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Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)
.... Md. Ashfaqul Islam J Mustafa Zaman Islam J Marzan Abedin………………………….Petitioner Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others.........Respondents Judgment May 15, 2012. Result: The......ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ......el, Dhaka filed Artha Rin Case No.115 of 2005 in the Court of the 4thy Artha Rin Judge, Dhaka which was decreed on 30-11-2005. The respondent No. 2 filed Artha Execution case No. 790 of 2005 for recovery of decreetal amount. By the impugned order No. 7 dated 27-7-2006 the respondent No. 2, Bank......ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ..Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4
Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)
....al Jurisdiction) Present: Tariq ul Hakim J Md. Faruque J Seven Circle Bangladesh Ltd...........................................Petitioner Vs. Chairman, Labour Appellate Tribunal, Dhaka and others........Respondents Judgment May 15, 2012. Result: ......ribunal is to be declared to have been passed without lawful authority and is of no legal effect. 4. Mr. Chowdhury Sanwar Ali, the learned Advocate for the respondent however submits that at the time of the passing of the judgment by the labour Court, the new act i.e. the Bangladesh Labour Act,......reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ......reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ..Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....R (HCD) (2015) 63 & 69 ......l the institutions, investigating agencies, the ICT and the judiciary of this country in such a sweeping way is not acceptable. On the other hand, criminal liability does not lapse with the efflux of time. Therefore, this argument has no substance. 11. Again, although the petitioner has raised ......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....h Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Md. Shahidul Islam......................Petitioner Vs. State and another....................Opposite parties Judgment May 13, 2012. Result: ......t at 12 noon on 13.06.2008 the complainant gave Tk.3,50,000/- to the accused Shahidul Islam for arranging service abroad but the accused did not send him abroad or did not return money. In the meantime on 24.04.2009, the complainant got an interview card for the post of Assistant Sub-Inspector o......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
....the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
......se conditions. A tripartite meeting of the Central Receiving Committee, Sub-Committee and Amicable Settlement Committee was held at last on 15-7-2008, and the Central Receiving Committee took 3 weeks time. But subsequently, the Registrar of the BSMMU refused to accept all machineries of the was...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....ourt records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ......g by Challenging the Title- It is settled principle of law that tenant can file suit but that he can done after surrendering the suit premises to the plaintiff landlord. Moreover, at no point of time tenant has right to challenge the title of landlord. In the instant case defendant being a...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ......ful and all these categories, if proved, tenant shall be evicted. As such, a tenant must be vigilant at least in payment of rent and to collect receipt of payment from the landlord. Law gives all the arms in the hand of landlord for eviction of a tenant whether desirable or undesirable and to avoid ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ...... of its authorized capital, prior approval of the Government is necessary under section 6(3). It is also provided in section 7(2) that the Government may increase the paid up capital of the Bank from time to time in its sole discretion. Section 10(1) provides that the Chairman of the Board will be a......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
...., 2012. Result: The Rule is discharged. District Judge not amenable to the High Court Division No appeal or revision lies against an order passed by the District Judge in an arbitration case as per provision of Arbitration Act, 2001. Special law prevails over general law ......arned District Judge, Dhaka in Arbitration Miscellaneous case No.477 of 2010 granting injunction restraining the Rule petitioner i.e. 2nd party making any construction on the land in question. At the time of the issuance of the Rule, the Rule issuing Court was pleased to issue an ad-interim order in......py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ......py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
.... on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97. ......the order dated 09.05.1999 passed by the Secretary, Ministry of Home Affairs, rejecting his appeal filed against the order dated 29.09.1998 imposing a major penalty upon him by degrading him to the time scale, i e. below his salary scale (তাহার বেতন স্কেলের নি......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97. ......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97. ..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
