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....-7-2012 by the contemner i.e. only after the rule was issued on 20th June, 2012. As such, he submits, that the charge of committing contempt has been proved beyond reasonable doubt and that this is a proper case warranting appropriate punishment for committing contempt of Court.
6. I have heard......d in: 65 DLR (HCD) (2013) 237
......is acquitted from the charges brought against him.
The Rule is disposed of accordingly.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 237
..
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
.... the said execution case was renumbered as Artha Execution Case No.235 of 2004 before the Artha Rin Adalat, Sirajgonj and in the execution case, notice was published for auction sale of the mortgaged property. The petitioner participated in the said auction on 21.01.2008, but failed to succeed. Ther...............Petitioner Vs. Janata Bank, Ullapara Branch, Sirajgonj........Respondent Judgment July 8, 2012. Result: The petition is disposed of. Lawyers Involved: Mohammad Ali Akanda, Advocate instructed by Haridas Paul, Advocate-on-Record-For the Petitioner. Awlad Ali, Seni......ed judgment and order passed in the writ petition, it does not appear that the learned Judges, at all, considered the said statements made in the writ petition and applied their mind to the pertinent legal aspect as to whether the writ petition was at all maintainable. 9. In view of the above, w..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
....to appear or to defend shall not be declared to have been passed without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper.” 9. From the impugned judgment and order, it appears that the Division Bench which he......ioner. Syed Shaheed Hossain, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 2208 of 2011. (From the judgment and order dated the 16th day of May, 2011 passed by the High Court Division in Writ Petition No.8824......Procedure; without passing the Court of District Judge, Dhaka the Court’s order granting leave to appear or to defend shall not be declared to have been passed without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and pro..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....49 of 2011 should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this court may seem fit and proper. 2. Facts in a nutshell relevant for the purpose of disposal of this rule are that ......slam Chowdhury J Mohammad Ullah J City Bank Ltd……………………......................Petitioner Vs. Labour Appellate Tribunal and others ..........Respondents Judgment July 7, 2012. Result: The rule is made...... judgment and order of affirmance passed by the Chairman, Labour Appellate Tribunal in Appeal No. 349 of 2011 should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this court may seem fit and p..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....ty point and start taking of cargo/container from jetty point to shed/yard, where necessary staffs and required equipment are arranged. 24. The Berth Operator has to stack the cargo/container properly at shed/yard and has to maintain documentation. 25. The Authority, however, realizes......igh Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Ancient Traders Limited, Facy Building (2nd Floor), 87 Agrabad C/A, Chittagong-4100 and others……………………………Petitioner Vs. Chittagong Port Atuthority, Ban......ated 17.05.2010 as published in the “Daily Purbokon” on 18.05.2010 (Annexure-A-2), for container and containerised cargo handling at Chittagong port should not be declared to have been passed illegally, without lawful authority and hence, are of no legal effect. 2. Vide the interim orde..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...... can not be based solely on co-accused’s confession It is settled law that conviction can not be based solely upon the confession made by a co-accused as against the non-confessing accused and there is nothing to disagree with this settled position of law.......... (17) Confession, n......the respondent has not been granted bail upon these considerations but upon the view that there are no reasonable grounds for believing that she has been guilty of the offence alleged. To clarify the legal position, if at all required, it is quite relevant to refer to the case of Prahlad Singh Bhati..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
....the Bangladesh Gazette.
3. The facts figured in this appeal are summarized below:
The writ petition was filed stating, inter alia, that the then Government of East Pakistan leased out the property mentioned before to Khawaja Mohammad Aref by the registered deed of lease dated 2.03.1959. ......a J
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
Md. Shamsul Huda J
The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka..................Appellant
Vs.
Orex Networ......order dated 16th and 17th April, 2002 passed by a Division Bench of the High Court Division in Writ Petition No.1806 of 2000 making the Rule absolute.
