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Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....eclaration that the preparation of revisional records of right of the suit property is wrong. 3. The case of the plaintiff petitioner, in short, is that the suit property originally belonged to Dadhiram Barman who is the CS recorded tenant. Dadhiram died leaving Aswani Barman and Tipri Barman, ......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ......ower which may also be exercised suo motu. Since the Rule is of 1987, and the matter is pending for hearing more then 26 years, it is very unfortunate for ends of justice, and the other hand the order of the Courts below are based upon proper consideration of the materials on records. Justice w......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....in: ......llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ......r the Appellants. Munsurul Haque Chowdhury, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For Respondent. Civil Appeal No.205 of 2007. (From the judgment and order dated 23rd February, 2005 passed by the High Court Division in Writ Petition No.1633 of 2003) ......llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ..Category: Others | Date: 10 Oct, 2012 | Hits: 144
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....r 8, 2012. Result: The Rule is disposed of. Binding force of a court A decree of a competent civil court is binding upon all the authorities of the People’s Republic of Bangladesh and therefore the respondents are legally bound to mutate the names of the petitioners in the ......udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ...... the names of the petitioners in the suit land but they are not performing their legal duties, so inaction of the respondents is illegal. ....................... (5) Social justice In order to ensure social justice as enshrined in Article 10 of the constitution, a constitutional cour......udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....ate Division (Criminal) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kaisor-uz-Zaman (Md.)...………&...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ......by Mahmuda Begum, Advocate-on-Record—For Respondent No.3. None represented—For Respondent No.1. Criminal Petition for Leave to Appeal No.390 of 2011. (From the judgment and order dated the 14th day of July, 2011 passed by the High Court Division in Criminal Miscellaneous C...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....order to find out the import and intent of the enactment, the provisions of the Act should be interpreted in such a way and manner in keeping with the intention of the Legislature so that the law can adequately serve the purposes and effectively deals with the offences. It should be borne in mind th......the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ...... law regarding bouncing of the cheque under the Negotiable Instruments Act, 1881 The purpose and object of enactment of law is to combat and prevent the offences disclosed in the enacted law. In order to find out the import and intent of the enactment, the provisions of the Act should be interp...... 4. It appears from the record of the case that the accused-petitioner Engineer Afsaruddin Ahmed in Criminal Miscellaneous Case No.4895 of 2009 approached this Court with an application for anticipatory bail whereupon this Court, by an order dated 10-8-2008, enlarged the accused-petitioner..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
....d in: 18 BLC (HCD) (2013) 231.
......The order of statue quo granted by this Court stands vacated.
The office is directed to send the lower Court's record.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 231.
......21-9-2000 and 2-10-2000 respectively passed by the Senior Assistant Judge, 6th Court, Dhaka, in Title Suit No.128 of 1999 dismissing the suit should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper.
2. This Court by order dated 1......The order of statue quo granted by this Court stands vacated.
The office is directed to send the lower Court's record.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 231.
..
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....ses Referred to- Anti-Corruption Commission Vs. Mohiuddin Khan Alamgir, 62 DLR (AD) 290; MA Hasham Vs. State, 17 BLC 136; Anti-Corruption Commission Vs. Shamima Begum, 62 DLR (AD) 277; Salma Shahadat Vs. State, 14 BLC 26; 15 BLC 107; Anti-Corruption Commission Vs. Shamima Begum, 62 DLR (AD) 277......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ...... GR No.99 of 2007 under section 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004, now pending in the Court of Special Judge, Court No.6, Dhaka, should not be quashed and/or pass such other order or orders as to this Court may seem fit and proper. 2. Pending hearing of the rule, all f......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Mirza Abbas Vs. State, 2012, 41 CLC (HCD)
....ndents not to arrest or harass the petitioner without due process of law in connection with Paltan Model Police Station Case No.5 dated 2-10-2012 under sections 4/5 of the Ain Shrinkhola Bignokar Aporadh (Druta Bichar) Ain, 2002 (as amended in 2010), now pending in the Court of learned Chief Metropo......earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ......on the respondents not to arrest and harass the petitioner without due process of law in connection with the present case. 3. Mr. Momotaz Uddin Fakir, learned Additional Attorney-General, on the order hand, submits that since the petitioner is not an accused in this case there is no scope to gi......earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ..Category: Criminal Law | Date: 4 Oct, 2012 | Hits: 7
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....rt Appellate Division (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 Agrani Bank.......................Appellant ......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......spondent No.1 (In Civil Appeal No.108 of 2008). None Represented—For Respondent Nos.2-4. (In Civil Appeal No.108 of 2008) Civil Appeal Nos.105-108 of 2008. (From the judgment and order dated 7-3-2007 passed by the High Court Division in Writ Petition Nos.5590 and 5539 of 2004). ......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
.... Present: Md. Rezaul Hasan J Motaher Hossen……………………………...........................Petitioner Vs. Bangladesh Commerce Bank Limited and others………...Respondents Judgment Octo...... plaintiff, prayed for a declaration that the notice of the 13th AGM published on 21-7-2011 in the Financial Express and minutes of 189th board meeting were illegal, and the plaintiff has obtained an interim order of injunction on 18-8-2011 from the court below against holding of the 13th AGM, that ......ff, prayed for a declaration that the notice of the 13th AGM published on 21-7-2011 in the Financial Express and minutes of 189th board meeting were illegal, and the plaintiff has obtained an interim order of injunction on 18-8-2011 from the court below against holding of the 13th AGM, that the Bank......nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
