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Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)

.... Mohan and Jogendra Chandra. Raj Kumar on the same date by another registered saf kabala No.1702 trans­ferred 29½decimals of land from dag No.1688 and 11 decimals of land from dag No.1684, totaling 40½ decimals of land to Brojo Mohan and become titleless inspite of that CS Khatian ......erties. The appellants' contention as to the relinquishment of the interest of Nirmal Kanti Bardhan in favour of the appellant and his co-sharers in Pakistan cannot, of course, be accepted in the absence of the necessary registered instrument evidencing such relinquishment and the share of the s......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. ..

Category: Others | Date: 18 Mar, 2012 | Hits: 5

Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)

....ri by microbus and she herself injured by Chinese axe on the head of the informant. No ground was shown by the informant as to why she will be so barbarous against the informant and the informant has totally failed as to what enmity lies with her for which she will do such heinous work. It was also ...... 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. ......obedience to the law of the law of the land but also for securing the ends of justice in its widest sense. Inherent power of the High Court Division by reason of its being the highest Court must have jurisdiction over Civil and Criminal Courts of the land. The powers in a sense are inalienable attri..

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 ......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 ......matter or persons apprehensive or being affected by the act of functionaries performing functions in connection with the affairs of the Republic or of a local authority is not entitled to invoke writ jurisdiction, as has been observed by the Appellate Division in Kamaluddin Vs. Secretary, Ministry o..

Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2

Swadhin Chandra Mandal and others Vs. Bangladesh University Grants Commission (UGC), 2012, 41 CLC (HCD)

.... Nos.10-19, who are the admitted students for this academic year in the Department of Animal Husbandry (Honours) Course and has adversely been affected by the interim order passed by this Court, have totally supported the case of the petitioners. 9. Mr. Md. Badruddoza, the learned advocate appe...... by the respondents in their affidavits as well as from the submissions advanced by the learned advocates for the respondents Nos.8 and 9, which reflects the demeanour of the respondents, that in the absence of sufficient graduates from Animal Husbandry education, the Veterinary Doctors are carrying......gy University be allowed to continue with their regular studies accordingly. However, there shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 166. ..

Category: Others | Date: 14 Mar, 2012 | Hits: 5

Industrial Promotion and Development of Bangladesh Limited (IPDC) and another Vs. Mrs. Mohsina Rahman and others, 2012, 41 CLC (AD)

....e in addition to previous loan amount of Tk.9.00 crore to the writ respondent No.9, the writ respondent No.7 also confirmed that the collateral securities mentioned in the said letter would cover the total finan­cial facilities of Tk.20.00 crore including Tk.9.00 crore which had already been dis......r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing. Ed. This Case is also Reported in: 9 ADC (2012) 865. ......r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing. Ed. This Case is also Reported in: 9 ADC (2012) 865. ..

Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7

Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)

.... 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 which totally debar plaintiff to institute or file any suit. Here we may quote from the unreported decisio...... 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.  ...... 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.  ..

Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10

Assistant Horticulturist, Agriculture Extension Division, Crop Section Vs. M. A. Sattar Bhuiyan, 2012, 41 CLC (AD)

.... Demarcation Case No.21/1981-82 was started and upon field measurement they got their purchased land demarcated with specific boundary. Majharul Huq and others while possessing the said land sold out total 3.51 acres of land to the plaintiff by 13 kabalas of the year 1990 and the plaintiff since pur......d dis­posal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ......d dis­posal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ..

Category: Property Law | Date: 12 Mar, 2012 | Hits: 94

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. ......nviction without application of its judicial mind, and secondly, the High Court Division acted in excess of jurisdiction in enhancing the sentences of fine reduced by the Court of appeal below in the absence of revision petitions being filed by the complainant against the inadequacy of sentences of ......f the petitioner are that the High Court Division acted illegally in main­taining the conviction without application of its judicial mind, and secondly, the High Court Division acted in excess of jurisdiction in enhancing the sentences of fine reduced by the Court of appeal below in the absence ..

Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122

Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....id not comply with the direction of this Court, probably due to not maintaining any record of upgradation of the passengers in any register. This picture clearly shows that the Biman authority has totally failed to disclose the number of upgraded passengers because they do not maintain any recor......ity according to their hierarchy set down in the Warrant of Precedence for upgrading, without disturbing the regular passenger who purchased higher class tickets on payment of regular fare. In the absence of any such dignitary in the passengers’ list or after upgrading the available dignitarie...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17

Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e) year 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) 219. ......e) year 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) 219. ......e) year 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) 219. ..

Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18

Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)

....e concerned Deputy Secretary Abdul Quiyum Bhuiyan. 25. It appears that, on the first issue, the IO did not consider the most vital decision about abolition of the two organizations. Moreover, he totally misconceived the letter dated 11-7-1988 and 21-1-1988 issued by the two parent Departments (......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.         ......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.         ..

Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9

Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)

.... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:    ...... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:    ...... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:    ..

Category: Company Law | Date: 4 Mar, 2012 | Hits: 28

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. ......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. ......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. ..

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. ......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. ...... did not furnish any security. Wherein the law is that the security is to be deposited or anybody challenge the award then it also accompanied with security, unless security be deposited Court has no jurisdiction to entertain any claim of the objector or the person who challenge the award. 13. Si..

Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316

Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)

....earned Deputy Attorney-General for the State submits that the learned Additional District Magistrate after assess­ing the evidence on record rightly came to the con­clusion that the prosecution has totally failed to prove case and thus he acquitted the accused peti­tioners. He further submits tha......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. ...... for securing obedience to the law of the land but also for securing the ends of justice in its widest sense. Inherent power of the High Court Division reason of its being the highest Court must have jurisdiction over Civil and criminal Courts of the land. The powers in a sense are inalienable attri..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117

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. ......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. ...... the period of limitation prescribed by those laws for any suit, appeal or application. Section 14 of the Limitation Act has provided for exclusion of time of proceeding bona fide in Court without jurisdiction in determining the period of limitation. Section 14 of the Limitation Act also is quote..

Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208

Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)

....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:......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:......amon (Bishesh Bidhan) Ain, 1995 is a special penal law and it provides no punishment for infliction of simple injury on demand of dowry, the Tribunal constituted under the said Ain, therefore, had no jurisdiction to try the present case. It could at best be tried by an ordinary criminal Court. ..

Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168

Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)

....e by the plaintiff. Plaintiff relied on exbt.2 which is an agreement for sale dated 21-1-1987. It appears that P.Ws. gave contradictory Depositions in Court by which the existence of Exhibit 2 become totally doubtful. It also appears that plaintiff never been in possession of the suit land. Depositi......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   ......"The appellate Court having finding that there was no service of summons in the suit, it was no function of the High Court Division to sit in appeal over this finding while exercising revisional jurisdiction. The High Court Division was only concerned with the question as to whether the appella..

Category: Property Law | Date: 23 Feb, 2012 | Hits: 6

Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)

....rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ......A Razzaque Vs. Bangladesh Bank and another passed in writ petition No.9231 of 2010 has decided that the writ petition is not maintainable against the private bank and if in such a case to attract the jurisdiction under Article 102 a device is taken by impleading the government party that would be on..

Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ......e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ......e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14