.... Division (Criminal Revisional Jurisdiction) Present: M Enayetur Rahim J SM Zakir Hossain J Sarwar Kamal…………………………………….Petitioner Vs. State………………………………………...........Opposite Parties Judgment April......g with others (in total 15 persons were put on trial before the 1st Court of Assistant Sessions Judge Cox's Bazar, (that was performing the function of Additional Sessions Judge at the relevant time) in Sessions Trial No.25 of 1987 arising out of Teknaf Police Station Case No.8(7)/81. 3......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....ons for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ...... the Code of Civil Procedure read with section 57 of the Artha Rin Adalat Ain, 2003 (shortly, the Ain) for restoration of possession of 0.75 decimal of land of the same plot. He contended that at the time of taking over possession of the mortgaged property, the auction, purchaser in collusion with t...... No.2 herein Uttara Bank Limited, Munshigonj Branch, Munshigonj, as the plaintiff, instituted Artha Rin Suit No.05 of 1997 in the First Court of Subordinate Judge and Artha Rin Adalat, Munshigonj for recovery of loan amounting to Tk. 5,20,932 impleading M/s. Nasima Enterprise and others as the defen......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....peals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......authority for assessment and clearance under the Baggage Rules, 2000, in short, the Baggage Rules. Respondent No.4, Mobara Khanum, Assistant Commissioner of Customs who was on duty at the relevant time demanded excess money over and above the legal customs duty from the petitioners and said Abul...... pieces of gold allegedly brought by the petitioners and Abul Hossain from Singapore, non-production of receipt as to the purchase of gold in Singapore before the customs authority and as to the recovery of the entire quantity of gold from Abul Hossain alone were asserted by the contending p......e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)
....d order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ......the plaintiffs could not establish any case to the effect that the defendant No.4 the deity settled the suit land with them for legal necessities. The High Court Division further observed that at the time of alleged settlement of the suit land in favour of the plaintiffs the deity had no rent receiv...... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ...... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ..Category: Property Law | Date: 16 Apr, 2012 | Hits: 72
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....n of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......d Joint District Judge, First Court, Dinajpur, by his order dated 02.11.2002 appointed receiver in respect of the suit land. The learned Joint District Judge came to a finding that it could take long time for disposal of the suit because drawing up of final decree in a suit for partition usually wou......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....nth. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ...... a co-pre-emptor at a subsequent stage. The learned advocate has contended that since the trial court found the co-preemptor's application under section 96(4) of the State Acquisition and Tenancy Act time barred he was not entitled to get pre-emption of the case land and in the circumstances the......eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
.... ......ly no new tenancy was established between the plaintiff and the defendant. From the discussion as made above, I am inclined to answer the question No. (b) and (c) in the affirmative. At the same time I am inclined to hold that the attornment made after words will not affect the status of the de......ent ordinarily to be made if rent paid at allowable rate—(1) Notwithstanding anything contained in the Transfer of Property Act, 1882, or the Contract Act, 1872, no order or decree for the recovery of possession of any premises shall be made as long as the tenant pays rent to the full ext......ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
....owed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ......07 1C dated 24-3-2009 through the L/C opening bank. The petitioner also received Commercial Invoice, Packing List, Bill of Lading, Certificate of Origin from the respective person in due course of time. After arrival of the goods from Thailand, the petitioner through his clearing and forwarding ....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)
....eafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ......inst the fundamental rights guaranteed in Articles 27, 29 and 31 of the Constitution. It is respectfully stated that the writ petitioners have completed 15 years of service, they were granted first time scale on completion of 08 years service, second Time Scale on completion of 12 years service ......tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ......tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ..Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
.... concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......wife-Jutsna Begum, mother of the P.W., Gulapjan Bibi, daughter-Ayesha Begum, nephew-Abul Mansur, son-Abul Fazal and brother's wife-Nur Banu took shelter in the southern room of his house. At that time, the P.W. pushed his brother, Abdur Rakib, in the Baithakkhana which is adjacent to the souther......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)
.... In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ......he educational institutions in question from the list of MPO illegal and rightly directed the respondents to include the name of these educational institutions in the list of MPO within the specified time if these educational institutions fulfill the requirements. . . . . . . (12) Lawyers Invol......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ..Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13
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