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Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....te, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent No.4. None represented—Respondent Nos.1-3. Civil Appeal No.233 of 2002. (From the judgment and order dated 25th April,2000 passed by the High Court Division in Civil Revision No.2923 of 1994). Jud......is of their deed of sale dated 22-3-1966 and that prior to that their vendor Rashid Ali purchased the suit land from Ranjit Kumar Kar and his three brothers and that the High Court Division failed to notice that the document dated 11-2-1953 being a document of 30 years old would go into evidenc......Judge, First Court, Sylhet in Title Suit No.56 of 1983. 2. The facts involved in the appeal, in brief, are as follows: The appellants herein as the plaintiffs filed Title Suit No.56 of 1983 for declaration of title, confirmation of possession and for permanent injunction in respect of..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....duced adequate evidence of payment of rent to discharge that burden. 7. Learned Advocate refer to certain exhibits which according to him prove payment of rent are:— i) Debit Vouchers dated 30-11-1999 & 30-11-2001 signed by both parties Exhibit Ga and Gha, ii) Statement of Accoun......reement and out of rent of Taka 45,000 sometimes paid rent, at Taka 500, sometimes 2,000, 5,000 and 10,000 as a result huge amount of money as rent was fallen due. Plaintiffs on 1-9-2002 served legal notice upon defendant under section 106 of the Transfer of the Property Act and thereafter, filed th......t case defendant being a defaulter cannot restrain the plaintiff landlord from evicting him from the suit premises permanently.....……………… (45) Agreement for lease is void under section 23 of the Contract Act when its object is not lawful and that it hav..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....ndent No. 3 (In both the cases) Not Represented-For Respondent Nos. 4-11. (In both the cases) Civil Petition for Leave to Appeal Nos. 640 and 641 of 2011. (From the judgment and order dated 8.3.2011 passed by the High Court Division in Writ Petition Nos.1890 and 1892 of 2011.) J......Court Division upon hearing the parties by two separate judgments dismissed the writ petitions summarily. While dismissing the petition of Prof. Muhammad Yunus, the High Court Division noticed section 14(4) of the Ordinance and the Regulations of 1993, and came to the conclusion that ......; Exen Industries Vs. CCIE, AIR 1971 SC 1025; Century Spinning Vs. Ulhasnagar Municipal Council AIR 1971 SC 1021; Veerappa Vs. B.P. Dalal AIR 1975 SC.778; Council of Civil Service Unions Vs. Minister for the Civil Service (1984) 3 All KR 935 at 949; Mati Ram Deka Vs. NEF Railways, AIR 1964 S.C.600; ..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)
....h;For the Opposite-Party. Civil Revision No.2603 of 2011 Judgment AFM Ali Asgar J. - This Rule was issued calling upon the opposite-party to show cause as to why the judgment and order dated 9-1-2011 passed by the learned District Judge, Dhaka in Arbitration Miscellaneous case No.477 ......1st party but in violation of the contract they made advertisement for construction of space/floor from 4th Floor to 9th Floor and in such circumstances, the 1st party issued a legal notice and also requested by writing letter to the 2nd party for issuance of work order for construc......n 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 Arbitration act is a special law for adjudication of the dispute between the parties who agreed for holding of arbitration as such it..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....ik-Al-Jalil, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.639 of 2009. (From the judgment and order dated 05.01.2009 passed by the Administrative Appellate Tribunal, in Appeal No.206 of 2003). Or......nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ...... Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Rajik-Al-Jalil, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.639 of 2009. (From the judgment and order dated 05.01.2009 passed by the..Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
.... Gias Uddin Ahmed, Advocate-on-Record-For the Petitioners. None represented-For the Respondent. Civil petition For Leave to Appeal No.665 of 2009. (From the judgment and order dated the 28th January of 2009 passed by the Administrative Appellate Tribunal in Administrative A......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. ......rials, such as, the order passed by the Administrative Tribunal in the Administrative Tribunal case, the Memorandum of Appeal of the Administrative Appellate Tribunal Appeal No.235 of 2005 filed before the Administrative Appellate Tribunal, we have gathered facts which are as follows: The s..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)
