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Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)

....t Nos.1 and 2 for the signature of defendant No.3 on the tripartite agreement and every time defendant No.2 repeated that the owner of the suit land was outside the country and the moment he comes to Bangladesh, he will get the agreement signed by him on taking the balance money and would also regis......; Md Shamsul Huda J Syed Mahmud Hossain J Md. lmman Ali J Atif Atiq (Md.) and another..........................Petitioners Vs. Nurun Nahar Begum and others......................Respondents Judgment January 22......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ...... in order to sell flat Nos.2-A, 3-A, 3-B, 4-A and 4-B which fell in their share entered into agreement with the buyers, namely Md. Mozammel Hossain, defendant No.9-Md. Saiful Islam Bhuiyan, Ishtiaque Ahmed, Abdullahil Rakib and the plaintiff respectively and received part payment from them as advanc..

Category: Property Law | Date: 22 Jan, 2012 | Hits: 87

Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)

....e Division in leave Petitions and in a summary manner, that cannot be treated or considered as the declared law as contemplated in Article 111 of the Constitution of the People's Republic of Bangladesh. We are also unable to accept the said submission of the learned Advocate for the petitio...... High Court Division (Criminal Revisional Jurisdiction) Present: M Enayetur Rahim J Sheikh Md. Zakir Hossain J Saiful Islam Jitu (Md.) ...................Petitioner Vs. State.............................Opposite-Party Judgment January 18, 2012. ......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ..

Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2

Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)

....and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ...... High Court Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Warid Telecom International Ltd....................Appellant Vs. Commissioner of Customs and others………........Respondents Judgment......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ...... once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8

Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)

....igh Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Amzad Hossain……….........................Petitioner Vs. Bangladesh Bank and others.............Respondents Judgment January 18, 2012. Result:......rt High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Amzad Hossain……….........................Petitioner Vs. Bangladesh Bank and others.............Respondents Judgment January 18, 2012. ......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......angladesh vs. Tajul Islam, 49 DLR (AD) 177; Bangladesh Telecom Pvt. Ltd. Vs. Bangladesh T & T Board and others, 48 DLR (AD) 20; Chittagong Medical Vs. Shahrayer Murshed, 48 DLR(AD) 33; Helaluddin Ahmed Vs. Bangladesh, 45 DLR (AD); Jamuna Oil Company Ltd. Vs. S.K. Dey, 44 DLR (AD) 104; Maneka Gan..

Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179

Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)

....f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ...... High Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Shamsuddin Ahmed & others .....................Appellants Vs. City Bank Ltd. and others……………………&h......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ...... ..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4

Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)

...., from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ...... J Md. Shamsul Huda J Sree Prodip Barua alias Bappi………………………………………..Petitioner Vs. Faisal Madani and another.......................................Respondents Judgment ......, from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ...... Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Giasuddin Ahmed, Advocate-on-Record—For Respondent No.1. Respondent No.2—Not represented..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118

Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)

....any management agreement or any other similar arrangement with any third party other than the petitioner for operating, establishing or managing any “Hilton” branded hotel within the territory of Bangladesh, on the ground stated therein. 2. Upon admitting the application under Section 7(a) of...... is also Reported in: ...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..

Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45

SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)

....Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J SS Enterprise…………………..............................Petitioner Vs. Government of Bangladesh others………………………Respondents Judgment January 10, 2012. Re......Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J SS Enterprise…………………..............................Petitioner Vs. Government of Bangladesh others………………………Respondents Judgment Ja......tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ......tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ..

Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102

Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)

....afely rely upon the decision of an unreported case of Arifuzzaman Vs. State and another, passed in a criminal petition for lease to Appeal No.514 of 2010 of the Appellate Division of Supreme Court of Bangladesh. 18. In the light of the above findings we are of the opinion that there is no merit i...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J Mohammad Ali…………………………….Accused-Petitioner Vs. State and another………………………………….Opposite-Parties Judgment Janu......ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ..

Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452

Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)

.... 26; Kali Das Ghosh Vs. Mungiram Bangur and Company, AIR (1955) Cal.298; Anwara Begum Vs. Md. Karimul Haque and others 5 BLC (AD) 119; Ma Shwe Mya Vs. Maung Mo Hnaung, 63 I.C. 914; Mojibur Rahamn Vs. Bangladesh, represented by the Secretary, Ministry of Works 47 DLR 232; Yousuf (Md.) Vs. M A Wahab 6......on (Civil) Present: Nazmun Ara Sultana J Muhammad Imman Ali J Md. Shamsul Huda J Mahua Khair …………...........................Appellant (In both the appeals) Vs. Amena Begum Ali Ispahani…………….....Respondent (In both the appeals) Judgment ...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ......on behalf of the Purchaser stated that the amount of liquidated damages along with the outstanding balance of the purchase price was deposited with the vendor’s representative, Advocate Salah Uddin Ahmed, who ultimately returned the amount of Tk.13,00,000/- which had been deposited with him, vide ..

Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077

Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Jahangir Hossain J Advocate Manzill Murshid...... Petitioner. Vs. Bangladesh represented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat, P.S.-Sha......reme Court High Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Jahangir Hossain J Advocate Manzill Murshid...... Petitioner. Vs. Bangladesh represented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......reatment abroad. So, refusal to pay/sanction medical bill is totally unreasonable and unjustified and is hence, without lawful authority. 7. On 24.01.2011 Mr. Justice Mohammad Mashuque Hosain Ahmed submitted his overseas medical bill to the Hon’ble Chief Justice of Bangladesh requesting t..

Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12

Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)

.... Mohammad Noor-E-Alam Jahangir, English Teacher Rifles Public School and College,Dhaka....................................................Petitioner (In both the cases) Vs. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, D...... Md. Shamsul Huda J Mohammad Noor-E-Alam Jahangir, English Teacher Rifles Public School and College,Dhaka....................................................Petitioner (In both the cases) Vs. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Banglades......ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ......ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ..

Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90

Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)

....uhammad Imman Ali J Md. Shamsul Huda J Shamsul Haque Hawlader……………………………..Petitioner Vs. Government of Bangladesh and Others……………Respondents Judgment January......ahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Shamsul Haque Hawlader……………………………..Petitioner Vs. Government of Bangladesh and Others……………Respondents ......per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......……Respondents Judgment January 5, 2012. Result: The petition is dismissed. Lawyers Involved: Khan Saifur Rahman, Senior Advocate, instructed by Gias Uddin Ahmed, Advocate-on-Record-For the Petitioner. Motahar Hossain Saju, Deputy Attorney General, in..

Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92

Somed Ali Vs. State, 2011, 40 CLC (AD)

....death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......ah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Somed Ali...............................................Petitioner Vs. The State................................................Respondent Judgment Dece......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......t: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Somed Ali...............................................Petitioner Vs. The St..

Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27

Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)

....J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Mrs. Jahanara Ahmed………………………………………………...........Petitioner Vs. Arab Bangladesh Bank Ltd. and others...........................Respondents Order December 15, 201......Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Mrs. Jahanara Ahmed………………………………………………...........Petitioner Vs. Arab Bangladesh Bank Ltd. and others...........................Respondents Order Dece......record." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ......il) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Mrs. Jahanara Ahmed………………………………………………...........Petit..

Category: Property Law | Date: 15 Dec, 2011 | Hits: 81

Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)

....vil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Bangladesh Rural Development Board………………….........A...... Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Bangladesh Rural Development Board………………….........Appellant Vs. Mohammad Shahjahan and others…………………&helli...... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ......sion (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Bangladesh Rural Development Board………………&hell..

Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133

Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)

.... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Mamtaz Uddin Ahmed J Bangladesh Jute Mills Corporation....................Appellant Vs. Md. Mahbubur Rahman an...... Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Mamtaz Uddin Ahmed J Bangladesh Jute Mills Corporation....................Appellant Vs. Md. Mahbubur Rahman and another..................Respondents Judgment December 1......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ...... (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Mamtaz Uddin Ahmed J Bangladesh Jute Mills Corporation....................Appellant Vs. Md. Mahbu..

Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152

JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....inal Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J JMS Glass Industries Limited…………………………………Petitioner Vs. Government of Bangladesh and others…………………………………….Respondents Judgment Dece......sion (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J JMS Glass Industries Limited…………………………………Petitioner Vs. Government of Bangladesh and others…………………………………….Respondents ......directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ..

Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14

Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)

....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ...... Khondker Musa Khaled J SHJ Nurul Huda Jaigirdar J Begum Khaleda Zia…………………………………Petitioner Vs. State and another………………………&h......eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......sion Vs. Dr. Mohiuddin Khan Alamgir, 62 DLR (AD) 290; Habibur Rahman Molla Vs. State 61 DLR 1; Tarique Rahman’s case 63 DLR (AD) 18. Lawyers Involved: Rafique-ul-Huq with Moudud Ahmed with AM Mahbubuddin Ahmed and Md. Taufique Hossain, Advocates - For the Petitioner. ..

Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161

Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)

.... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ......hmud Hossain J Md. Mamtazuddin Ahmed J Muhammad Imman Ali J Md. Shamsul Huda J Joaharul Islam (Md.)…………………........Petitioner Vs. State and another...........................Respondents Judgment December ...... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ......Division (Criminal) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Mamtazuddin Ahmed J Muhammad Imman Ali J Md. Shamsul Huda J Joaharul Islam (Md.)……..

Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3

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