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Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......Deputy Commissioner, Dhaka (respondent 4) issued and served the impugned notice upon the petitioner, challenging which she moved in this Court with the instant writ petition, obtained the Rule and an interim order of restraint. 8. Mr. Md. Zakir Hossain, learned Advocate appearing for the writ p......der section 5 (1) of the Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 (Ordinance 24 of 1970) When a suit is pending between the parties, wherein an order of temporary injunction restraining the Government and its allottee is still in force and the ......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)
....hellip;……...................Appellant Vs. Bazlur Rahman Khan and others......Respondents Judgment November 14, 2012. Result: The appeal is allowed. Re-admit of Appeal- Whether the appellant was prevented by sufficient cause from appearing before ...... 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 ...... Abdus Samad Azad, Advocate—For the respondent No.1. First Miscellaneous Appeal No. 165 of 2011. Judgment Sheikh Abdul Awal J.- This appeal is directed against the judgment and order dated 28-5-2005 passed by the learned Joint District Judge, 2nd Court (in-charge), Gazipur in ...... 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 ..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....nt Vs. Kazi Mahbub-uddin Ahmed..........Respondent Judgment November 14, 2012. Result: The appeal is dismissed. Confession A confession is an admission made at any time by a person charged with a crime, stating or suggesting the inference, t......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. ......libi, not set up at the earliest stage, is, in most cases, unconvincing, in proving the plea of alibi, the accused need not be required to prove the exact time and every moment of time involved in order to sustain his defence. It is sufficient for him to raise a reasonable doubt of his presence ......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)
.... Supreme Court Appellate Division (Criminal) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J The State.............................Appellant Vs. Kazi Mahbubuddi...... 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.......alibi, not set up at the earliest stage, is, in most cases, unconvincing, in proving the plea of alibi, the accused need not be required to prove the exact time and every moment of time involved in order to sustain his defence. It is sufficient for him to raise a reasonable doubt of his presence...... 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)
....re 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-Record—For the Petitione......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. ......he Respondents (In Civil Petition No.2198 of 2011) Civil Petition for Leave to Appeal No.2199 of 2011. With Civil Petition Nos.1671-1672 and 2198 of 2011. (From the judgment and order dated the 10th day of February, 2011 passed by the High Court Division in First Appeal No.357 ......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. ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....ereafter the complaint case was filed. Subsequent to the date 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 Kh......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. ......e learned Joint Sessions Judge, Second Court, Jamalpur in Sessions Case No.118 of 2010 rejecting prayer for discharge of the accused-petitioner, should not be set-aside or and/or pass such other order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rul......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. ..Category: Others | Date: 11 Nov, 2012 | Hits: 8
....
Md. Mosharraf Ali Khan and others………………….....Petitioners
Vs.
Assistant General Manager, Principal Office, Sonali Bank, Barisal of Bagura Road, Barisal City, District-Barisal and others……..................Opposite parties
......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
......ity or jurisdiction to terminate the plaintiffs. Only the Managing Director of Sonali Bank could legally terminate the plaintiffs since he was the appointing authority of the plaintiffs. The impugned order of termination was mala fide, illegal and without jurisdiction and the order was passed withou......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....Over and above, whether the allegations of abetment in manipulating the tender for sale of the case properties are true or false can only be gone into during the trial of the case. Moreover, the admissibility, relevance, propriety or sufficiency of materials collected by the prosecuti......8, the accused-petitioner appeared before the High Court Division with an application for anticipatory bail whereupon the High Court Division issued the Rule and enlarged the accused-petitioner on ad-interim anticipatory bail till disposal of the Criminal Miscellaneous Case No. 13081 of 2008 which w......f the Prevention of Corruption Act, 1947 and Rule 15 of the Emergency Power Rules, 2007, now pending before the Special Judge, Court No.3 Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant to disposal of the ......harge against him. Under the circumstances, the petitioner was wanted in the trial Court. However, on 25-8-2008, the accused-petitioner appeared before the High Court Division with an application for anticipatory bail whereupon the High Court Division issued the Rule and enlarged the accused-petitio..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....as discussed above. Ed. This Case is also Reported in: ......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: ...... authority and why a direction should not be given upon the respondent nos.1-4 to take legal action against the respondent no.5-8 under the provision of Penal Code and/or pass such other or further order or orders as to this Court may seem fit and proper. 4. Facts leading to the issuance of ......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)
.... Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......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 ...... Writ Petition No. 4123 of 2011. Md. Ashfaqul Islam J. - At the instance of the petitioner, Md. Mosharef Hossain, this Rule Nisi was issued calling upon the respondents to show cause as to why order No. 14 dated 8-5-2011 (Annexure-D-1) passed by the learned Judge, Artha Rin Adalat and Joint D......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 ..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
