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ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e-ul Huq with Margub Kabir - For the Respondent No.11. Hosneara Begum - For the Respondent No.9. Writ Petition No.9009 of 2010. Judgment Zinat Ara J.- In the Rule Nisi dated 11-11-2010, the petitioner sought for a direction upon respondent Nos.5-9 to consider/dispose ......te was issued on 29.3.2008 under section 33(5) of the Ain in favour of the Bank for possession and enjoyment of the property as well as to sell the property. Subsequently, Bank published auction sale notices in three daily newspapers but without result. Thereafter, the Bank again published notice fo......pondent No.11. Hosneara Begum - For the Respondent No.9. Writ Petition No.9009 of 2010. Judgment Zinat Ara J.- In the Rule Nisi dated 11-11-2010, the petitioner sought for a direction upon respondent Nos.5-9 to consider/dispose of the petitioner's application dated ..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....1. Judgment Md. Rezaul Hasan J.- This appeal, preferred under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000, is directed against the Judgment and order of conviction and sentence dated 2-4-2011 (signed on 5-4-2011) passed by the Bicharak, Nari-o-Shishu Nirjatan Daman Tribunal No......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. ...... Nirjatan Daman Tribunal No.1 Rajshahi convicting the appellant under section 11(Ga) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended 2003) and sentencing him to suffer rigorous imprisonment for 1(one) year with a fine of Taka 500 (Taka five hundred) only, in default to suffer rigorous im..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... Appellants. Sorwar Ahmed, Deputy Attorney General, instructed Md. Shamsul Alam Advocate-on-Record—For the Respondent. Criminal Appeal No.26 of 2006. (From the judgment and order dated 11th April, 2004 passed by the High Court Division in Criminal Miscellaneous Case No.9813 of 2...... 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. ...... Judgment April 1, 2012. Result: The appeal is dismissed. Nari-o-Shishu Nirjatan Daman Ain, 2000. Section 7 of the Ain, 2000 concerns abduction of any woman or child for any of the purposes mentioned in section 5 of the Ain. Section 8 of the Ain, 2000 concerns the o..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
....nuddin Mahmud, Senior Advocate with Mahbub Ali, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record—For Respondents.
Civil Appeal No.59 of 2011.
(From the judgment and order dated 23-11-2009 passed by the High Court Division in Writ Petition No.7625 of 2009).
Judgment
......rt Division observed that on the question of the liability of the Government to absorb Ex-Mujibnagar Employees there are decisions of the High Court Division but it did not refer and discuss them. It noticed the above judgment of this Division. Anyway, in presence of a judgment of this Division......5 of 2009).
Judgment
SK Sinha J. - Leave was granted to consider the question whether the High Court Division was justified in giving full relief to the writ petitioners without affording the appellants an opportunity of being heard and secondly, whether the unreported decision o..
Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
....ce of the accused on an application under section 439 of the Code of Criminal Procedure was issued calling upon the Deputy Commissioner, Sylhet to show cause as to why the impugned judgment and order dated 26-8-1992 passed by the Additional Sessions Judge and Anti-Smuggling Tribunal, Sylhet in Crimi......p;..(13) High Court’s Power to acquit an accused or to quash the proceedings of a case In a pending Rule before the High Court Division which has arisen out of a complaint case if the notice was served upon the complainant and he fails to appear in the Rule to contest the same and/or......ittal of the accused Section 247 of the Code of Criminal Procedure has empowered the Magistrate to acquit the accused if the complainant fails to appear on the day of hearing of the case, unless for some reasons he thinks proper to adjourn the hearing of the case to some other day. ........Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7
....ppeal No. 304 of 2010.
with
Civil Rule No. 489 (F) of 2010.
Judgment
KM Kamrul Kader J. - This appeal at the instance of the plaintiff is directed against the judgment and decree dated 25-07-2010 passed by the learned Joint District Judge, 5th Court, Dhaka in Title Suit No. 162 ......ase their shares and accordingly a deed of agreement was executed and the plaintiff paid an amount of Taka 42, 00000/- only lacs to the defendants Nos.2-6. Thereafter, the defendant Nos. 3-5 served a notice on 10.6.2005 demanding payment of the balance amount, after receiving the said notice the Pla......nt under Order 7 Rule 11 of the Code of Civil Procedure filed by the defendant-respondents.
