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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: ...... trial. Moreover, charge has not yet been framed in the instant case. The Tribunal is fully competent to see whether the materials before it are satisfactory to proceed against the petitioner. In any view of the matter, we do not find any reason to interfere with the proceedings at this stage. Th..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151
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. ......uitted the fresh petition of complaint is not barred under the law. The above finding of the learned Additional Sessions Judge is very much consonant with the provision of law. As such, we are of the view that in passing the impugned judgment and order the learned Sessions Judge did not commit any e..Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7
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. ...... in respect of the suit property and aforesaid finding having been made by the trial Court on consideration of oral and documentary evidence, the High Court Division erred in taking a contradictory view regarding the said power of attorney without considering the oral and documentary evidence an..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....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. ......ithout adverting to the findings arrived at as regards acquisition of title and possession of the suit lands by the appellants. On consideration of the fact and circumstances of the matter, we are of view that the High Court Division erred in law in disbelieving the appellants title in the suit land..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Commissioner of Customs and another Vs. Equity Construction Pvt. Ltd., 2012, 41 CLC (AD)
....extended till disposal of the appeal. Let this appeal be heard along with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ......were restricted items under Article 1.4 of the import policy order 2006-2009. Feeling aggrieved by the said order the writ petitioner moved the High Court Division. The High Court Division was of the view that the writ petitioner is a development company which is an industry and since it imported ..Category: Fiscal/Taxation Law | Date: 15 Mar, 2012 | Hits: 87
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
.... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ......nherent power to quash any proceeding Judgment or decision of any Court/Tribunal subordinate to it. But this power must be exercised very sparingly cautiously and only in exceptional cases keeping in view the facts and circumstances of each and every extra ordinary power has to be pressed in aid whe..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......mits that though in the present Rule the petitioner has challenged the attempt of Dhaka City Corporation to allot temporary shop to the Hawkers who are admittedly trespasser, but in fact in view of the statements so made in the affidavit in opposition Dhaka City Corporation has alread..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
Category: Others | Date: 14 Mar, 2012 | Hits: 5
Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ......r of allotment or in the BSIC Lease Deed Preforms, the decision of the Chairman BSIC as Arbitrator shall be final and binding upon you and no civil Suit shall be thereof." 15. We are of the view that plaintiff got the allotment letter from defendant No.1-3 as per the terms and condition wh..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
.... 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. ......e High Court Division concurrently found that the cases were filed within the statutory period of limitation and that the complainant had been able to prove the charge against the petitioner. In view of these findings the learned Advocate-on-Record finds it difficult to assail the judgments as ..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
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. ......xpression bears the same meaning as being not surplus employees. 26. On the second issue the report of the IO is contradictory, so far signature of Abdul Quiyum Bhuiyan is concerned. 27. In view of the above we hold that the investigation conducted by the IO was incomplete and further inve..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......n and Senior Assistant Secretary named ASM Aziz, of the Land Ministry, without verifying the antecedents of the accused-petitioners, obtained the approval of the higher authorities, and issued interview letters and finally the accused-petitioners were appointed to various posts under the Land Mini..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....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. ......n in limine. 6. Section 30 of the Arbitration Act speaks, as per Article 158 of the Limitation Act if award is challenged it is to be filed within 30 days. All the Courts of this Subcontinent took view that Arbitration Act being a special act, 30 days provision is mandatory not directory. Any a..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....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. ......to quash any proceeding Judgment or to set-aside decision of any Court/tribunal subordinate to it. But this power must be exercised very sparingly, cautiously and only in exceptional cases keeping in view the facts and circumstances of each and every case. The inherent power which are in the nature ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ......spondent No.1 to his former post as no business is carried out by a liquidated company and that the business and commercial activities of the company come to an end with its liquidation and in that view of the matter there was/is no scope to reinstate respondent No.1 to his former post in the Ne..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)
....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. ......nd set aside the judgment and order of the Election Tribunal on the finding that the appellant was not a loan defaulter. The Election Appellate Tribunal condoned the delay in filing the appeal on the view that the delay in filing the appeal was caused due to the filing of the appeal earlier in a wro..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
....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. ......injuries at 3.30 p.m. on that day. The further case of the prosecution is that, the accused persons at the instance of Golam Mawla and Nurul Islam, at a secret meeting at night, made a plan, with a view to take forcible possession of the disputed boundary and also construct a wall. The accused p..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78