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Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......endra Kumar Sinha J.- I have read the draft copy of the judgment written by my learned brother Md. Abdul Wahhab Miah J, I agree with the conclusions arrived at by my learned brother but since a vital question of law is involved in this appeal, I would like to express my own opinion. 3. Though f......Abdul Wahhab Miah J, I agree with the conclusions arrived at by my learned brother but since a vital question of law is involved in this appeal, I would like to express my own opinion. 3. Though facts relevant for the disposal of the question involved in these appeals have been exhaustively nar..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......ances, exchanged e-mail that the equipments are being supplied and waiting for release in the Chittagong Port. But the circumstances reveals that the petitioner did not establish the L/C for which no question of supply equipments arises at all and therefore the fault if any is attributable to the sh......spondent No.2 Company has continuously and successfully provided the services of equipments to the petitioner company to make the system run properly from 2009 onwards till February 2012, despite the facts that there is no service providing contract between the petitioner company and the respondent ..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
.... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ......istrar of No.3 East Chandrapur Union who has been appointed as Nikah Registrar of No.1 Sindurpur Union has in fact, delegated his function to the petitioner to work as Nikah Registrar for the area in question and it further appears from the certificate issued by the Nikah Registrar of No.3, East Cha...... lawful authority and hence, of no legal effect and as to why the respondents should not be directed to appoint the petitioner as the Nikah Registrar for the said Union Parishad. 2. In the given facts and circumstances as stated in the writ petition Mr. ZH Bhuiyan, the learned Advocate appearin..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......in Title Appeal No. 150 of 1989 allowing the appeal reversing the part decree dated 28-2-1977 passed by the learned Sub-ordinate Judge, Additional Court, Noakhali in Title Suit No.19 of 1972. 2. The facts, leading to this appeal, in brief, are as follows:— The appellants herein as the plaintiffs..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ......Md. Nawab Ali, learned Advocate-on-Record, appearing for the respondents, on the other hand, supported the impugned judgment and order passed by the High Court Division. 6. Let us first decide the question on which leave has been granted. The question rests upon the proper construction of section...... as party to the probate proceeding. The High Court Division is found to have clearly fallen into an error taking view that the respondents have got such locus standi." 14. In the second case, the facts are that one Sarat Kumar Kanungoo made a Will on the 19th March, 1986 and a few days later, he..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....ear any disputed question of facts or pass any direction or orders to hold an inquiry by a District Judge for removing any controversy. Provisions of Article 102 read with Article 44(1) are identical with those of the Article 32 of the Indian Constitution so far as those relate to the enfo......claiming compensation. In awarding and determination of compensation the High Court Division, in an appropriate case if it deems necessary, may take evidence to clear any disputed question of facts or pass any direction or orders to hold an inquiry by a District Judge for removin......pensation. In awarding and determination of compensation the High Court Division, in an appropriate case if it deems necessary, may take evidence to clear any disputed question of facts or pass any direction or orders to hold an inquiry by a District Judge for removing any contro..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......ently affirmed by the Additional Divisional Commissioner by order dated 05.11.1994 and then, by the Full Board in Review Case No.3-85/94 vide Order dated 09.12.2003. The disputed and the important question of fact cannot be resolved in writ jurisdiction. It is not correct that filing of Miscella.......64 of 1994 which was confirmed by the Additional Divisional Commissioner by Order dated 05.11.1994 and the Full Board as mentioned hereinbefore. The Land Appeal Board, on an erroneous view of the facts and law, affirmed the order of the Assistant Commissioner (Land) dated 05.10.1989 and as such..Category: Property Law | Date: 29 May, 2012 | Hits: 12
H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)
....ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ......ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ...... to comply his obligation which was admitted that they have not shipped the color sorting machine as has been stated in the pro-forma invoice and also in the commercial invoice. 9. Under the above facts and circumstances and the reasoning as above this court finds merit in the substantive petitio..Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ......d energetic development in the matter of communication, commerce and industries and supplies and services to made public life easy under the new conditions. To enable the Government to take all these question with speed and enthusiasm it is bound to requisition and acquire, where necessary, movable ......at some employees of Bangabandhu Sheikh Mujib Medical College, (BSMMU) along with some other person of District Administration are measuring the suit property and having come to know of the aforesaid facts, plaintiffs went to the office of defendant No.2 and on query came to know that the property h..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ...... the petitioner's government portion of monthly salary or MPO is found to be without legal authority. The same also reflects and arbitrary abdication of duty by a public authority and in the facts and circumstance also involves a violation of the elementary principles of natural justice. ..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ......tian No.1 SA Plot No.6340 of Mouza Mymensingh Town, Police Station Kotwali, District-Mymensingh and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts relevant for disposal of the, Rule, in short, are that Satish Chandra Datta and Ramesh Chandra..Category: Others | Date: 22 May, 2012 | Hits: 9
Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)
....9, 2091 of 2008, 4194 of 2007, 331(a) of 2008 and 12157 of 2006) Order Surendra Kumar Sinha J. - The delay in filing Civil Review Petition Nos.6, 7, 8, 10 and 11 is condoned. 2. Common identical question of facts and law being involved in these petitions, they are disposed of analogou...... 2008, 4194 of 2007, 331(a) of 2008 and 12157 of 2006) Order Surendra Kumar Sinha J. - The delay in filing Civil Review Petition Nos.6, 7, 8, 10 and 11 is condoned. 2. Common identical question of facts and law being involved in these petitions, they are disposed of analogously by thi......of 2007, 331(a) of 2008 and 12157 of 2006) Order Surendra Kumar Sinha J. - The delay in filing Civil Review Petition Nos.6, 7, 8, 10 and 11 is condoned. 2. Common identical question of facts and law being involved in these petitions, they are disposed of analogously by this order. Res..Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ......ution was made on -3-7-2011 by amending Article 47(3) adding and making amendment into the Constitution to try the "individual or group of individuals or organization". 2. Now the question has been raised by the learned Advocate for the petitioner, whether the amendment of sectio......His Lordship also warned the petitioner of that writ petition about his derogatory comments against the liberation war of Bangladesh holding that the comments were utter distortion of historical facts and brought into question the ethos of liberation war and was a slur on Bengali nationali..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ...... in the court of Judicial Magistrate, Cognizance Court No.1 Pabna should not be quashed and/or pass such other or further order or orders as to this court may seem fit and proper. 2. The short facts for disposal of the Rule is that: On 28.11.2010 one Md. Abdus Samad, son of Md. A. Rahm..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)
....l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ......l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ......g the judgment and order dated 28.11.2005 passed by the learned Senior Assistant Judge, Companygonj, Noakhali in Miscellaneous Case No.24 of 2005 allowing the application for pre-emption. 2. The facts, leading to the filing of this petition, in brief, are that the petitioner herein as the pre-e..Category: Property Law | Date: 10 May, 2012 | Hits: 7
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ...... Appeal No. 190 of 1989 allowing the appeal and reversing the judgment and decree dated 31-7-1989 passed by the learned Subordinate Judge, First Court, Sylhet in Title Suit No.56 of 1983. 2. The facts involved in the appeal, in brief, are as follows: The appellants herein as the plaintiffs..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
.... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ...... as clear from a close examination of the exhibits which reveals that the appellant has paid Taka 3,37,600 in excess; ii) the plaintiffs respondents have waived and/or acquiesced their rights to question the Appellant's irregular mode of payment, having accepted such payments and having con......nt having arising out of the self same cause of action and having related to the same property are taken up together and this judgment would governed both these appeal and Rule. 2. The facts relating for disposal of the appeal are that, plaintiffs are the heirs of late Professor Yousu..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......titions arise out of two separate judgments, the writ petitions out of which these petitions arise have been instituted challenging the self-same orders over the same subject matter and the questions involve in these petitions being identical, these petitions are disposed of anal......counsel expressed their desire to make further submissions, we treat this case as an exceptional one and recall the unsigned orders in exercise of inherent powers of this Division. 3. Short facts relevant for the disposal of these petitions are succinctly narrated thus: 4. Grameen Ban..Category: Banking Law | Date: 5 May, 2012 | Hits: 220