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Sarwar Alam Chowdhury Vs. Government of the People’s Republic of Bangladesh & others, 2015, 44 CLC (HCD)

....upying supervising and managing the disputed property as on 28-2-72. The said court on consideration of the materials on record held that the original lessee Abdur Rahim and his heirs at the relevant time were not traceable in Bangladesh and that the appellants had unauthorisedly been occupying the ......s to costs. Send down the record of the Court of Settlement. Communicate the judgment to respondent No. 1 at once. Zinat Ara J.- I agree. Ed. This case is also Reported in: ..

Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35

Anwarul Islam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Education and Others. 2015, 44 CLC (HCD)

....he GB. But, none can be appointed meddling or in violation of the provisions and procedure laid down in sub-regulation number (3) of regulation No. 5, quoted at the outset, herein before. At the same time, we would have appreciated if the secretary Ministry of Education had frankly conceded the flaw......cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine. Ed.   This Case is also Reported in: 15 BLC (HCD) (2010) 349   ..

Category: Administrative Law | Date: 26 May, 2015 | Hits: 1

Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)

....p; others..............Respondents Judgment May 25, 2015. Result: The Rule is discharged. Timing for Inviting Tender for Auction— Section 33(1) has allowed 15 days time for inviting tender for auction. Section 48 of the Ain clearly stipulates that for the purpose ......rder of stay granted earlier by this Court is hereby recalled and vacat­ed. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358   ..

Category: Banking Law | Date: 25 May, 2015 | Hits: 0

Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)

....entenc­ing him to suffer imprisonment for life coupled with a fine of Taka 5,000 in default to suffer rig­orous imprisonment for one year more. 2. This criminal appeal has however by the time been heard and verdicts also have been deliv­ered by another Division Bench of this court. ......d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185.   ..

Category: Women and Children | Date: 5 May, 2015 | Hits: 3

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

....man value. On the advancement of technology which reached the doors of remote areas of the country, poor and uneducated people cannot control their temptation of riding a motorbike or passing leisure time enjoying television programmes with a coloured television, and the offenders resort to such inh......tence must be passed. In the case of murder, a crime that is often committed in the heat of passion, the likelihood of this is very real; it is perhaps more theoretical than real in the case of large scale trafficking in drugs, a crime of which the motive is cold calculated with equal punitive treat..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

....man value. On the advancement of technology which reached the doors of remote areas of the country, poor and uneducated people cannot control their temptation of riding a motorbike or passing leisure time enjoying television programmes with a coloured television, and the offenders resort to such inh......must be passed. In the case of murder, a crime that is often committed  in the heat of passion, the likelihood of this is very real; it is perhaps more theoretical than real in the case of large scale trafficking in drugs, a crime of which the motive is cold calculated with equal punitive treat..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86

Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)

....hority and of no legal effect. 2. The Rule was directed to be heard along with Writ Petition No. 4027 of 2003. Since the record of the aforesaid Rule could not be placed before this Bench at the time of hearing, the Rule issued in the said writ petition will be heard and disposed of subsequentl......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37   ..

Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4

State Vs. Abdus Salam and others, 2015, 44 CLC (AD)

....r in the judgment and order of the High Court Division which calls for any interference by this Division. 11. The prosecution case was that the victims along with some witnesses, on the date and time of occurrence, reached in between Fateh Chand Shop and Faisal Trailers at Mirgonj Bazar, the ac......urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376   ..

Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10

Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)

....Islam, the learned Advocate appearing for the Respondent No. 2 Bank submits that the Artha. Rin Adalat in holding auction sale committed no illegality. The Court as per provision of law for the first time published auction notice under section 33(1) of the Ain for sale of the property but the price ......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ..

Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10

Moinuddin Hasan Rashid Vs. Registrar, Joint Stock Com¬panies and Firms and another, 2015, 44 CLC (HCD)

....IPO") undertak­en at the heels of the 6th AGM. The issue further taken is of an impracticability resultantly in holding the 7th AGM duly during the currency of the IPO process and until such time that the Company would be deemed ready for holding the same upon a fully authorized completion ......upon the hold­ing of such AGM. The cost of this Application shall be borne out of the funds of the Company. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 326   ..

Category: Company Law | Date: 15 Apr, 2015 | Hits: 7

Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)

....nt etc. He further submits that since contract between the parties is admittedly a commercial contract and without giving notice under section 106 of the Transfer of Property Act giving 6(six) months time there is no scope in law to evict the plaintiff-petitioners from the suit premises, although bo......ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed.      This Case is also Reported in: 67 DLR (HCD) (2015) 317. ..

Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10

Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)

....cases and accordingly the learned Divisional Special Judge, Chittagong took cognizance against them, the High Court Division committed an error of law in quashing the proceeding. They submit that the time stipulated for concluding investigation in the law is not mandatory in nature since there is no......ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278     ..

Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

....ses, P.W.13, in her evidence claims to had known the petitioner 3/4 months after the war ended, when he was walking in front of her house, although according to the prosecution he was in jail at that time, Golam Mostofa was targeted as he was a pro-liberation person, when in fact he was taking ......usness to the offences or murder and rape, k the other inhuman acts complained of are also required to be carried out in a systematic manner and on a large scale and that no evidence to that effect was adduced, l ..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Ananda Shipyard & Slipways Limited Vs. Commissioner Customs Bond Commissionerate, Dhaka, 2015, 44 CLC (HCD)

....goods imported under the bonding facilities with all rent, penalties, interest and other charges payable in respect of the goods, if the goods have not been removed from the ware­house within the time allowed for such removal under section 98 of the Act..............(17) Under sub-sections ......shy;cate the matters in accordance with law. No cost. Communicate the judgment to respondent No. 1 at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 98   ..

Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

....le deed it was mentioned as conditional sale. It was also recited that if the recipient of the deed failed to hand over possession on the demand of the vendors on repayment of principal amount in due time, they would be entitled to redeem the land through the process of the Court after the expiry of......nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)

....ourt, Chittagong by respondent No. 3 in addition to Artha Rin Suit for recovery of loan amount should not be declared to have been initiated without lawful authority and is of no legal effect. At the time of issuance of the Rule all further proceedings of Sessions Case No. 2452 of 2013 was stayed by......r of stay granted earlier by this i  Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354   ..

Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0

Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)

....inafter referred to as the P.W.) was that two years before the occurrence (the occurrence took place on 26-8-2000), his daughter, Sabina Yasmin Rumi, was given in mar­riage to the accused. At the time of marriage, the accused demanded dowry of Taka 50,000, but he gave Taka 20,000. After marriage......from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ..

Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....oncept of 'fairness'. In Re Infant H (K) ([1967] 1 All ER. 226), it was held that whether the function discharged is quasi-judicial or administrative, the authority must act fairly. It is sometimes thought that the con­cept of 'acting fairly' and 'natural justice' are dif......o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)

....of 1973 against the impugned deed but the same was withdrawn since the same was filed at the prematured stage as deed, in question, was not registered under section 60 of the Registration Act at that time. Thereafter, the pre-emptor filed this pre­emption case on 30-1-1975 inasmuch as the deed w......ed time from the date of knowledge of the registration of the sale deed. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 210. ..

Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24

Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

....terials on record mainly argued that the respondent bank published the auction notice in Daily Bhorer Dak on 10-2-2011 fixing 27-2-2011 for auction asking for 20% earnest money to be deposited at the time of submitting the bid also allowing 30 days time for submitting rest bid amount from the date o......t the petitioner. In the result, the Rule is discharged without any order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 245. ..

Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7