of 1972), and the Bangladesh Abandoned property (Buildings in the..

Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7

Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ......ome Affairs, Bangladesh Secretariat, P.S. Ramna, Dhaka and others.………...... Respondents. Judgment November 8, 2012. Result: The Rule is disposed of with direction. Lawyers Involved: Md. Manzill Murshid, Advocate-For the Petitioner. Md. Mokleshur Rahman......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10

Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......ivision……….(9) Cases Referred to- Khorshed Alam Vs. Sub-ordinate Judge and Artha Rin Adalat 54 DLR 239; Major Retd. Rafiqul Islam Farook Vs. Bangladesh 16 MLR 281. Lawyers Involved: None Appears—For the Petitioner. AY Moshiuzzaman with Md. Golam Mo......ned Counsel placed reliance on the decision of Khorshed Alam (Md.) Vs. Sub-ordinate Judge and Artha Rin Adalat reported in 54 DLR 239. His another submission is that on a mere reading of provision of Order XXI, rule 83 under which the petitioner made the application upon which the impugned order was..

Category: Property Law | Date: 7 Nov, 2012 | Hits: 8

Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)

....ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ...... another................Respondents Judgment November 4, 2012. Result: The leave is granted. Case Referred to- Habibur Rahman Mollah Vs. the State, 62 DLR (AD) 233. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Mr. Md. Zahirul Islam, Advoca......Leave to Appeal No. 656 of 2012. (From the judgment and order dated 25th September, 2012 passed by the High Court Division (Vacation Bench) in Criminal Miscellaneous Case No.19433 of 2012.) Order Muhammad Imman Ali J.- This criminal petition for leave to appeal is directed against the..

Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611

The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)

....eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......Vs. Sree Ranjit Kumer Pramanik 45 DLR 660; Ali Vs. Crown 6 DLR(W.R) 52; Rahman Vs. The State of U.P. AIR 1972(SC) 110; Shajahan Vs. The State 46 DLR, 575; Mojibur Rahman Vs. The State 13 MLR-88. Lawyers Involved: M. A. Mannan Motion, DAG with Md. Osman Goni Khan, AAG and Md. EnsanUddin She......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ..

Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7

Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)

....before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. .............................Petitioners Vs. Nirmalendu Mondal and others......................Respondents Judgment October 18, 2012. Result: The petition is dismissed. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Bivash Chand......001 before the High Court Division on the main contentions that the appellate court below committed error of law in accepting additional evidence without recording any reason as per requirement of Order 41 rule 27(2) of the Code of Civil Procedure and that the defendants though filed some docume..

Category: Property Law | Date: 18 Oct, 2012 | Hits: 4

Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)

....interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ......ondents (In both cases) Judgment October 18, 2012. Result: The leave petitions are dismissed. Case Referred to- Abdul Hamid Khan Vs. Mia Nurul Islam 42 DLR (AD) 49. Lawyers Involved: S. N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Rec......o as the Bank), filed Miscellaneous Case No.23 of 1997 in the Court of the then Subordinate Judge (now Joint District Judge) and Artha Rin Adalat, Khulna under the provisions of the President’s Order No.129 of 1972 for realization of outstanding loan to the tune of taka 2, 06, 27,235·00..

Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159

Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)

....ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518.     ......n Rickshaw Samity..........................Opposite Party Judgment         October 17, 2012.  Result: The rule is made absolute. Lawyers Involved: MA Baqui, with Hasnat Quayum, Advocates—For the Petitioners. Civil...... seem fit and proper. 2. The Rule is directed against the order No. 8 dated 30-1-2000 passed by the Assistant Judge, 4th Court, Dhaka in Title Suit No. 321 of 1999 rejecting an application under Order VII, rule 11 of the Code of Civil Procedure for rejection of plaint. 3. The relevant fact..

Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3

Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)

....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ..........Petitioner Vs. Government of the Peoples Republic of Bangladesh & others.......Respondents Judgment   October 16, 2012. Result: The Rule is discharged. Lawyers Involved: AF Hasan Ariff, Advocate with Md. Bahadur Shah, Advocate—For the Petiti......nd cargo to be unloaded under the custody of the Port Authority. The Cargo unloaded is subject to the elaborate legal regime established under the Import and Export (Control) Act, 1953, Import Policy Order, Export Policy order adopted from time to time. The Chittagong Port is at the same time subjec..

Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9

Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)

.... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1.     ......s. State, 14 BLC 26; Anti-Corruption Commission Vs. Nargis Begum, 62 DLR (AD) 279; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16. Lawyers Involved: AM Mahbub Uddin, Advocate—For the Petitioner. Momtazuddin Fakir, A...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1.     ..

Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20

Grameen Solutions Ltd. Vs. Registrar, Joint Stock Com¬panies and Firms, 2012, 41 CLC (HCD)

.... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186   ......tration of the same………………………….(9 &11) Cases Referred to- Reckitt Benckiser (India) Ltd. reported 2005 DLT 612. Lawyers Involved: Junayed Ahmed Chowdhury with Sajeda Farisa Kabir, Advocates—For the Pet...... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186   ..

Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11

Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)

....ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: .......) alias Gunnu Mia and another Vs. Makhan Mia alias Md. Laisuzzaman and others 60 DLR (AD) (2008) 39; Halima Begum and others Vs. Syed Ahmed and others 21 DLR (1969) 854; 60 DLR (AD) 2008 page 38. Lawyers Involved: Md. Soyeb Khan, Assistant Attorney General- For the Petitioners. Md. Khalilu...... case of Abdul Noor (Md.) alias Gunnu Mia and another Vs. Makhan Mia alias Md. Laisuzzaman and others reported in 60 DLR(AD) (2008) 39 which reads as follows:- “Code of Civil Procedure of 1908. Order XXVI rule 14(12) Since the Advocate Commissioner did not depose before the trial court nor..

Category: Property Law | Date: 15 Oct, 2012 | Hits: 191

Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)

....No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143           ...... Cases Referred to- 54 DLR 583;53 DLR 81; 54 DLR 28; 61 DLR AD 82; 54 DLR 306; 61 DLR (AD) 82; Ittefaq Group of Publications Ltd. Vs. Arab Bangladesh Bank Ltd., 50 DLR 597. 50 DLR (AD) 138. Lawyers Involved: Jashimudttin Ahmed, Advocate with Md. Zaldr Hossain, Advocate—For the P......No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143           ..

Category: Company Law | Date: 14 Oct, 2012 | Hits: 5