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Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....examination of the signatures appearing in the disputed deed of agreement by a handwriting expert and then to dispose of the suit on the basis of the report and other materials on record. 2. Facts relevant for the disposal of this petition are as under: Petitioner (plaintiff) instituted Other Cla......is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......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 Dream Land Properties Ltd.................................................................Petitioner Vs.......is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....rned with the justice dispensation system. 25. Therefore, we are also of the considered opinion that without being confined to the four corners of the Code of civil Procedure and other laws relevant for the purpose, we must promote the concept of social justice so that life of the peo......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......ported in: 65 DLR (HCD) (2013) 59. ......closing that the suit was brought for partition of the entire property left behind by Badsha Miah described in Ka, Kha, Ga and Gha schedule of the plaint. 28. This witness also produced the documents. This witness also disclosed that the decree on compromise obtained in Title Suit No...Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
.... persons of the charge under sections 302/34. These three convicts Muzibur Rahman, Fayzul Haque @ Fazal and Babul obtained leave from the judgment of the High Court Division. 3. Short facts relevant for the disposal of the appeal are that the accused persons were involved in terrorist acti......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......ud Hossain J Md. Shamsul Huda J Md. Imman Ali J Muzibur Rahman and others ……………….... Appellants (In Criminal Appeal No.3 ......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....he Administrator to grant lease of any part of the waqf property in perpetuity. 7. Points raised require analytical consideration of certain provisions of the Waqfs Ordinance and other laws relevant for the disposal of the in matters. Sections 27 to 46 have been placed in Chapter III ......nufactured goods. It claimed concessional rates on the ground that the word 'coated paper' has been set out in the proviso along with other 4 items and used in wider sense and includes coated papers of all varities, it should be interpreted by applying the principle of 'noscitur a s......p; Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Md. Imman Ali J Kalim Ullah (Md.) and others ...............Appellant Vs. Fariduddin Ahmed…………&h...... decision on the deed of lease. Such finding on possession based on total 'non-reading of the evidence oral and documentary on record cannot also be sustained in law." 73. From the documents incorporated in the paper book of Leave Petition No.1568 of 2007, it appears that pursuant..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
.... 304A/34 of the Penal Code, 1860 now pending in the Court of Additional Sessions Judge, Jhenaidah should not be quashed so far as it relates to the accused petitioner Khalekuzzaman. 2. The facts relevant for disposal of the Rule are as hereunder:- On 30.05.07 a frivolous and malicious comp......oth the sides at length and perused the application filed under section 561A of the Code of Criminal Procedure, impugned order dated 25.05.2008 of learned Additional Sessions Judge and other relevant papers and documents for disposal of the Rule and also perused the Nelson Textbook of Pediatrics, th......nt: Siddiqur Rahman Miah J AKM Shahidul Huq J Dr. Khalekuzzaman………………………….......Petitioner Vs. The State and another…………………………Opposite ......the learned Senior Counsel submits that the learned trial court while disposing the application under section 265C of the Code of Criminal Procedure did not properly consider the case records and the documents submitted therewith. Mr. Islam contended that the learned judge failed to give reasons for..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....further require to see that the decree is not in excess of or not otherwise in accordance with the award. Having considered the facts and circumstances of the case the arbitration clause and the relevant provisions of the Act, we can easily form the opinion that, there is no valid appointment o...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......efined in the Arbitration Act. Order XX, rule 4(2) of the Code requires that judgments of all Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section 17 of the Arbitration Act empowers the Court to pronounce...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
....vided a forum for second review. 13. However, it appears that the learned Judges of the High Court Division considered the contentions of both the contesting parties deeply and examined the relevant provisions of Land Appeal Board Rules, 1990 meticulously and by making elaborate discussion...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ......Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Nawabgonj Government College.....................Petitioner Vs. Aftabuddin (Md.) and others.........................Respondents Judgment January 23, 2012. Result: ...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......im into a car in a filmy style on the false assurance that they would pay the balance money and after driving the car for some time compelled defendant No.2 to sign on some blank stamps and cartridge papers and then dropped him from the car. On 1-3-2005, defendant No.2 lodged a General Diary with Ra......bsp; Nazmun Ara Sultana J Md Shamsul Huda J Syed Mahmud Hossain J Md. lmman Ali J Atif Atiq (Md.) and another..........................Petitioners Vs. Nurun Nahar Begum and others............... fact of non-signing of the tripartite agreement by defendant No.3. Later on, the plaintiff came to know that defendant No.3 in order to deprive the plaintiff of the suit flat created some fraudulent documents in respect of the same in favour of his son and daughter, i.e. defendant Nos.4 and 5. In t..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....(1) read with section 435 of the Code of Criminal Procedure has obtained the present Rule. 7. Mr. Md. Khurshid Alam Khan, the learned Advocate appearing on behalf of the petitioner referring the relevant provisions of Children Act, 1974 submits that the accused-petitioner was a child that below......