2. The writ petition was filed questioning legality of listing House No.240 at Road No. (21 (old)/ 11/A (new)) in Dhanmondi Residential Area in..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....dated 27-3-2010 (Annexure-A2) in compliance with the aforesaid Memos dated 17-3-1997 and 5-5-02010 (Annexure-A and A-1) and/or why such other or further order or orders as this Court may seem fit and proper should not be passed. 2. The facts leading to the issuance of the Rule, in brief, is tha......has always , True to Form, Stepped in to Mitigate the Rigours of Strict Law- The doctrine of promissory estoppel has been variously called 'equitable estoppel', 'quasi estoppel' and 'new estoppel'. It is a principle evolved by equity to avoid injustice and through commo......ctors of Police pursuant to the respondent No. 7's recruitment notice as published in the Daily Samakal on 27-3-2010 (Annexure-A-2), shall not be declared to be without lawful authority and of no legal effect, and as to why the respondents shall not be directed to recruit/appoint/the petitioner ..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ......b Mian J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Secretary, Bangladesh Bar Council............Petitioner Vs. AFM Faiz and others................Respondents Judgment June 18, 2012. Result: All the c......Bar Council. Consequently, many Advocates have been shown as voters twice or thrice. The voter list prepared by the Bar Council on the basis of the lists of members of different Bar Associations is illegal. It has further been stated that election is a formal decision making process which cannot be ..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
....mant served notice bearing Memo No. Dudok/Zcko/Chittagong-2/470 dated 9-10-2007 upon the accused for submission of his wealth statement to the Commission's, District Office, Chittagong. In spite of proper service of notice, the accused-petitioner failed to submit his wealth statement within th......instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner. None represented—For the Respondent. Criminal Petition for Leave to Appeal No.202 of 2009. (From the judgment and order dated the 12th day of March, 2009 passed by the High Court Division in Criminal Miscellan......controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
.... prayer since the earlier order being an interlocutory order, the question of res-judicata normally does not arise, since the Court may reconsider its earlier interlocutory order on new facts if a proper application is filed. Accordingly, we treat the second application of the plaintiff as one o......Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Sayed Mahmud Hossain J Md. Shamsul Huda J Kabir Ahmed……………………….......Appellant Vs. Korban Ali and others……….........Respondents Judgment June 12, 2012. Result: The appe......parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ......ad Imman Ali J Md. Shamsul Huda J Kazim Uddin (Md.).......................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs and others.....................Respondents Judgment June 11, 2012. Result: The......d as such the period of limitation would start running from the date when the review filed by the petitioner was rejected and that the Administrative Appellate Tribunal without looking into this legal aspect of this case came to a finding that the case filed by the petitioner before the Adminis..Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390
....hort, was that their father Md. Sirajul
Islam Chowdhury and the brother-in-law of the writ petitioner No.1, namely, Syed
Muhammad Ullah were granted long term lease of 10 acres of land of abandoned property each by the Additional Deputy
Commissioner (Revenue), Sylhet on 05.08.1963 for a period of......n
(Civil)
Present:
Surendra Kumar
Sinha J
Md. Abdul Wahhab
Miah J
Nazmun Ara Sultana
J
Muhammad Imman Ali
J
Md. Shamsul Huda J
Secretary,
Ministry of Land, People's Republic of Bangladesh, Bangladesh Secretariat,
Ramna, Dhaka and others....................ed possession of
that land and since then they had been possessing the same by paying rents to
the Government. Md. Sirajul Islam Chowdhury subsequently died leaving the writ
petitioners as his legal heirs who have inherited his 10 acres leasehold land. The other lessee Syed Muhammad Ullah g..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)
