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National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ...... who by reason of poverty, lack of education, helplessness, social disabilities or economic paucity cannot seek legal redress for the violation of their rights, fundamental or legal in the court of law. The High Court Division should guard to see that it's processes are not abused by any person ..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....his 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) 308. ...... Code of Civil Procedure; ii) no claim was made regarding benami transaction or benami acquisition of property and, as such, the suit barred. In support of his contention he referred to the case law of Government of Bangladesh Vs. Sheikh Hasina, reported in 60 DLR (AD) 90. iii) the suit i..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
....oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......as issued for calling an EGM although the Board of directors has not taken any decision to call any EGM for amendment of article 14 and Article 26 and, as such, the said notice was called without any lawful authority and with ulterior motive to grab 100% controlling power by the respondents. He..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)
....r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27 ......ated in Section 12(5)(ka) of the Artha Rin Adalat Ain, 2003 the petitioner bank filed an application before the District Magistrate, Chittagong for taking necessary steps as per the said provision of law. But despite filing of such application the respondents are not taking necessary steps. It furth..Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......In writ petition No. 3877 of 2009) Writ Petition No. 3877 with 3904 of 2009. Judgment Md. Ashraful Kamal J. - Since in these Writ Petitions there involved a common question of fact and law, those are heard and disposed of by this judgment. 2. In Writ Petition No. 3 877 of 2..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......o harbour any doubt in the mind of the accused that the learned Magistrate was influenced by any other extaneos consideration for which he suspected that he would not be dealt with in accordance with law on the date so fixed. Even then, the accused-respondent moved the High Court Division an applica..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ...... cited as witness No.1. The learned Magistrate, 1st Class, by order dated 14.06.1999 sent the complaint of Arabjan Bibi to the Officer-in-Charge, Moulvi bazar Police Station, for taking action as per law and to inform the Court as to the action taken. The complainant Arabjan Bibi remained absent in ..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......statement under section 164 of the Code of Criminal Procedure. She further submits that if confessional statement is voluntary and true and the recording is in accordance with law, in that case Court can convict the accused on the basis of confessional statement She fur..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......ed in different Banks in the name of deceased Abdul Majid. After the death of Abdul Majid, his aforesaid sons, daughters and wife became owner and possessor of the property as successor as per Muslim law of inheritance. Plaintiff No.1 is the husband of the plaintiff No.2. Plaintiff No.1 purchased .0..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......d Article 78(1) of the Constitution and what reasonable action may be taken for such conduct is being left for the Hon'ble Chief Justice for necessary action in consideration of the matter is without lawful authority and of no legal effect. 2. It has been stated in the petition that the petition..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Nalu Vs. State, 2012, 41 CLC (AD)
....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......isoner, submits that the condemned-prisoner seeks mercy of this Court and that his sentence of death may be commuted to one of imprisonment for life. There is no scope for showing mercy in a Court of law. But it is not out of place to quote a few lines from “The Nature of Judicial Process by B..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
.... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ......ecutive Committee of Bangladesh Shooting Federation (hereinafter referred to as the Federation) on the basis of election of the said Federation held on 23rd December, 2008 to have been issued without lawful authority and is of no legal effect. The petitioners also sought a direction upon writ-respon..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ......eview of the said order in the High Court Division. The Secretary, Ministry of Lands, contested the writ petition and claimed that the Revenue Officer legally changed the record in accordance with law since the recorded tenant Gulshan Roushan Ally left this country in 1971 and his whereabouts ha..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......illegal as the defendant No.1had no authority to issue such show cause notice upon the plaintiff. That the previous committee wherein the plaintiff was General Secretary was still in existence as per law and the defendant did not have any right to amend the constitution of the association. That..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
....ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......aside the subsequent order of the Artha Rin Adalat passed in Miscellaneous Case No.22 of 2006 and directed the Artha Rin Adalat to dispose of the Miscellaneous Case No.22 of 2006 in accordance with law. 3. Being aggrieved by the said judgment and order, the auction-purchasers who are respon..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
.... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ......Vs. Md. Raisuddin and others................Plaintiff-Respondent-Opposite-Parties Judgment July 12, 2012. Result: The rule is made absolute. It is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be settled only up..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)
....ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ......petitioners seek leave from a judgment and order of the High Court Division in Writ Petition No.10747 of 2006 making the rule absolute and declaring the impugned order to have been issued without lawful authority. 2. Writ petitioner was appointed as an auditor in the Thana Accounts Office,..Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4
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)
....ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......t been denied. Therefore, we find nothing wrong on the part of the petitioner to pursue his remedy in a proper forum, and we are constrained to say that the revisional Court without caring to see the law, namely, sections 40 and 42 of the Ain, 2003 observed that the revision application filed by the..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143