.... ......examined none and the P.W.7 was also examined in part. 6. The accused respondent No.1 surrendered before the High Court Division with a prayer for anticipatory/pre-arrest bail and obtained an ad-interim anticipatory/pre-arrest bail. Thereafter, the accused respondent No.1 also filed an applicat......ucted by Muhammad Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented- For Respondent No.2. Criminal Petition for 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 Misc......e cross-examined by the defence but the defence examined none and the P.W.7 was also examined in part. 6. The accused respondent No.1 surrendered before the High Court Division with a prayer for anticipatory/pre-arrest bail and obtained an ad-interim anticipatory/pre-arrest bail. Thereafter, th..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
.... Md. Jiaur Rahman Vs. The State 15 BLD-459; Hobi Sheikh Vs. The State 56 DLR-383; Seraj Miah Vs. The State 49 DLR-192; Syed Nazakat Hossain alias Ujjal Vs. The State 48 DLR-139 ;State Vs. Balai Chnadra Sarker 47 DLR-467; Alkas Mia and others Vs. State 25 DLR-398; Abdul Haq and others Vs. The Stat......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 ......udge, Lakshmipur (briefly as Judge), for confirmation of death sentence of condemned-prisoner. 2. By the above appeals the appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 23.05.2007 passed by learned Judge, in Sessions Case No. 14 o......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)
....in: 18 MLR (AD) (2013) 92. ......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. ......un, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.923 of 2009. (From the judgment and order dated 14.01.2009 passed by the High Court Division in Civil Revision No.6944 of 2001.) J......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. ..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....dismissed. Ed. This Case is also Reported in: ......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: ...... None represented-For the Respondents (In both cases) Civil Petition for Leave to Appeal No. 648 of 2010. with Civil Petition No. 434 of 2011. (From the judgment and order dated the 10th day of January, 2010 and the 3rd day of February, 2011 passed by the High Court......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: ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
.... Dhaka Metropolitan Rickshaw Samity..........................Opposite Party Judgment October 17, 2012. Result: The rule is made absolute. Lawyers Involved: MA Baqui, with Hasnat Quayum, Advocates—For the Peti......sued no further licence after the year of 1996 and some were renewed in 1999. In the said circumstances, the learned trial court in the impugned judgment considered some factual aspect of granting an interim order of temporary injunction. Even though those facts are true but the learned trial court ......hury J. — At the instance of the defendant-petitioners, Mayor, Dhaka City Corporation and others, this Rule has been issued calling upon the opposite party to show cause as to why the order No. 8 dated 30-1-2000 passed by the Assistant Judge, 4th Court, Dhaka in Title Suit No. 321 of......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. ..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)
....iction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Ibrahim (Md.).......................................Petitioner Vs. Government of the Peoples Republic of Bangladesh & others.......Respondents Judgment October 16, 2012. Result: T......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. ......ed 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 subject to fiscal and legal......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. ..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
....Vs. State 17 BLC 136; Anti-Corruption Commission Vs. Shamima Begum, 62 DLR (AD) 277; Anti-Corruption Commission Vs. Nargis Begum, 62 DLR (AD) 277; Sheikh Hasina Vs. State, 63 DLR (2011) 40; Salma Shahadat Vs. State, 14 BLC 26; Anti-Corruption Commission Vs. Nargis Begum, 62 DLR (AD) 279; Abdul Quade...... 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. ......)(5) of the Emergency Power Rules, 2007 and section 109 of the Penal Code, now pending before the learned Special Judge, Court No.8, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts leading to issuance of the R...... 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)
....l Hasan J. - This is an application filed under section 59 (which shall in fact be the section 60) of the Companies Act, 1994 (the Act) for confirmation of reduction of share capital. 2. Facts leading to filing of this application, in brief, are that in order to increase its capital base, the C...... 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 ......(which shall in fact be the section 60) of the Companies Act, 1994 (the Act) for confirmation of reduction of share capital. 2. Facts leading to filing of this application, in brief, are that in order to increase its capital base, the Company issued 1,98,000 (one lac ninety eight thousand)...... 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)
....he Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......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: ......as issued calling upon the opposite party to show cause as to why the judgment and decree complained of in the petition moved in Court today should not be set aside and /or pass such other or further order or orders as to this court may seem fit and proper. 2. This Rule is directed against the j......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: ..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 ......smanagement of the affairs of the company, resulted either from noncompliance of law or otherwise, a petition under section 233 of the Act is maintainable and the Court may pass appropriate order to undo the wrong resulting from non-compliance of the provisions of the Act or of the Article......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
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