....nstructed by Mr. B. Hossain, Advocate-on-Record—For the Petitioner. Not represented-The Respondent. Criminal Petition for Leave to Appeal No.223 of 2009. (From the judgment and order dated 23.11.2008 passed by the High Court Division in Criminal Appeal No.2970 of 2006.) Order ......essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ...... Lawyers Involved: Murad Reza, Additional Attorney General instructed by Mr. B. Hossain, Advocate-on-Record—For the Petitioner. Not represented-The Respondent. Criminal Petition for Leave to Appeal No.223 of 2009. (From the judgment and order dated 23.11.2008 passed by the..Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....ssions Judge, Cox's Bazar shall not be directed to give effect to the order of remission of sentence of the petitioner in ST No.25 of 1987 as passed by the President being Memo No.143-P-45/92(Kara-2) dated 12-4-1993 as communicated to the petitioner by Memo No.3-16/92 dated 08-6-1993 of the opposite......e High Court Division directed the petitioner to surrender to the trial Court, the petitioner without complying the said order of the High Court Division had pursued for his pardon. We have already noticed that on 19-12-1992 the Judgment and order along with lower Court record was sent to the Cour......amining the order of the Ministry of Home Affair's to remit the sentence of the petitioner……………(28) Fugitive from justice A man who seeks justice from the Court of law must come before the Court to agitate his grievance and must surrender first to the process of justice, otherwis..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)
..... 429 of 2010) None represented—For the Respondent (For Civil Petition No. 640 of 2010) Civil Petition for Leave to Appeal Nos. 429 with 640 of 2010. (From the judgment and order dated 18.11.2009 passed by the High Court Division in Writ Petition No.7309 of 2006) Judgment ......judgment debtor failed to pay the decreetal amount, the decree-holder Bank on 31-01-2001 filed Artha Rin Execution Case No.02 of 2001. In the Execution case after completion of all legal formalities, notice was published for sale of the mortgaged property of the judgment debtor in auction but no bid......ip;………….........Respondents Nasima Enterprise..................... ...............Respondents Judgment April 19, 2012. Result: The Civil Petitions for Leave to Appeal are dismissed. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, i..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....ujan, Advocate with Mahbub Ali, Advocate instructed by Zainul Abedin, Advocate-on-Record—For the Respondents. (In all cases) Civil Appeal Nos.14-19 of 2005. (From the judgment and order dated the 21st day of May, 2003 passed by the High Court Division in Writ Petition Nos.6410, 6411 ......ir (42+42)=84 pieces of gold after assessing the customs duty as per the Baggage Rules. The Joint Commissioner of Customs, Zia International Airport by his memo dated 5-3-2001 issued a show cause notice upon the Officer-in-Charge of the godown of valuable goods (মূল্যবান গু......: The appeals are allowed. Maintainability of writ petition where specific criminal case has already been started When a specific criminal case is started and now pending before the concerned Special Tribunals, the criminal case should be resolved there. If the party wh..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....ion No.642 of 2009). Not represented-Respondents (In Civil Petition No. 684 of 2009). Civil Petition for Leave to Appeal Nos.642 of 2009 with 684 of 2009. (From the judgment and order dated 14.01.2009 passed by the High Court Division in Civil Revision Nos.1-302 of 2003 and 1303 of 2......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. ......oner (In Civil Petition No.684 of 2009). Not represented-Respondents (In Civil Petition No.642 of 2009). Not represented-Respondents (In Civil Petition No. 684 of 2009). Civil Petition for Leave to Appeal Nos.642 of 2009 with 684 of 2009. (From the judgment and order dated 14.01..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....he Opposite-Parties. Civil Revision No.1304 of 1999. Judgment Shahidul Islam J. - This Rule was issued calling upon the Opposite-Parties to show cause as to why the judgment and decree dated 20-4-1999 passed by the Senior Assistant Judge, Sadar, Mymensingh in Small Cause Court Suit No......e tenant of that premises had handed over vacant possession in favour of the plaintiff as he was requested. The plaintiff being aware of the fact of purchase has defaulted paying rent and, as such, a notice under section 106 of the TP Act (Exhibit 1) was sent on 10-1-1993 to the defendant and the de......, Sadar, Mymensingh in Small Cause Court Suit No.7 of 1996 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. Facts relevant for disposal of the Rule are that the plaintiff of the suit is the petitioner before this Court who ..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
....ecord—For the Petitioners No.1 (In Criminal Petition No.234 of 2010). Criminal Petition for Leave to Appeal Nos.190-191 of 2010 with Nos. 233-234 of 2010. (From the judgment and order dated 8-12-2009 passed by the High Court Division in Criminal Appeal No. 3099, 5249, 5250 of 2009 an......less the question of law involved in these petitions is settled by this Division, the Commission would face similar eventuality in respect of other pending appeals is the High Court Division. We noticed that though the High Court Division added the petitioner in the appeals, did not assign any ......91 & 233 of 2010). Ahsanul Karim, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-record—For the Petitioners No.1 (In Criminal Petition No.234 of 2010). Criminal Petition for Leave to Appeal Nos.190-191 of 2010 with Nos. 233-234 of 2010. (From the judgment and order..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
