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Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)
....s was of the view that the Magistrate took cognizance of the offence on being satisfied that the complaint was made after compliance of formalities and that the petitioner raised disputed question of facts which can only be decided on evidence. Learned counsel appearing for the petitioner raised s......J Md. Shamsul Huda J Md. Mofizur Rahman…………………………………………………….Petitioner Vs. The State, represented by the Deputy Commissioner, Chittagong and another..............................................Respondents Judgment June 4, 2012......te took cognizance of the offence on being satisfied that the complaint was made after compliance of formalities and that the petitioner raised disputed question of facts which can only be decided on evidence. Learned counsel appearing for the petitioner raised similar points before this Division...Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....ound-before it and in not rejecting high rate of profit @ 33.35%. 7. The assessee raised an additional question in the supplementary affidavit, which is as under:— Whether in the facts and circumstances of the case, the Tribunal was legally justified to pass a perfunctory order ..............................Respondent Judgment June 3, 2012. Result: All the questions raised in the reference applications are decided in the affirmative in favour of the Department and against assessee. Case Referred To— Md. Yasin Miah and others Vs. Bangladesh and......ts that Grameen Kalyan in its return had disclosed that it allowed bridge loan of Taka 11 crore to the assessee and it was accepted by the authorities. He further submits that without any documentary evidence showing actual payment of loan of Taka 3 crore more as bridge loan the DCT, the Commissione..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....Abdul Wahhab Miah J, I agree with the conclusions arrived at by my learned brother but since a vital question of law is involved in this appeal, I would like to express my own opinion. 3. Though facts relevant for the disposal of the question involved in these appeals have been exhaustively nar......ossain CJ Surendra Kumar Sinha J Abdul Wahhab Mian J Naztnun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Mehedi Hasan @ Modern (Md.) and others…….............Appellants Vs. State………&hellip......he well and Kuldip Singh died on the spot. The Sessions Judge found Joginder Singh and Balwinder Singh guilty for the murder of Rupinder Singh. The Supreme Court was of the view that there is no evidence that these two accused drove Rupinder Singh to jump into the well without the option o..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....spondent No.2 Company has continuously and successfully provided the services of equipments to the petitioner company to make the system run properly from 2009 onwards till February 2012, despite the facts that there is no service providing contract between the petitioner company and the respondent ......tion No.28 of 2011. Judgment AFM Abdur Rahman J. - This application, under Section 7(ka) of the Arbitration Act, 2001, filed by the Bangla Phone Limited, against the Huawei Tech Investment Ltd. and another has been contested by the respondent No.2 and now disposed off by this judgment. 2. T......the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
....) should not be declared to have been done without lawful authority and is of no legal effect and/or such other or further order of orders passed as to this Court may seem fit and proper.
2. The facts in the writ petition in short are that the petitioner, a Private Limited Company represented b......Jurisdiction)
Present:
Syed Refaat Ahmed J
Md. Akram Hossain Chowdhury J
PHP Float Glass Industries Ltd......................Petitioner
Vs.
Commissioner Customs, Excise and VAT and others.......Respondents
Judgment
May 30, 2012.
Result:
The rule is ...... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
.... lawful authority and hence, of no legal effect and as to why the respondents should not be directed to appoint the petitioner as the Nikah Registrar for the said Union Parishad. 2. In the given facts and circumstances as stated in the writ petition Mr. ZH Bhuiyan, the learned Advocate appearin...... High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Kazi Md. Habib Ullah..................Petitioner Vs. Bangladesh and others..............Respondents Judgments May 30, 2012. Result: The Ru...... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....in Title Appeal No. 150 of 1989 allowing the appeal reversing the part decree dated 28-2-1977 passed by the learned Sub-ordinate Judge, Additional Court, Noakhali in Title Suit No.19 of 1972. 2. The facts, leading to this appeal, in brief, are as follows:— The appellants herein as the plaintiffs......resent: Surendra Kumar Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md.lmman Ali J Md. Shamsul Huda J Hedayetullah and others….......Appellants Vs. Foyjun Nessa Begum and others……………Respondents Judgm......he deeds of sale of defendant No.1 were coupled with possession and that defendant No.1 had been possessing the suit land from the time of his purchase. 14. The appellate Court having considered the evidence on record both oral and documentary came to a finding that the plaintiffs had been able t..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
.... as party to the probate proceeding. The High Court Division is found to have clearly fallen into an error taking view that the respondents have got such locus standi." 14. In the second case, the facts are that one Sarat Kumar Kanungoo made a Will on the 19th March, 1986 and a few days later, he......ab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Bimal Chandra Sen.............................Appellant Vs. Md. Waliullah Chowdhury and others.......R......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....pensation. In awarding and determination of compensation the High Court Division, in an appropriate case if it deems necessary, may take evidence to clear any disputed question of facts or pass any direction or orders to hold an inquiry by a District Judge for removing any contro......l Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others…......Appellants Vs. Nurul Amin and anothers..................Respondent......cannot pass an order for payment of compensation or compensatory cost as no such provision has been made in Article 102 of the Constitution and determination of such compensation is dependant on evidence which is not taken in writ jurisdiction and that the High Court Division exercises writ jur..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
