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Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No.1. Not represented-For Respondent No.2. Criminal Petition for Leave to Appeal No.113 of 2010. (From the judgment and order dated 18.02.2010 passed by the High Court Division in Criminal Revision No.811 of 1995) Judgmen...... petition for leave to appeal before this Division. 7. Mr. Syed Amirul Islam, learned Senior Advocate, appearing on behalf of the leave petitioner, submits that the High Court Division failed to notice that a company in liquidation cannot reinstate respondent No.1 to his former post as no bus......e Petitioner. Abdur Razzaque Khan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No.1. Not represented-For Respondent No.2. Criminal Petition for Leave to Appeal No.113 of 2010. (From the judgment and order dated 18.02.2010 passed by the..Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238
Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)
....esented-For Respondent Nos.2-8. Civil Appeal No.183 of 2011. Judgment Nazmun Ara Sultana J.- This appeal, by leave, at the instance of the writ respondent No.6 is from the Judgment and Order dated 07.10.2010 passed by a Division Bench of the High Court Division in Writ Petition No.3656 of 2......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. ......Judgment March 3, 2012. Result: The appeal is disposed of with observation. Whether section 14 of the Limitation Act, 1908 is applicable in determining the period of limitation prescribed for any suit, appeal or application by any special law e.g. the Local Government (Upazilla Parishad)..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....5. Judgment Md. Ruhul Quddus J.- This Rule at the instance of a convict was issued on an application under section 561A of the Code of Criminal Procedure for quashment of judgment and order dated 26.5.2003 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Moulvibazar in Nari-Shishu Nirj......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:......l Miscellaneous Case No.10245 of 2005. Judgment Md. Ruhul Quddus J.- This Rule at the instance of a convict was issued on an application under section 561A of the Code of Criminal Procedure for quashment of judgment and order dated 26.5.2003 passed by the Nari-o-Shishu Nirjatan Damon Tribu..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)
.... instructed by Nurul Islam Bhuiyan, Advocate-on-Record —For Respondent No.1 (In both the cases). Civil Petition for Leave to Appeal Nos.1588 and 1589 of 2009. (From the judgment and order dated 18.03.2009 passed by the High Court Division in F.A. No.345 of 2000 and F.A. No.564 of 2000.) ......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. ......rd—For the Petitioner (In both the cases). Mahmudul Islam, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record —For Respondent No.1 (In both the cases). Civil Petition for Leave to Appeal Nos.1588 and 1589 of 2009. (From the judgment and order dated 18.03.2009 pa..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....BM Nurul Islam, Advocates—For the Opposite-Parties. Civil Revision No.188 of 1998. Judgment Sharif Uddin Chaklader J.- This rule by defendant directed against judgment and decree dated 4-9-1997 passed by the learned Sub-ordinate Judge, 2nd Court, Naogaon allowing Title Appeal No......s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191 21 BLT (HCD) (2013) 39 ......uresh became the owner of entire suit properly. Profullah exchanged 0.63/acres of land with defendant No.2 by registered deed No.5025 dated 16-4-1994. Defendant No.2 sold his purchased land to the proforma defendant No.3 but instead of registered sale deed, transfer was done through exchange deed. D..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
....consistent with Part-III of the Constitution of the People's Republic of Bangladesh and violates the fundamental right of citizen and why the Notice published in the daily "The Ittefaq" dated 11-7-2010 as shown in Annexure "E" should not be declared to have been published wit......l applications to the Bank for adjustment of his outstanding liability with the Bank in the year 2010. The Bank instead of giving and extending the period of the limit up to 30-12-2010 served a legal notice upon the petitioner through his lawyer dated 17-6-2010 and 6-7-2010. The petitioner gave repl...... Md. Ashfaqul Islam J.- At the instance of the petitioner, Md. Mamun-ur-Rashid this Rule was issued calling upon the respondents to show cause as to why section 12 of the Artha Rin Adalat Ain now in force should not be declared as void being inconsistent with Part-III of the Constitution of the Peo..Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7
Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)
....tructed by Md. Abu Siddique, Advocate-on-Record—For Respondent No.1. Not represented-Respondent Nos.2-15. Civil Petition for Leave to Appeal No.2251 of 2010. (From the judgment and order dated 21.05.2009 passed by the High Court Division in Writ Petition No.3581 of 2003.) Judgment ......the said land to the writ petitioners was under process and at that stage the dwelling houses of the writ petitioners on the said land were demolished by the local administration without giving any notice to the writ petitioners. The writ petitioners thus have been compelled to file this writ peti......e land in question on yearly basis, they cannot be evicted at any time. Though they could not and did not acquire any right to get permanent lease of this land, they can apply to the proper authority for getting permanent settlement of the land. On their application, the concerned authority can cons..Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....sh; For Appellant None appears—For the Respondent First Appeal No. 209 of 1997 Judgment Abu Zafor Siddique J. — This appeal is directed against the judgment and decree dated 3-6-1996 (decree drawn on 10-6-1996) passed by the Subordinate Judge and Artha Rin Adalat, Nao......mport certain goods to the tune of Taka 2, 00,000. After arrival of the goods the defendant failed to take delivery in time and, as such, the goods were sold in auction and thereafter the Bank sent a notice to the defendant to adjust the money with the accrued interest thereon. But in the case in ha......also Reported in: 68 DLR (HCD) (2016) 73 ..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
....ate-on-Record-Respondent No. 7.
