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Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
....us that in not treating the application for restoration as being time barred in Miscellaneous Appeal No.3 of 1998 on the observations as quoted herein before, the Administrative Appellate Tribunal totally failed to consider sub-rule (7) of rule 6 read with rule 11 of the Rules, 1982. Sub-rule (7......ose. But since there has been no law on the subject at the time of filing of the instant application, the applicant cannot be surprised be (sic) taking him to task for not coming within 30 days. In absence of a fixed period, the period less than 90 days taken by the applicant made without suffici......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. ..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)
....essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......nformant and proposed her to establish physical relationship with her but she refused telling that before marriage she would not allow any physical relationship. Then one day, on 05.01.2003, in the absence of the parents of the victim girl the accused brought a fake "moulvi" to the house of the in......essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ..Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....er or orders as to this Court may seem fit and proper." 2. In the application under section 561A of the Code of Criminal Procedure the petitioner stated that the petitioner along with others (in total 15 persons were put on trial before the 1st Court of Assistant Sessions Judge Cox's Bazar,......the wife of the petitioner filed an application to the President for pardon and remission of the sentence of the petitioner and he was on bail when the order of remission of sentence was passed. In absence of the original file it is very difficult to determine when the application of the petitione......Republic of Bangladesh the learned Assistant Sessions Judge is liable under the law to give effect to the order of the President and in not doing so he committed serious illegality and exceeded its jurisdiction. Mr. Tamizuddin further submits that there is no legal justification for the petitioner..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. ......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. ......the case of the writ 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 f..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....o assess the customs duty unless the amount demanded by her was paid. As the petitioners and Abul Hossain protested the illegal and malafide demand of respondent No.4, she seized 42+42+42, i.e. in total 126 pieces of gold brought by the petitioners and said Abul Hossain in the name of Abul Hossa......e gold bar carried by him that the High Court Division fell into an error in holding that the writ petitioner purchased 42 pieces of gold bars from Singapore within the permissible limit. In the absence of declaration at the Airport as per provisions of Baggage Rules, 2000 that the writ peti...... facts were identical. It is also necessary to keep on record that the High Court Division itself found that ''Normally disputed question of fact are not resolved in a summary proceeding of writ jurisdiction." 15. Let us see whether in the 6(six) writ petitions (Writ Petition Nos.6411, ..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
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. ......y:— (a) Where the tenant has done any act contrary to the precisions of clause (m), clause (o) or clause (p) of section 108 of the Transfer of Property Act, 1882, or (b) Where, in the absence of any contract to the contrary, the tenant has, without the consent in writing of the landl......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. ..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
....imported goods subject to scrap" in presence of the committee in the private ICD, Chittagong and the said committee was approved by respondent No.1 on 21-4-2009, but the petitioner suppressed the total fact in the writ petition. The petitioner has not denied these facts by filing any affidavit....... 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. ....... 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. ..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)
....er 7 got 120 rewards and last Black mark in 1998. But he was given 40 rewards after this date. The writ petitioner 10 was given last black mark in 2002 but he was given 16 rewards after this date and total of 73 rewards. The writ petitioner No.11 got his last Black Mark in 1997 but he was given 29 r......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. ......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. ..Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120
Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)
....e of the major traders in DSE concentrating mainly in the share of Shine Pukur Holding Share. They were both buyer and seller. Most of their trading volume was with Beximco Associates sponsors. Their total trading amounts to Tk.124.66 crore out of which DVP transaction is Tk.37.72 crore, the general......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ...... II. For that while disposing the application under Section 561A of the Code of Criminal Procedure under the facts and circumstances of the present case the High Court Division traveled beyond its jurisdiction, therefore the judgment of the High Court Division is not sustainable in law; III...Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212
....pears at Sl.No.1 to 16 i.e. the existing Directors (16 in number) and persons appearing at Sl.No.17, 18 & 19 (i.e. Mr. Mohammad Shahiullah, Alhaj Md. Nurul Amin and Mr. Abdullah Al-Zahir Sawpan) (total 19 in number) and/or from their nominees.
(f) That these presents is subject to existing ...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68.
...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68.
..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
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. ...... 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. ......l the mortgage property in auction for which certificate was issued in its favour. The Guidelines was issued on 27 September, 2010 long after the issuance of the certificate by the Court of competent jurisdiction i.e. the Adalat, so, the Bank was not bound to consider the applications filed by the p..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. ......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. ......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. ..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)
.... No. 26206 dated 22.7.1980 and delivered possession thereon. The plaintiff No.2 owned and possessed an area of 53 acres of land in C.S. plot No.167 and accreted land an area of 13 decimals of land in total area of 66 decimals of land in the said suit plot and he mutated his name on 18.04.1985 vide a......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ..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: ...... 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: ...... 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: ..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
....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: ......alleging, inter alia, that the accused-petitioner Md. Mostafa was her cousin brother. She visited her aunt’s (also the mother of accused) house on 12.1.1996, when taking advantage of his mother’s absence, the petitioner suddenly grasped her tight from backside, pushed a piece of cloth into her m......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
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)
....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. ...... by the appellate Court, the contesting defendants filed a revisional application before the High Court Division and obtained a Rule in Civil Revision No.1097 of 1998. The High Court Division, in the absence of the plaintiff-respondent made the Rule absolute setting aside the judgment and decrees pa......qul Islam learned Senior Advocate appearing on behalf of respondent Nos.2-19, on the other hand, supports the impugned judgment and order. He further submits that the High Court Division has inherent jurisdiction to set aside its own judgment and order in a proper case and that the present case bein..Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
....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. ......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. ......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
....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.
......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.
......) and (d) of the Code of Civil Procedure. In both the applications under Order 7 Rule 11 of the Code of Criminal procedure the defendants alleged that the suit is barred by law and civil court has no jurisdiction to try this suit as the relief claim by the plaintiff attract the provision of the sect..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
.... 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. ......tested the suit denying the material averments made in the plaint. In his suit he admitted that Rokeya Begum was the owner of the suit land and she inducted him as tenant in the suit property. In the absence of Rokeya Begum, the suit property was declared as abandoned but he failed to release the ...... 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
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