.....64 of 1994 which was confirmed by the Additional Divisional Commissioner by Order dated 05.11.1994 and the Full Board as mentioned hereinbefore. The Land Appeal Board, on an erroneous view of the facts and law, affirmed the order of the Assistant Commissioner (Land) dated 05.10.1989 and as such...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Mintu Chowdhury...............................Petitioner Vs. Khurshid Nayeem and others......................Respondents Judgment May 28 and 29, 2012. Result: ......of right, i.e. R.S. record was finally published in the names of the predecessors of the writ-petitioners, such entry in the record of rights shall be presumed to be correct unless it is proved by evidence to be incorrect and the R.S. record of rights shall prevail over the S.A. record. 14...Category: Property Law | Date: 29 May, 2012 | Hits: 12
H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)
.... to comply his obligation which was admitted that they have not shipped the color sorting machine as has been stated in the pro-forma invoice and also in the commercial invoice. 9. Under the above facts and circumstances and the reasoning as above this court finds merit in the substantive petitio......on (Statutory Original Jurisdiction) Present: AFM Abdur Rahman J H.B. Plastic Industry……………………………………………..Petitioner Vs. Hyundai High Tech Co. Ltd. and others…............Respondent Judgment May 28, 2012. Result: The Application is al......ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ..Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....at some employees of Bangabandhu Sheikh Mujib Medical College, (BSMMU) along with some other person of District Administration are measuring the suit property and having come to know of the aforesaid facts, plaintiffs went to the office of defendant No.2 and on query came to know that the property h......Reported in: 18 BLC (HCD) (2013) 182. ......Judge by the impugned order rejected the plaint. 7. Mr. Mahbubur Rahman, learned Advocate, appearing for the plaintiff-appellant, submits that, facts disclosed by the parties to the suit require evidence to consider whether the suit land is acquired land of defendant No.1 and unless the same ca..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... the petitioner's government portion of monthly salary or MPO is found to be without legal authority. The same also reflects and arbitrary abdication of duty by a public authority and in the facts and circumstance also involves a violation of the elementary principles of natural justice. ......: Syed Refaat Ahmed J Md. Ashraful Kamal J Topon Kumar Roy……………………………..Petitioner Vs. Bangladesh and others.......................Respondents Judgment May 24, 2012 Result: The R......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....tian No.1 SA Plot No.6340 of Mouza Mymensingh Town, Police Station Kotwali, District-Mymensingh and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts relevant for disposal of the, Rule, in short, are that Satish Chandra Datta and Ramesh Chandra...... High Court Division (Special Original Jurisdiction) Present: Naima Haider J Farid Ahmed J Golam Ambia (Harun)......................Petitioner Vs. Bangladesh and others....................Respondents Judgment May 22, 2012 Result: T......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ..Category: Others | Date: 22 May, 2012 | Hits: 9
Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)
....of 2007, 331(a) of 2008 and 12157 of 2006) Order Surendra Kumar Sinha J. - The delay in filing Civil Review Petition Nos.6, 7, 8, 10 and 11 is condoned. 2. Common identical question of facts and law being involved in these petitions, they are disposed of analogously by this order. Res......d. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Bangladesh Biman Airlines Limited and others………Petitioners (In all the cases) Vs. Emran Ahmed and another...................ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ..Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....His Lordship also warned the petitioner of that writ petition about his derogatory comments against the liberation war of Bangladesh holding that the comments were utter distortion of historical facts and brought into question the ethos of liberation war and was a slur on Bengali nationali......sion (Special Original Jurisdiction) Present: Farid Ahmed J Sheikh Hassan Arif J Advocate Murshedur Rahman Chowdhury...........Petitioner Vs. Bangadesh and others...... ......................Respondents Judgment May 13, 2012. ......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
.... in the court of Judicial Magistrate, Cognizance Court No.1 Pabna should not be quashed and/or pass such other or further order or orders as to this court may seem fit and proper. 2. The short facts for disposal of the Rule is that: On 28.11.2010 one Md. Abdus Samad, son of Md. A. Rahm......urt Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Md. Shahidul Islam......................Petitioner Vs. State and another....................Opposite parties Judgment May 13, 2012. Result: ......0.06.2010 and hence the instant case. On the basis of such dairy, the full brother of the complainant, learned Magistrate Mr. Md. Abul Kalam Azad on malafide intention without any documentary evidence or without any enquiry on the same date i.e. 28.11.2010 issued an warrant of arrest. ..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
....ted 1-12-2009 passed by the learned Additional District Judge, 2nd Court, Dhaka in Arbitration Miscellaneous Case No.543 of 2009 setting-aside the Arbitral Award dated 21-6-2009.
2. The relevant facts for disposal of the Miscellaneous Appeal may be stated as follows:—
An arbitra......sion
(Civil Appellate Jurisdiction)
Present:
Khondker Musa Khaled J
SH Md. Nurul Huda J
Maisha Corporation (Pvt.) Ltd..........................Appellant
Vs.
Bangabandhu Sheikh Mujib Medical University (BSMMU) and others…....Respondents
Judgment
M...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)
....g the judgment and order dated 28.11.2005 passed by the learned Senior Assistant Judge, Companygonj, Noakhali in Miscellaneous Case No.24 of 2005 allowing the application for pre-emption. 2. The facts, leading to the filing of this petition, in brief, are that the petitioner herein as the pre-e......ab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kali Mohan Das...........................................Petitioner Vs. Mossammat Firoza Begum and others ............Respondents Order May 10, 2012. Result: The Leave is gra......l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ..Category: Property Law | Date: 10 May, 2012 | Hits: 7
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
.... Appeal No. 190 of 1989 allowing the appeal and reversing the judgment and decree dated 31-7-1989 passed by the learned Subordinate 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......R (AD) (2012) 127. ......ased 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 evidence without formal proof and as such the impugned judgment should be set aside. He further subm..Category: Property Law | Date: 8 May, 2012 | Hits: 112
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