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......D 542; Monir Hossain Vs.State, 53 DLR 411; Abdul Monem Chowdhury @ Monem Vs.Stale, 47 DLR (AD) 96; Mona alias Zillur Rahman Vs. State, 23 BLD (AD) 187 = 9 BLC (AD) 125; Protap Singh Vs.State of Jharkhand, (2005), 3 SCC 551; Umesh Singh Vs. State of Bihar, (2000) 6 Supreme Court Cases, 89. Lawye......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ......pecial Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Warid Telecom International Ltd....................Appellant Vs. Commissioner of Customs and others………........Respondents Judgment January 18, 2012. ......for data network system for telecommunication industry core routers W/STD ACC. 4. After arrival of the goods in Bangladesh the appellant had submitted bill of entry No.C dated 1-10-2006 and documents including CRF Certificate No.IT 06104591 to the customs authority for release of..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....rned Money Changer for once during its entire business period. 4. The petitioner submitted an application on 14.10.2003 along with original Money Changer License (Annexure-A), requisite fees and relevant papers in the office of the respondents for renewal of his Money Changer License for the ne......y Changer for once during its entire business period. 4. The petitioner submitted an application on 14.10.2003 along with original Money Changer License (Annexure-A), requisite fees and relevant papers in the office of the respondents for renewal of his Money Changer License for the next year c......on (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Amzad Hossain……….........................Petitioner Vs. Bangladesh Bank and others.............Respondents Judgment January 18, 2012. Result: The Rule i......ccepted by the petitioner of which achievement of target of US $ 2.50 lacs could not be achieved by him. But he made representations asserting that he has fulfilled the target by producing supporting documents in several aspects. These are the things which cannot be decided in writ certiorari since ..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ...... (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Shamsuddin Ahmed & others .....................Appellants Vs. City Bank Ltd. and others……………………………........ Sheikh Zulfiqur Bulbul Chowdhury, learned Advocate submits that applicants were not given a chance to bring the record or Exhibited this document, we are of the view that there is no supporting documents in favour of the applicants and the appeals have no merit and liable to be dismissed. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
...., from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ......s caretaker and staff. That it was agreed that the defendant will execute and register the kabala deed in favour of the plaintiff after mutating the suit land in his name and obtaining other required papers for registration. That the defendant received Tk. 1,32,250/-, 62,000/-, 1,25,000/-, 66,0......da J Sree Prodip Barua alias Bappi………………………………………..Petitioner Vs. Faisal Madani and another.......................................Respondents Judgment January 15, 2012. ......, from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....udge, Dhaka in Arbitration Miscellaneous Case No. 661 of 2009 allowing the same and thereby reversing the order dated 23-7-2009 passed by the Arbitral Tribunal by majority. 2. The material facts relevant for disposal of the appeal, in short, are that, an agreement was made in between (1) Md. An......of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ......late Jurisdiction) Present: Md. Nuruzzaman J Quazi Reza-ul Haque J Dr. Anowar Hossain………………..Appellant Vs. Reya Builders and Engineers Ltd................Respondent Judgment January 12, 2012. Result: ......of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
....stated that nothing happened at her house on the date of occurrence. At that stage, she was declared hostile, but the prosecution did not cross-examine her. P.W. 5 Md. Rezaul Karim stated that at the relevant time he was posted at Jhenaidah Police Station. After being assigned for investigation, he ......ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......Appeal No.1285 of 2005 And Jail Appeal No.1286 of 2005. Judgment Md. Ruhul Quddus J.- These two appeals under section 420 of the Code of Criminal Procedure are directed against judgment and order dated 27.9.2005 passed by the Nari-o-Shishu Nirjatan Damon Tribunal No.2, Jhenaidah in Nar......ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)
....ধান্ত প্রদানের অবকাশ নেই।” This is absolutely a wrong and fallacious interpretation. 5. The Rule is not opposed by the respondent. The relevant provisions of PSI Rule 2002 in this regard are required to be discussed: “বিধ......tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ......the petitioner Messrs SS Enterprise, this Rule Nisi was issued calling upon the respondents to show cause as to why the illegal holding over the goods covered under LC No.135211010074 dated 20-7-2011 and Bill of Entry No.112274 dated 6-9-2011 by not releasing the same shall not be declared to have b......tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ..Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....n of Tk.42, 50,000/- (Taka forty-two lacs fifty thousand). The initial down payment of Tk. 20,00,000/- (Taka twenty lacs) was paid at the time of execution of the deed of agreement for sale. The relevant clauses of the Agreement for Sale of the Immovable property dated 20.12.1986 may be reprodu......ed to cancel the said agreement. 5. In response the Purchaser wrote a letter on 31.10.1993 stating that she was willing to pay the outstanding balance of the purchase price on receipt of certain papers relating to the property, viz. (a) copy of the lease agreement with DIT, (b) letter of permis...... the appeals) Judgment January 10, 2012. Result: The appeals are allowed. Cases Referred to- 5 BLD (AD) 51;Civil Petition for Leave to Appeal No.360 of 2000;Manjunath Anandappa Urf Shivappa Hanasi vs.Tammanasa and others 10 SCC 390; Hajee Saru Meah Sowdagar and another...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ......ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ......endra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Md. Shamsul Huda J Mohammad Noor-E-Alam Jahangir, English Teacher Rifles Public School and College,Dhaka....................................................Petitioner (In both the cases) ......f 2007 before the High Court Division praying for the following relief: “To issue a Rule Nisi upon the respondents to show cause as to why necessary directions should not be made that the documents of the impugned Non-FIR Case No.131 of 2002 dated 08.05.2002 of Dhanmondhi Police Station,..Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90