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Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)

....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. ..

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)

.... 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......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)

....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......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)

....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. ..

Category: Property Law | Date: 16 Apr, 2012 | Hits: 72

Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)

....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. ..

Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92

Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)

.... 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. ..

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......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)

....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. ..

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)

....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 ......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 and t..

Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120

Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)

....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. ..

Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2

Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)

....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   ..

Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13

Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)

....nce. The accused A.K.M. Shamsudohha appeared before the High Court Division and obtained ad-interim anticipatory bail. The case was then trans­ferred to the Court of Sessions Judge, Dhaka and at the time of hearing of dis­charge application under section 265C of the Code of Criminal Procedure, the......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. ..

Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212

Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)

....g his majority and, as such, he cannot be added as party, has no basis. On the other hand, the learned Advocate for the respondents herein submitted that since the applicant was minor at the relevant time his father cannot sell his property and, as such, he a necessary party in the suit and for prop......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. ..

Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30

Md. Mazakat Ali Harun and Others Vs. Export Import Bank of Bangladesh Limited and Others, 2012, 41 CLC (AD)

....7864(2154) dated 02.06.1999 as a Public Limited Company. The authorized capital of the company was taka 100 crore divided into 1, 00, 00,000 (one crore) ordinary shares of taka 100.00 each and at the time of incorporation, its paid up share capital was taka 22, 50, 00,000-00 (twenty two crore fifty ...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ..

Category: Company Law | Date: 9 Apr, 2012 | Hits: 223

Majad Hossain and another Vs. State, 2012, 41 CLC (AD)

....tablishment, the Asian Poly @ Box. The accused-petitioner 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 ......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ..

Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618

ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....letter requested respondent No.11 to take necessary steps in this regard. Respondent No.11 thereafter, paid balance auction amount after deducting Tk.7 lakh which was deposits respondent No.11 at the time of bidding as earn money. The Bank on receipt of the auction money from respondent No.11, trans...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ..

Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45

Rakibul Islam Vs. State, 2012, 41 CLC (HCD)

....ctim and the accused were residing. He is a hearsay witness. P.W.6, Dr. Gopendranath Acharjee, in his deposition stated that he was serving at Rajshahi Medical College Hospital at the rele­vant time on 5-6-2010 and on that date he examined the victim Shabana, while he was on duty; that he issu......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ..

Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64

M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....by the concern authority, according to the provision of 144 of the State Acquisition and Tenancy Act. The government owned and possessed the suit schedule land, as such, no objection was filed at the time of revisional survey in S.A. plot No. 166, 167, 172, 173 and 171 and the same was recorded as R......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ..

Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113

Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)

....d by law in any British possession or Foreign State to which the provisions of the one hundred and third section of the Patents, Designs and Trade Marks Act, 1883, are under Order-in-Council, for the time being applicable. “479. A mark used for denoting that moveable property belongs to a...... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ..

Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218

Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)

....to try any other related offences simultaneously if it is necessary to try them together for ends of justice. Therefore, there was apparent oversight on the pan of the Bicharak of the Tribunal at the time of framing the charge. There is no bar for the trial to proceed against the appellants for the ...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ..

Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5