....ision. 4. We have perused the complaint, the impugned judgment and heard the learned counsel for the petitioner. Learned Judges of the High Court Division have discharged the rule on assigning proper reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed.......J Md. Shamsul Huda J Md. Mofizur Rahman…………………………………………………….Petitioner Vs. The State, represented by the Deputy Commissioner, Chittagong and another..............................................Respondents Judgment June 4, 2012......n have discharged the rule on assigning proper reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ..Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....1) of the Income Tax Ordinance, 1984 and which could have been but not duly verified by the taxes authorities; (III) Whether the Taxes Appellate Tribunal was justified in law in not allowing the properly vouched and verifiable expenses under section 29(1) of the Income Tax Ordinance, 1984 ..............................Respondent Judgment June 3, 2012. Result: All the questions raised in the reference applications are decided in the affirmative in favour of the Department and against assessee. Case Referred To— Md. Yasin Miah and others Vs. Bangladesh and...... Being aggrieved by the said order, the assessee filed 2nd Appeal before the Taxes Appellate Tribunal, Division Bench-3, Dhaka (the Tribunal, in brief) stating that the Commissioner of Appeal was not legally justified in confirming major disallowances of the DCT and allowing a partial relief fr..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... Though facts relevant for the disposal of the question involved in these appeals have been exhaustively narrated by my learned brother, a decision on the question being dependant on facts, I feel it proper to state short facts for the brevity of my separate opinion. Victim Trisha, a minor girl of s......ossain CJ Surendra Kumar Sinha J Abdul Wahhab Mian J Naztnun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Mehedi Hasan @ Modern (Md.) and others…….............Appellants Vs. State………&hellip......ons 302/34 of the Penal Code. 4. It is argued that the facts proved by the prosecution do not come within the mischief of culpable homicide amounting to murder and therefore, the conviction is illegal. It is further contended that the knowledge or intention to commit an act specified in section..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
.... value of U$S 300,000 wherein a discount of approximately Tk. 61% was allowed on all subsequent purchase. 3. Upon implementation of the project it appears that some of equipment supplied were not properly and/or fully provisioned with the necessary software interface with the other equipments wh......tion No.28 of 2011. Judgment AFM Abdur Rahman J. - This application, under Section 7(ka) of the Arbitration Act, 2001, filed by the Bangla Phone Limited, against the Huawei Tech Investment Ltd. and another has been contested by the respondent No.2 and now disposed off by this judgment. 2. T......e petitioner, instead quoted higher prices for the equipments in the quotations. The petitioner requires for the smooth maintenance of the project and around of the project so the petitioner issued a legal notice dated 30.12.2007 which was replied by the respondent No.1 on 16.1.2008 showing an uncle..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
....register (Annexure-G) should not be declared to have been done without lawful authority and is of no legal effect and/or such other or further order of orders passed as to this Court may seem fit and proper.
2. The facts in the writ petition in short are that the petitioner, a Private Limited C......Jurisdiction)
Present:
Syed Refaat Ahmed J
Md. Akram Hossain Chowdhury J
PHP Float Glass Industries Ltd......................Petitioner
Vs.
Commissioner Customs, Excise and VAT and others.......Respondents
Judgment
May 30, 2012.
Result:
The rule is ......ccount register and stopping the supply of the goods till having positive balance in the said register (Annexure-G) should not be declared to have been done without lawful authority and is of no legal effect and/or such other or further order of orders passed as to this Court may seem fit and p..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
.... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ...... High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Kazi Md. Habib Ullah..................Petitioner Vs. Bangladesh and others..............Respondents Judgments May 30, 2012. Result: The Ru......sh panel for appointing a Nikah Registrar for No.1 Sindurpur Union Parishad under Upazila-Dagonbhuiyan, District-Feni should not declared to have been issued without lawful authority and hence, of no legal effect and as to why the respondents should not be directed to appoint the petitioner as the N..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
.... Dolly Rani Roy after her marriage obtained a probate in Probate Case No.72 of 1985 of the Third Court of Sub-ordinate Judge, Dhaka on the claim that her grandfather Harendra Kumar Sen bequeathed his property situated at 30, Birendera Bose Street, Dhaka in her favour by virtue of an unregistered Wil......ab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Bimal Chandra Sen.............................Appellant Vs. Md. Waliullah Chowdhury and others.......R......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
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