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....gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......ication. He has contended that there is no cause of action to file this case and that the case was not maintainable as respondent No.1 did not prefer any appeal to the Election Commission against the decision of the Returning Officer taken on 4.12.2008 accepting the nomination paper of the appellant..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
......dvocates—For the Respondents No.1-6.
Writ Petition No.8904 of 2011.
Judgment
Sheikh Hassan Arif J. - Rule Nisi was issued calling upon the respondents to show cause as to why the decision of the respondent No.1 (BTRC) issued vide Memo No. BTRC/LL/ Mobil/License dated 17-10-2011 ..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......1.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.34 of 2008). Judgment Syed Mahmud Hossain J.- This civil petition for leave to appeal is directed against the decision dated 13.01.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.34 of ..Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
Abdur Razzak Vs. State, 2012, 41 CLC (HCD)
....dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ......s particularly the FIR, charge-sheet, statements of witnesses made under section 161 of the Code 1898 and the Inquiry Report referred to in the First Information Report and thereafter record his decision on framing of charge or otherwise as against the accused-petitioner Abdur Razzaque. Se..Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......preme Court of India on the ground that whether the facts found by the courts below would be "special reasons for awarding the death sentence". The Supreme Court considered all its previous decisions and also considered the reasonableness of such a sentence in the light of Articles 19 and ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....ion of a statute in general, the intention of the legislature must be determined and the clause has to be construed accordingly. It is often used by way of abundant caution, but mainly used as a legislative device, in case of conflict to give the provision containing non-obstante clause an......nding of trial Court is in respect of the possession followed by dispossession. In order to remove this anomaly, the High Court Division remanded Title Suit No.38 of 1992 to the trial Court for fresh decision on this point. The Court of Appeal below alter the remand came to a definite finding that t..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ...... judgment is not defined in the Arbitration Act. Order XX, rule 4(2) of the Code requires that judgments of all Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section 17 of the Arbitration Act empowers the ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......it land. As per terms of the agreement, defendant No.3 and defendant No.1 would be the 50/50 owners of the flats to be constructed on the suit land and also of the garage in the same ratio. At first, decision was taken to construct a 5(five) storied building. Subsequently, by an agreement dated 18-8..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......iew that the reckoning date for the determination of the age of the juvenile is the date of framing of charge and not the date of commission of the alleged offence. 14. In view of the above decisions for our Appellate Division we are unable to accept the submission of Mr. Khan that the dat..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ......ult: The appeal is allowed with direction. Section 196 B of the Customs Act, 1969 As per section 196 B of the Act the Tribunal has jurisdiction either to confirm or modify or annul the decision or order appealed against, but the Tribunal neither confirmed nor modified or annulled the ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......celed with a direction to deliver his original Money Changer License and the foreign currency in hand, if any, to Foreign Exchange Policy Division, Bangladesh Bank. The petitioner has challenged this decision of Bangladesh Bank and obtained the present rule. 5. Mr. Munshi Moniruzzaman, the lear..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ......nce of reference of Review Committee in final decree- In the final decree there is no reference of Review Committee or any one else, neither is there any direction to take consideration into any decision of any Review Committee or any other authority or person. It is settle principle that the e..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
...., from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ......efence case strongly and disproved the plaintiffs case but both the courts below have failed to assess these evidence and facts and circumstances properly and consequently failed to come to a correct decision. The learned advocate has argued also that this defendant-petitioner though admitted t..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ...... the Second Party filed written-objection against the said statement of claim. After hearing the parties and recording the evidence as adduced by the parties the Arbitral Tribunal unanimously came to decision that to completely adjudicate the dispute in question, an expert opinion is necessary. The ..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)
....tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ...... law he placed his case before the review committee but the review committee as envisaged in Annexure-'L' of the Supplementary Affidavit dated 7-12-2011 without deciding the case on merit held up the decision on the pretext of the Writ Petition being pending before this Division and as such refraine..Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......within the mischief of section 138(1) of the Negotiable Instruments Act since other mandatory provisions are found to have been complied with. To have the above views we may also safely rely upon the decision of an unreported case of Arifuzzaman Vs. State and another, passed in a criminal petition f..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ......decree in Title Suit No.4 of 1998. Both the First Appeals were heard analogously by a Division Bench of the High Court Division which by the impugned judgment and decree dated 07.07.2004 reversed the decision of the trial Court, allowing both appeals holding that the termination notice dated 29.07.1..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......binet Secretary, Cabinet Division, Bangladesh Secretariat, P.S.-Shahbag, District-Dhaka and others...... Respondents. Judgment January 6, 2012. Result: The impugned orders and decisions are set aside. Lawyers Involved: Manzill Murshid, Advocate-For the petitioner..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
....per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......w of section 6, including cases of murder, rape, firearms, explosive substances, drugs and hoarding, may be transferred to the Druta Bichar Tribunal. 11. The High Court Division referring to the decision in the case of Abdul Kader Mirza and others Vs. Bangladesh reported in 60 DLR (AD) 185, hel..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. .......408 and Plot No.407 of the pre-emptors. 6. The trial court, on consideration of evidence adduced by both the contesting parties, allowed the case of pre-emption making observation and decision to the effect that the pre-emptors were the owners of contiguous land and that there w..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
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