Md. Abdur Nur, Advocate-on-Record- For Respondent No. 8.
Not represented- Respondent Nos. 2-6 & 9-10.
Civil Appeal No.27 of 2011.
(From the judgment and order dated 15.12.2009 passed by the High Court Division in Election Petition No. 8 of 2009)
Judgment
Sy...... Officer (Telephone Revenue), Mymensingh (Respondent No. 10) sent a reply dated 22.06.2004 to the objection of the appellant stating that the bills could not be exempted. The said Office sent another notice dated 12.05.2004 requesting the appellant to pay the arrear bills, failing which criminal act......ect.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....
Judgment
Sheikh Hassan Arif J. - Rule Nisi was issued calling upon the respondents to show cause as to why the decision of the respondent No.1 (BTRC) issued vide Memo No. BTRC/LL/ Mobil/License dated 17-10-2011 (Annexure-I) ("impugned memo") under the signature of the respondent No.4...... amendments may be brought about only after seeking written statement from the licensee and after consideration of such written statement, if any. .......... (28)
Notice
Issuance of 15 days notice upon the licensee will have to be made when the terms and conditions of an existing licence a......otal consideration value. It is never deducted like advanced income-tax or income-tax from the income. In whichever stage one deducts and pays VAT, he has to deduct it after addition of VAT and not before addition. .......(39)
Constitution of Bangladesh, 1972
Article 102
..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
....registered.
4. It has been further asserted that the superior quality of the fruit juice manufactured and marketed by the petitioner and the continuous use of the Trade mark "FRAN FROOTO" from the date of launching and due to vigorous sales promotion measure undertaken by the petitioner from ti......Patents, Designs and Trade marks on 14th day of October, 2008 under application No.118828 in Class No.32. But the Trade mark Registry, instead of registering the Trade mark of the petitioner served a notice for show cause on 21-12-2009, as to why the petitioner application shall not be rejected on t......hamsud Doulah, Advocate - For the Respondents.
Trademark Application No.1 of 2011.
Judgment
AFM Abdur Rahman J. - This application, under section 42 of the Trade mark Act 2009, praying for rectification of the Register of Trade marks by removing the registered Trade mark No.31112 in c..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
.... Syed Mahbubur Rahman, Advocate-on-Record—For the Petitioner. Respondents—Not represented. Civil Petition for Leave to Appeal No.484 of 2009. (From the judgment and order dated 13.01.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.34 of 2008). ......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......tana Begum Vs. Prim Chand, AIR 1997 SC 1006. Lawyers Involved: Syed Mahbubur Rahman, Advocate-on-Record—For the Petitioner. Respondents—Not represented. Civil Petition for Leave to Appeal No.484 of 2009. (From the judgment and order dated 13.01.2009 passed by the..Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....Curia. First Appeal No.527 of 2001. Judgment Nazrul Islam Chowdhury J.- This appeal at the instance of the defendants as appellants has been brought challenging the judgment and decree dated 17-7-2001 passed by the learned Sub-ordinate Judge, Additional Court and Artha Rin Adalat No. ......ice which is the fundamental principle of state policy. Therefore, such case of exploitation of man by man if detected this Court must rise up for protection with all its force. 22. We have also noticed the consequence of entertaining such an unhealthy attitude between man and man in this case ......ssed by the learned Sub-ordinate Judge, Additional Court and Artha Rin Adalat No. 2, Dhaka in Title Suit No. 155 of 2001. 2. During pendency of the appeal when the matter was brought in the list for hearing at that stage an application for recording a decree on compromise was filed before ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
....can be treated as a public interest litigation, and the
necessity of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:......hould be exempt from the cost of
the cases filed by it as public interest litigations and as such a direction
may be given to the office to register the application as a writ petition and
to serve notices at the cost of office. None filed any affidavit in opposition.
