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Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....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. ......ed by the learned Judge in Chamber to continue till the date i.e. 12-5-2011. 8. When the appeal was taken up for hearing by a Division Bench of this Court it came to discussion and light that in view of the provision of section 48 of the Arbitration Act the appeal is not maintainable accordingl..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
....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. ......icant made without sufficient cause cannot be treated as quite reasonable, although we must not be understood to be saying that in future applications such relaxation would be permissible. In such view of the matter, the application cannot be treated as time barred." 12. It appears to ..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....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. ......e Court and allow the fugitive to approach him/them straight and give him pardon exercising extraordinary power, a day will come when the Criminal administration of justice certainly be collapsed. In view of the principle of rule of law the Court cannot approve such exercise of power, in favour of..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)
....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. ......it petitioner contending, inter alia, that the learned Judge of the Adalat rejected a similar application earlier on 17-10-2004 and therefore, the learned Judge of the Adalat had no jurisdiction to review his own order. 6. Respondent No.6, Mohammad Ali, contested the rule by filing an affidavit..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....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. ......ing the immigration seal showing arrival of Abul Hossain only in Bangladesh and he did actually what he was ordered. The High Court Division relied upon these statements of Md. Abdul Mannan on the view that if the statements made by him in reply to the show cause notice "were false or untrue he ..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....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. ......de before, the impugned judgment and order passed by the High Court Division cannot sustain. 29. The present suit for partition has been pending before the trial Court. Therefore, we are of the view that instead of dragging the case in this Division, it would be proper to dispose of both the l..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....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. ......e opposite party No.23 then filed another application on 07.07.1999 under section 94(4) of the State Acquisition and Tenancy Act stating his date of knowledge about the case transfer and prayed for review of the earlier order dated 24.06.1999 and the same application was allowed by the order dated 0..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....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. ......the deposit of rent with the premises Rent controller was being deposited since 2-1-1992 and the purchase of the plaintiff was made during subsistence of the earlier tenancy. While the tenant, with a view to get protection from eviction was depositing rent with the Rent controller, the claim as disc..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
....pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......t on the ground that it being an independent organization having power to inquire, investigate, conduct cases and life appeals against appealed orders of the Special Judge is a necessary party with a view to defend to convictions and sentences through its prosecution team. 2. Mr. Ahsanul Karim,..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
..... 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. ......aspect of the case as well. 17. The High Court Division took exception with the proposed action of the Customs authority to proceed against the petitioner under section 32 of the Act, on the view that though it is the PSI agency, who was responsible in certifying the goods, no action was..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)
....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. ......side. 9. We have considered the submissions of the learned Counsel for both the parties and perused the impugned judgment of the High Court Division and other connected papers on record. 10. In view of the submissions of the learned Deputy Attorney General for the petitioners, we find merit in..Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....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. ...... The appeal is allowed. FIR cannot be used as substantive piece of evidence FIR is the earlier version of the prosecution case and the statements made therein can be looked into with a view to find the prosecution story as a whole as set out in the earlier stage Veracity of ..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)
....e time of trial after taking evidence only due to special nature of offence specified under section 17 of the Ordinance and non consideration of this aspect by the High Court Division resulted in the erroneous impugned judgment". 10. Security of Tk. 1000/- is to be deposited within 1 (one) mont......law. 8. We have considered the submissions of the learned Counsel for the petitioner and perused the impugned judgment of the High Court Division and other connected papers on record. 9. In view of the submissions of the learned Counsel for the petitioner, we find merit in the leave petiti..Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212
.... passed by the High Court Division in Writ Petition No.6653 of 2008, notice to hold 10th AGM was illegal, but the High Court Division without considering the said legal and factual aspect of the case erroneously summarily rejected the application filed by the petitioners although the learned company...... to be dealt with as per law and liable to be punished suitably.
10. The learned Company Judge after hearing the said application by his order dated 05.08.2009 summarily rejected the same on the view that the 9th AGM stood concluded on 26.08.2008 with the exception of Agenda No.4; the Bank had ..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....carriage of justice in discharging the Rules. He has further submitted that the High Court Division wrongly interpreted 'the cause of action' as contemplated in section 141 of the Act, 1881 and thus, erroneously held that one notice for 6 (six) dishonoured cheques (in both cases) was sufficient to g......mination was deferred on two dates. That being position, the petitioners should not have moved the High Court Division for quashing the impugned proceeding. The High Court Division also took the same view relying upon the case of Golam Sarwar Him Vs. State, 13 MLR (AD) 103 =14 BLC (AD) 26. If on con..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... 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. ......ালত ঐ মর্মে একটি সার্টিফিকেট ইস্যুকরিবে। ....................................” 16. Therefore, it is evident that in view of the above clear provision of the Ain, the Bank was empowered to possess/enjoy and sell the m..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....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. ......েন। আপনার জবাব কি?” And the accused has pleaded not guilty to this query. 15. Now adverting to the point as to the delay caused in lodging the FIR I am of the view that in a dispute between spouses, usually several initiatives are taken to resolve the same at..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)
.... court’s finding with regard to the exhibit-‘১-ঙ’ that Aymunnessa Bibi did not get any right and title in the suit plot No. 167 and she was not in possession of the suit land is erroneous. The trial court’s findings with regard to the exhibit-‘১-জ’, the de...... and the said suit land was recorded correctly in the khas Khatian No. 1, according to the provision of the State Acquisition and Tenancy Act and the appeal is liable to be dismissed. 13. With a view to appreciate the submission made the learned advocates from both sides we have to consider the..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
.... 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: ......of stay. 5. The case has been appearing in the cause list since 23.3.2012 with name of the Advocates for petitioners. Today it is taken up for hearing, but no one for the petitioners appears. In view of its long pendency, we take it up for disposal and allow the Assistant Attorney General to ma..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... 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. ......shy;charged the Rule. 8. The accused-appellant herein filed Criminal Petition for Leave to Appeal No.208 of 2004 whereupon leave was granted to consider the following: "Whether in view of the fact that the occurrence arose out of the same transaction and that the Nari-o-Shis..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
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