2. The material facts in short are that, the appellant as plaintiff filed Title Suit No. 162 of 2009 before the Court of learned Joint District Judge, 5th Court, Dhaka stating inter alia that R. Zaman &a..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
....or Respondent No.1 (In both the cases). For Respondent No.2-9 (In both the cases)—Not represented. Civil Petition for Leave to Appeal Nos.1023-24 of 2010 (From the judgment and order dated 25.8.2009 passed by the High Court Division in First Appeal No.611 of 2000 with First Appeal N......f Rokeya Begum was dismissed, rather the heirs of Rokeya Begum proceeded with the application under Order 9 Rule 4 C.P.C. (Miscellaneous Case No.43 of 1980) and the High Court Division failed to take notice that the said Miscellaneous case was allowed on 30.7.1985 and original suit was restored to i......Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1 (In both the cases). For Respondent No.2-9 (In both the cases)—Not represented. Civil Petition for Leave to Appeal Nos.1023-24 of 2010 (From the judgment and order dated 25.8.2009 passed by ..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....lam Patwary, Advocate—For the Respondent No.33-39. First Appeal No.166 of 2010. Judgment Sharif Uddin Chaklader J. - This appeal by plaintiff directed against judgment and decree dated 1-12-2009 passed by the learned Joint District Judge, 1st Court, Chandpur, dismissing Title Su...... transferred the suit land to plaintiffs. After purchase, plaintiffs mutafed their names and sold some land to some other persons. Defendant No.1-5 treated the suit property as enemy property, served notice for eviction, whereupon plaintiff filed Writ Petition No.5509 of 2002. A Division bench of th......d in: 18 BLC (HCD) (2013) 124. ..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Commissioner of Customs and another Vs. Equity Construction Pvt. Ltd., 2012, 41 CLC (AD)
....asel Majumder, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No.2259 of 2010. (From the judgment and order dated 21.10.2009 passed by the High Court Division in Writ Petition No.3137 of 2009.) Order ......extended till disposal of the appeal. Let this appeal be heard along with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ......d by B. Hossain, Advocate-on-Record—For the Petitioners. Abdul Basel Majumder, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No.2259 of 2010. (From the judgment and order dated 21.10.2009 passed by th..Category: Fiscal/Taxation Law | Date: 15 Mar, 2012 | Hits: 87
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
....This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceeding of Rajbari P.S. case No.26 dated 22-5-2007 corresponding to GR No.190 of 2007 under section 326/307 of the Penal Code which is ......he Code of Criminal Procedure can be exercised quashing the proceeding of chief Judicial Magistrate, Rajbari. 12. For the purpose of answering to the said questions posed, it will be profitable to notice section 561A of the Code of Criminal Procedure which are quoted thus: - "561A. Nothing ......sult: The Rule is made absolute. Inherent power of the High Court Division Both section 151 of the Code of Civil Procedure and section 561A of the Code of Criminal Procedure possess the same formula describing the inherent power except that section 561A adds "or otherwise to secure the ends..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....to the respondent No.2 for consideration. Seeing no effective result the petitioner filed complaint even to the Hon'ble Prime Minister of the country on 3-2-2010 informing the situation, but till date no steps whatsoever has been taken, hence the application. 6. Mr. Aneek R Haque, appe......rket Complex said writ petition was filed. While disposing of the Rule issued therein one of the Benches of this Hon'ble Court observed, inter alia,— "It appears from the impugned notice that City Corporation will let out open space of New Super Market to the south of shop No.810......and master plan of the market has been prepared in such a way that all the shoppers can go about their business without filling congested. It's specious design to make the shoppers of the city comfortable and is still known to have all types of shop in one place. Moreover, the height and the arc..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
.....10913 of 2011.
Judgment
Md. Khurshid Alam Sarkar J. - This Rule has been calling upon the respondents to show cause as to why the impugned Memo No.UGC/Admin/paboishwa/402(Tadanto)/08/8 200 dated 25-10-2011, issued under the signature of Respondent No.6 being directed by Respondents No.1 a...... ask the PSTU to close down the new Department. He submits that the PSTU should not have proceeded with opening up of the Animal Husbandry Department so hurriedly within a span of 3 weeks as could be noticed from the fact that the approval was granted only on 29-9-2011 and the same was withdrawn on .......2 is a student who sat in the said admission test as stated above under the said Unit-A (Application PIN No.894391 and Roll No.10146) and he has been kept in the waiting list and, currently, waiting for admission in the department of Animal Husbandry (Hons) Degree Course of PSTU. Petitioner No.3 is..
Category: Others | Date: 14 Mar, 2012 | Hits: 5
....d. Aftab Hossain, Advocate-on-Record—For Respondent No.1.
Not represented-For Respondent Nos.2-8.
Civil Petition for Leave to Appeal No.1520 of 2011
(From the judgment and order dated 15.3.2011 passed by the High Court Division in Writ Petition No.1712 of 2011.)
Order
......r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing.
Ed.
This Case is also Reported in: 9 ADC (2012) 865.
...... the Petitioners.
Qumrul Haque Siddique, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1.
Not represented-For Respondent Nos.2-8.
Civil Petition for Leave to Appeal No.1520 of 2011
(From the judgment and order dated 15.3.2011 passed by the..
Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
....No.1-3. First Appeal No.256 of 2005 With Civil Rule No.1022 (F) of 2005. Judgment Sharif Uddin Chaklader J. - This appeal by plaintiff directed against judgment and decree dated 29-9-2005 passed by the learned Joint District Judge, Second Court, Gazipur, dismissing T......espondents Judgment March 12, 2012. Result: The appeal is dismissed. Civil Rule No.1022 (F) of 2005 is discharged. The General Clauses Act, 1897; Section 27 If there be notice issued in registered post with acknowledgement due to the proper address of the addresse......acknowledgement due to the proper address of the addressee then it is deemed to be presumed that notice has been served….....(16) Necessity to complete or exhaust provisions of law before coming to the Court When the law provides for appeal as such, before come to the Court, li..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
....ior, instructed by Md. Shamsul Alam, Advocate-on-Record—For Respondent No.2. (In all the cases) Criminal Petition for Leave to Appeal Nos. 266-69 of 2011. (Form the judgment and order dated 28-9-2010 passed by the High Court Division in Criminal Revision Nos. 575, 576, 577and 578 of ......inst the inadequacy of sentences of fine, if there be any. 4. There is no dispute that the petitioner issued the cheques in question which were dishonoured and thereafter, the complainant issued notices upon the petitioner requesting him to pay the amount involved in those cheques, and that des......Record-For the Respondent No.1. (In all the cases) Rafique-ul-Huq, Senior, instructed by Md. Shamsul Alam, Advocate-on-Record—For Respondent No.2. (In all the cases) Criminal Petition for Leave to Appeal Nos. 266-69 of 2011. (Form the judgment and order dated 28-9-2010 passed by..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... stated that in respect of upgrading the passenger from economy class to the executive class, certain facts are to be taken into considerations which run as follows: (i) in cases where the date of travel is known in advance, request for up-gradation will be made in writing to the appropr......his sort of illegal practice leads to offences like corruption and money laundering. Hence this Rule. 3. By filing a supplementary affidavit the petitioner brought certain other facts to the notice of this court. Therein it is alleged that in respect of carrying passengers the respondent a...... ..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....aintiff of Title Suit No.11 of 2005 filed for specific performance of contract, against principal defendants-appellant of Appeal from Original Decree No.6 of 2009, directed against judgment and order dated 25-4-2011 passed by the learned Joint District Judge, 2nd Court, Gazipur allowing Miscellaneou......the result, the rule is discharged without any order as to cost. 9. Appeal from Original Decree No.6 of 2009 arisen having been arisen from the same judgment, become infructuous. We have already noticed the judgment and decree dated 29-4-2008 passed in Title Suit No.11 of 2005 out of which the ......resent: Sharif Uddin Chaklader J Krishna Debnath J Jamuna Builders Ltd....................Plaintiff-Opposite Party-Petitioner Vs. Bangladesh and others…...........Proforma-Defendant-Petitioner Opposite-Parties Judgment March 5, 2012. Result: The..Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
.... মহিলা সংস্থা. But two officers of the Ministry of Establishment, named Abdul Quiyum Bhuiyan, Deputy Secretary and Abdul Malek, Senior Assistant Secretary, issued three letters dated 7-1-1986, 8-1-1986 and 18-1-1986, wherein the 11 petitioners and two others were falsely shown......al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ......te and contradictory. The two vital issues of the case were - a) the authenticity of the surplus status of the 11 accused petitioners and b) whether the signature on the third nomination letter was a forgery…....................(24) The IO failed to examine sufficiently the relevant pers..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)
.... the company DULAL BROTHER LIMITED on the ground stated therein. 2. The learned Advocate Mr. Mohammad Hedayet Hossain, appearing on behalf of the petitioner, submits that by way of resolution dated 25.1.2012 the company DULAL BROTHER LIMITED in a extra-ordinary general meeting decided to am.......... and therefore the company has resolved to amend the memorandum of Association of the company particularising the mortgaging power. 4. None appeared to oppose the application although the notice has properly been served through usual process and through the newspaper “Daily Star” an...... of 2012 Judgment AFM Abdur Rahman J.- By this application under Section 12 and 13 of the Companies Act the petitioner, the company itself through its Managing Director M.A. Jabbar, prays for amendment of the object clause of the Memorandum of Association of the company DULAL BROTHER LI..Category: Company Law | Date: 4 Mar, 2012 | Hits: 28
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....iqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 26-08-1997 passed by the learned Sessions Judge, Rajbari sending back the GR Case No.54 of 199......rcised in setting-aside the Judgment and order dated 26-08-1997 passed by the learned Sessions Judge, Rajbari. 13. For the purpose of answering to the said question posed, it will be profitable to notice section 561A of the Code of Criminal Procedure which are quoted thus: "561A. Nothing in th......1898 (Act No. V of 1898); section 561A Inherent power of the High Court Division The inherent power of the High Court Division as mentioned under section 561A of the Code can be exercised only for either of the three purposes specifically mentioned in the section which are, firstly, to give..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
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