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Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)

.... was transferred to Nari-o-Shishu Nirjatan Damon Tribunal No.2, Bogra. Learned Judge of Tribunal No.2 heard the case on 27.3.1997 regarding framing of charge and fixed 30.3.1997 for order. In the meantime, the accused-petitioner moved in this Court with the instant criminal miscellaneous case for qu......no merit, 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: Women and Children | Date: 1 Apr, 2012 | Hits: 158

Government of the People's Republic of Bangladesh & another Vs. Shahjahan & others, 2012, 41 CLC (AD)

....cturing the Government machinery and reorganizing the Mujib­nagar Government accepted the Mujibnagar Emplo­yees to have always been in the service of the Republic, took various decisions from time to time. The Ministry of Establishment made standing ins­tructions to recruit Mujibnagar Em...... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 113. ..

Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151

Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)

.... to the plaint. The case of the plaintiff, in short, is that suit land originally belonged to Nasiruddin Mridha who gift­ed some land to his wife and sons in 1970 by regis­tered deeds. At the time of War of Liberation, Durgapur Sub-Registry Office was burnt to ashes so the originals were bur......ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ..

Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88

Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)

....Case No.18 dated 11-7-1980 under section 148/448/366(a)/366/380/324/323 of the Penal Code was started. In the First Informant Report it was alleged that the present accused-petitioners on the day and time of occurrence being armed with various deadly weapons entered into the premises of the informan......rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74.     ..

Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7

Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)

....t Board for a limited period and Nabid Ali being a dakhalkar under said Abdul Latif and there being no materials to show that either Abdul Latif or Nabid Ali was in possession of the suit land at the time of acquisition of rent receiving interest under SAT Act, thus the plaintiff has not acquired an......the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ..

Category: Property Law | Date: 19 Mar, 2012 | Hits: 76

AHM Kamruzzaman Khan Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other, 2012, 41 CLC (HCD)

.... Subsequently, the plaintiff made payment rest of the amount on 23.01.2006 and filed Title Suit No. 1449 of 2008 for specific performance of contract against the defendant No. 10. 7. In the mean time, the defendant No.2 received some money from a third party with a condition to sale of shares o......39;s records along with a copy of this judgment at once. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18. ..

Category: Company Law | Date: 19 Mar, 2012 | Hits: 689

Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)

....consistent findings and obser­vations which justify examination of the same by this Division, inasmuch as, the High Court Division held that the plain­tiffs' suit abated as a whole, and by the same time, it remanded the said suit to the trial Court for fresh decision. Learned counsel argued that t...... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ..

Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119

Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)

....the plaintiffs appellants, submits that, plaintiffs through registered instrument purchased the suit property before liberation of Bangladesh and chain of title having not been broken at any point of time, trial court ought to have decreed the suit. Learned Advocate further submits that, it is admit......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ..

Category: Others | Date: 18 Mar, 2012 | Hits: 5

Swadhin Chandra Mandal and others Vs. Bangladesh University Grants Commission (UGC), 2012, 41 CLC (HCD)

....nd the functions of the universities inasmuch as, both of them are the statutory bodies having equal status in the eye of law. He submits that the UGC acted bonafide and in accordance with law at the time of permitting the PSTU on 29-9-2011 to open up the new Department but its subsequent action in ......gy University be allowed to continue with their regular studies accordingly. However, there shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 166. ..

Category: Others | Date: 14 Mar, 2012 | Hits: 5

Industrial Promotion and Development of Bangladesh Limited (IPDC) and another Vs. Mrs. Mohsina Rahman and others, 2012, 41 CLC (AD)

.... the writ respondent Nos.2-6 treating her as defaulter of loan under borrower Code No.161447. She claimed that she is the Chairman Meghna Insurance Co. Ltd. and operating her busi­ness for a long time with reputation. On 21st May, 2003, the writ respondent No.7, Industrial Promotion and Developm......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. ..

Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7

Assistant Horticulturist, Agriculture Extension Division, Crop Section Vs. M. A. Sattar Bhuiyan, 2012, 41 CLC (AD)

....the learned Attorney General for the peti­tioners and Mr. Mahmudul Islam, the learned Senior Counsel for the respon­dents. 8. Mr. Mahbubey Alam has made submis­sions to the effect that at the time of hear­ing of the rule before the High Court Division none on behalf of the petitioners could......d dis­posal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ..

Category: Property Law | Date: 12 Mar, 2012 | Hits: 94

Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)

....392 it was observed, sentencing involves an ele­ment of guessing, but often settles down to practice obtaining in a particular Court with inevitable dif­ferences arising in the context of the times and events in the light of social imperatives. "It is always a matter of judicial di...... appeal below. These petitions are disposed of with the above observa­tions and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ..

Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122

Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....iling 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 authority many a time expresses non availability of seats/tickets, whereas practically sufficient seats are found va...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17

Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)

....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.         ......or the absorption matters in the following terms: 5. Absorption of surplus public servants—(1) A surplus public servant shall as far as practicable, be absorbed in a post carrying the same scale of pay of the post which he held immediately before becoming surplus had carried Provided..

Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9

Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)

....uld not be considered. 5. As per provision of Article 158 of the Limitation Act, as when provision of Limitation Act apply in special law it is to be treated as mandatory and in no imagination the time limit prescribed i.e. 30 days cannot be extended following the exempted provisions of law of li......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ..

Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316

Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)

....n refusal, the accused petition­er No.1 passed order to kill him and he himself gave a dao blow aiming at his head and on resistance his anamica finger of the left hand sustained cut injury. At that time Razzaque Fakir appeared there and while tried to interfere, he was also assaulted by the accuse......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117

Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)

....t Nos.3 to 5/7 also contested that case by filing joint written objection contending, inter-alia, that whether the opposite party No.1 had any debt or liability that was known to the bank, but at the time of scrutiny of the nomination paper, the bank did not raise any objection to that effect. That ......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ..

Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208

Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)

.... but did not adduce any evidence in their defence. 5. The defence case, apparent from the trend of cross-examination of the prose­cution witnesses, was that no such occurrence took place at the time, in the manner and at the place of occurrence as alleged by the prosecution and the vic­tim wa......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ..

Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78

Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)

....ine witnesses including the Informant, Investigating Officer, Victim and the Doctor who examined her immediately after the occurrence. Of them P.W.5 Sanjoy Kumar Das, the informant stated that at the time of occurrence he was at his house. He heard about the occurrence firstly from his friend Shahin......cquitted of the charge and be set at liberty forthwith, if otherwise 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: 29 Feb, 2012 | Hits: 168

M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)

....l the machineries of the insured company thoroughly and finding all those in good condition entered into the contract. Mr. Islam has submitted further that the insurance policies were renewed several times and every time before such renewal the insurance company caused inspection and examination of ......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ..

Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616