....i blows on different parts of her body causing injury. While the neighbours came to save her and enquired about the occurrence but she told that it was their family matter. After 10 days she herself made a petition of complaint and filed before the learned judge, Nari-O-Shishu Nirjatan Daman Tribuna...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......pellants. No one appears—For the State. Criminal Appeal No. 4282 of 2609 Judgment Mr. Md. Abu Zafor Siddique J.— This appeal is directed against the judgment and order of conviction and sentence dated 17/06/2009 passed by the of Nari-O-Shishu Nirjatan Daman Trib...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....ormation regarding unauthorised arms, on 3-4-2007 at 23-30 hours SI Md. Roushan Ali (P.W.3) accompanied by other police personnel's launched a drive and laid in wait in "NAM Villa" of road No.15, house No.20+22, Gulshan-1 (briefly as PO) to nab the suspected arms bearer. Later, at 23-4......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ......mdash;For the Respondent. Criminal Appeal No.2871 of 2007. Judgment Syed Md. Ziaul Karim J. - By this appeal the appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 20-6-2007 passed by learned Judge of Metropolitan Specia......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
..............................Opposite-Party Judgment August 29, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears—For the Petitioners. Bishmadev Chakraborty, Deputy Attorney-General with Syeda Rabia Begum, Assistant Attorney-General—F......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......pposite-Party. CriminaI Revision No.165 of 1998. Judgment AKM Shahidul Huq J. - This Rule was issued calling upon the opposite-parties to show cause as to why the impugned Judgment and order dated 18-9-1997 passed by the learned Additional Sessions-Judge (3) Special Court, Dinajp......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)
....Opposite-Party Judgment August 22, 2012. Result: The Rule is discharged. Sine die postponement discouraged When a title suit is filed later than a criminal case has already been disposed of in that case there is no bar to proceed with the criminal case........ (7) ......arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ......lainant filed Title Suit No.344 of 1994 in the second Court of the then Sub-ordinate Judge, Noakhali for declaration of title in respect of 'B' schedule land and also for declaration that the order dated 7-9-1994 constituted by Assistant Custodian Vested and Non-resident Property is illegal,......arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ..Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9
Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)
....possession of the convict appellant by such unimpeachable evidence……………….. (15) Lawyers Involved: No one Appears—For the Appellant. Bishmadev Chakrabortty, Deputy Attorney-General with Syeda Rabia Begum, Assistant Attorney-General—......f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ......with Syeda Rabia Begum, Assistant Attorney-General—For the State. Criminal Appeal No.1326 of 2000. Judgment AKM Shahidul Huq J. - This appeal is directed against the judgment and order dated 23-5-2000 passed by the learned Special Tribunal No.3, Comilla in Special Tribunal Case ......f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ..Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8
Kamal Vs. State, 2012, 41 CLC (HCD)
....l...........................Convict-Petitioner Vs. State.................................Opposite-Party Judgment August 16, 2012. Result: The rule is made absolute. Testimony of police personnel Though it is well settled that a conviction ca......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ...... Md. Abu Zafor Siddique J. - On an application under section 561A of the Code of Criminal Procedure and a rule was issued calling upon the opposite-party to show cause as to why the judgment and order of conviction and sentence dated 6-3-2008 passed by the learned Metropolitan Special Tribunal ......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
..... ......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......T, pursuant to Sections 89 and 90 of the BTA, the BTRC got the power to revalidate the license Agreement. Then the BTRC vide letter No. BTRC/Mobile/Sheba 2002-5 dated 27-12-2004 issued a revalidation order an amended License Agreement including additional conditions, an addenda to the amended L......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Tapan and others Vs. State, 2012, 41 CLC (AD)
....of the petitioners is commutated to imprisonment for life………………(7) Lawyers Involved: Khondaker Mahbub Hossain, Senior Advocate, instructed by Mohammad Ali, Advocate-on-Record—For the Petitioner. (In Criminal Petition Nos.91 & 195 of 2010)......ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ......riminal Petition No.145 of 2010) None Represented—For the Respondent. (In all the cases) Criminal Petition for Leave to Appeal Nos.91, 195 and 145 of 2010. (From the judgment and order dated 18-8-2009 passed by the High Court Division in Death Reference No.74 of 2005 with Crimin......ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
....s.
The Secretary, Ministry of Law, Justice and Parliamentary Affairs and
others.......................Defendant-Opposite Parties
Judgment
August 8, 2012.
Result:
The is made absolute.
Cases Referred to-
Bangladesh and others Vs. A.K.M. Zahangir Hossain and oth...... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
......the appeal and reversing the judgment and decree dated 27.05.1996 passed by the Senior Assistant Judge, Narail Sadar in Title Suit No. 455 of 1978 should not be set-aside and/or such other or further order or orders passed as to this court may seem fit and proper.
2. The facts leading to the is...... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
.... Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka.............Appellant Vs. ATM Mannan and another.......................the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......ocate, instructed by Sufia Khatiun, Advocate-on-Record-For Respondent No.1. Md. Taufiq Hossain, Advocate-on-Record- Respondent No.2. Civil Appeal No. 99 of 2008. (From the judgment and order dated 23-8-2006 passed by the High Court Division in Writ Petition No.5426 of 2004). Judg......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
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