9. As the Rule matured, ...... also Reported in:..
Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15
Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)
....riminal Appeal No. 4653 of 2005. Judgment Md. Ruhul Quddus J.-This appeal under section 28 of the Nari-o-Shishu Nirjatan Damon Ain, 2000 at the instance of two accused is directed against order dated 3.5.2005 passed by the Nari-o-Shishu Nirjatan Damon Tribunal No.5, Dhaka framing charge agains......icial enquiry report has been filed to see the nature of allegation made in the naraji and the findings of judicial enquiry, upon which cognizance was taken against the appellants. We brought it into notice of Mr. M. A. Wahab, learned Advocate for the appellants, but he also failed to produce those ......order dated 3.5.2005 passed by the Nari-o-Shishu Nirjatan Damon Tribunal No.5, Dhaka framing charge against the accused-appellants under section 6(1) of the said Ain on rejection of their application for discharge in Nario-Shishu Case No.98 of 2004 arising out of Mirpur Police Station Case No.80 (9)..Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....5 years, and beyond that only with the previous sanction of the Administrator of Waqfs, proviso to the section has given a further rider that even the sanction by the Administrator shall not validate any transfer which is in contravention of any other law for the time being in force or is ...... out a fresh judgment, for deciding the defendant's claim of possession and dispossession in respect of 2nd schedule land on the basis of the evidence available with the record. The learned Judge noticed that there are conflicting findings as regards the finding of possession followed by disposs......rt of waqf property in perpetuity with prior sanction of the Administrator. The language used in this section is so explicit that the mutawalli can exercise the right of transfer by way of lease for a period exceeding 5 years with prior approval of the Administrator. The words and figure &..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....was filed which was accepted under section 156(3) of the Code of Criminal Procedure and the Officer-in-Charge of Jhenaidaha Sadar Thana was directed to treat it as F.I.R. As per the court's order dated 02.06.07, a case being Jhenaidaha Sadar Thana Case No.02 dated 02.06.07 under section 304A/34 ......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......r…………………………Opposite parties Judgment January 26, 2012 Result: The Rule is discharged. When First Information Report discloses a prima-facie case against the petitioner, no application under section 5..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
Mosharref Hossain Vs. Governor, Bangladesh Bank and others, 2012, 41 CLC (AD)
....Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record—For the Petitioner. For the Respondents—Not represented. Civil Review Petition No.126 of 2009. (From the judgment and order dated 25th May, 2009 passed by the Appellate Division in Civil Petition for Leave to Appeal No.1647 ......emo dated 13.03.2001 he was informed about inspection of his business by a visiting team of the Bank. Inspection took place on 13.03.2001, 28.03.2001 and 06.08.2001. On 23.06.2001 the Bank issued a notice informing the petitioner that during the inspection on 13.03.2001 the Inspection Team found......others…………………………………………Respondents Judgment January 26, 2012. Result: The petition is dismissed. When any license is issued to any business enterprise for the purpose of running any business, it is a pre-condition that Rules, Regulations, terms and co..Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... the Appellant. Mahbubey Alam, Senior Advocate, instructed by Md. Wali-ul-Islam, Advocate-on-Record—For the Respondents. Civil Appeal No. 223 of 2005 (From the judgment and order dated 27-7-2OM passed by the High Court Division in F.A. No. 282 of 2003) Judgment Md. Muz......rained to refer the matter to arbitration as per provision of clause 12 of the contract. But the respondent did not reply and, as such, the appellant as per clause 12.1 of the contract served further notice upon the respondent informing that the respondent has failed to act and take necessary steps ......posed of. The word judgment is not defined in the Arbitration Act. Order XX, rule 4(2) of the Code requires that judgments of all Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section 17 of the Arbitr..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....hman, Advocate-on-Record—For Respondent No.1. None represented—For Respondent Nos.2-10. Civil Petition for Leave to Appeal No. 530 of 2011. (From the judgment and order dated the 8th day of June, 2010 passed by the High Court Division in First Appeal No.328 of 2007). ......irs, the plaintiff became frustrated and started looking frantically for defendant Nos.1, 2, 6, 7 and 8, but could not trace out their whereabouts. And then, on 5-2-2006, the plaintiff served a legal notice upon defendant No.2 and thus tried to inform him all facts in detail and also requested him t......bsp; Mahmudul Islam, Senior Advocate instructed by Syed Mahbuar Rahman, Advocate-on-Record—For Respondent No.1. None represented—For Respondent Nos.2-10. Civil Petition for Leave to Appeal No. 530 of 2011. (From the judgment and order dated the 8th day of June, 20..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
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