....nstructed by Md. Zahirul Islam Advocate-on-Record—For the Appellants. Sufia Khatun, Advocate-on-Record—For Respondent. Civil Appeal No. 478 of 2009. (From the judgment and order dated the 7th day of May, 2009 passed by the High Court Division in Writ Petition No.2775 of 2009).......alia, that on a secret information received by the customs authority regarding misdeclaration of the imported goods by the petitioner, they assessed the goods and after assessment issued assessment notice, delivery order as per normal practice. The assessing officer and the principle appraiser pu...... the judgment. 2. Facts giving rise to this appeal are as follows: The sole respondent as petitioner (hereinafter referred to as the petitioner) filed the above mentioned writ petition before the High Court Division challenging the inaction of writ-respondent Nos.1-3, appellant Nos.1-..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)
....ted by Md. Zahirul Islam, Advocate-on-Record—For Respondent No.1. Not represented-For Respondent Nos.2-12. Civil Petition for Leave to Appeal No.261 of 2011. (From the judgment and order dated 4th May, 2010 passed by the High Court Division in Writ Petition No.7942 of 2009). Order ......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. ......or the Petitioners. Abdur Rob Chowdhury, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record—For Respondent No.1. Not represented-For Respondent Nos.2-12. Civil Petition for Leave to Appeal No.261 of 2011. (From the judgment and order dated 4th May, 2010 passed by th..Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120
Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)
.... None Represented—Respondent Nos.2-9 (In Civil Petition No.1988 of 2011) Civil Petition for Leave to Appeal Nos. 350 of 2012, 1988 & 1589 of 2011. (From the judgment and order dated 6-1-2011 passed by the High Court Division in Writ Petition No. 5184 of 2010, from the judgmen......fore excluding the name of these educational institutions from the list of MPO the authority concerned did not give any opportunity to these educational institutions of being heard nor any show cause notice was served upon these educational institutions assigning any reason whatsoever for excluding ......s of being heard complying the demand of natural justice. Admittedly, all the three educational institutions in questions were included in the list of MPO by the authority concerned. Before excluding these educational institutions from the list of MPO the authority concerned ought to ..Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13
Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)
....cted by Muhammad Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented-For Respondents. Criminal Petition for Leave to Appeal No.175 of 2009. (From the judgment and order dated 11th November, 2007 passed by the High Court Division in Criminal Miscellaneous Case No.3280 o......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ...... granted. Lawyers Involved: Dr. A.K.M. Ali, Advocate, instructed by Muhammad Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented-For Respondents. Criminal Petition for Leave to Appeal No.175 of 2009. (From the judgment and order dated 11th November, 2007 pass..Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212
Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)
....epresented—For the Respondent Nos.1-18. Civil Appeal No.395 of 2010. Judgment Md. Shamsul Huda J.- The instant Civil Petition for Leave to Appeal is directed against the judgment and order dated 19-11-2009 passed by a Single Bench of the High Court Division in Civil Revision No. 2214 of 2......d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......ara Begum Advocate-on-Record-For the Respondent No.1. None Represented—For the Respondent Nos.1-18. Civil Appeal No.395 of 2010. Judgment Md. Shamsul Huda J.- The instant Civil Petition for Leave to Appeal is directed against the judgment and order dated 19-11-2009 passed by a Single B..Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....etitioner submitted an application to the complainant-company for short term loan facility and a loan of TK. 15,00,000.00 was sanctioned to him. At the time of payment of the loan amount, 6(six) post-dated cheques were issued by the accused-petitioner in favour of the complainant-company as security...... of dues, when the cheques were presented to the Bank for encashment, those were dishonoured on 04.10.2007 for insufficiency of fund in the account of the drawer (the petitioner). Thereafter, a legal notice was issued to the accused-petitioner on 31.10.2007 demanding payment of money of those dishon...... Lawyers Involved: SK. Zulfiqur Bulbul Chowdhury, Advocate instructed by Syed Mahhubar Rahman, Advocate-on-Record-For the Petitioners. None represented-For the Respondent. Criminal Petition for Leave to Appeal Nos. 361 And 366 of 2010. Judgment Md. Abdul Wahhab Miah J. - Identical f..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618