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Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)

....ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......alan showing deposit of rent with the Rent controller, since 1-1-1992 were marked as Exhibit "Ga' series (86 in numbers). 7. The learned Assistant Judge upon considering the evidence on record dismissed the suit by the impugned judgment and decree dated 20-4-1999 holding that, the defe...... well as the evidence, on record. Mr. Bhuiyan, formulated the following points of argument in support of the Rule; (a) Whenever the tenancy is admitted and whenever there is no dispute about the service of notice under section 106 of the Transfer of Property Act, a suit for eviction of a tenant..

Category: Property Law | Date: 12 Apr, 2012 | Hits: 6

Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)

....pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ...... ...........Respondents Judgment April 12, 2012. Result: The petitions are disposed of. Lawyers Involved: MA Aziz Khan, Advocate, instructed by Mahmud Begum, Advocate-on-record—For the Petitioners (In Criminal Petition No.190 of 2010). Khurshid Alam Khan, Adv......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ..

Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212

Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)

....ed to as the petitioner) filed the above mentioned writ petition before the High Court Division challenging the inaction of writ-respondent Nos.1-3, appellant Nos.1-3, herein, in not releasing the goods imported by him relating to Letter of Credit (L/C) No. 0935-0901-0091 dated 4-3-2009 covered ....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ..

Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9

Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)

....tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ......ions 875 Black marks shall not be awarded in addition to other punish­ment. As a corollary, after awarding a black mark, promotions cannot be with­held for any unreasonable period. From the service record of the writ petitioners, in would be seen that most of the Black marks were given at the earl......writ petitioners stated in their writ petition that they have been serving for long as Sub-Inspector of Police but were deprived from promotion for having three major punishment (black mark) in their service career, but as against that they have larger number of rewards. It is fur­ther stated that ..

Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120

Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)

....six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......y and accordingly acquitted. But the present petitioner stands in the same footing but his case was not properly considered by the High Court Division. In such view of the matter and the materials on record, the High Court Division com­mitted an error of law in affirming sentence of death impose......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ..

Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2

Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)

....h Madrasha Education Board, Dhaka on 1-1-1996 to open Dakhil course and thereafter, on fulfill­ment of required conditions, the madrasha was given recognition by the Board on 1-1-1997. Because of good result and fulfillment of other required conditions Madrasha Education Board gave permission to......have made submissions supporting the impugned judgment. 10. We have considered the submissions of the learned Advocates of both the sides and gone through the impugned judgments and materials on record. 11. It appears that the High Court Division clearly found that all these three educatio......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135   ..

Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13

Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)

....ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave grant­ing order. Ed. This Case is also Reported in:  9 ADC (2012) 802. ......ot be sustained in law. 8. We have considered the submissions of the learned Counsel for the petitioner and perused the impugned judgment of the High Court Division and other connected papers on record. 9. In view of the submissions of the learned Counsel for the petitioner, we find merit ......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave grant­ing order. Ed. This Case is also Reported in:  9 ADC (2012) 802. ..

Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212

Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)

....d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......roperty and, as such, he a necessary party in the suit and for proper adjudication the applicant was required to be added as party. 3. The learned District Judge after considering the materials on record dismissed the Revision Petition and consequently the High Court Division affirmed the judgmen......d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ..

Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30

Md. Mazakat Ali Harun and Others Vs. Export Import Bank of Bangladesh Limited and Others, 2012, 41 CLC (AD)

.... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ..

Category: Company Law | Date: 9 Apr, 2012 | Hits: 223

Majad Hossain and another Vs. State, 2012, 41 CLC (AD)

....modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ......nst him. The accused-petitioner surrendered before the concerned Metropolitan Magistrate, Chittagong on 02.03.2008 and he was enlarged on bail. The case being triable by a Court of Sessions, the case records were sent to the Metropolitan Sessions Judge, Chittagong where the case was registered as Me......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ..

Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618

ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... some loan for running facto­ry from respondent No.9 i.e. Sonali Bank Limited, Dilkusha Corporate Branch, Dilkusha, Dhaka (in short, the Bank) but the Company could not repay the loan to the Bank. A good number of garment industries of the country had become sick and required to be restored. To reh...... Ministry of Industries, reported in 61 DLR 641. 12. We have examined the Writ Petition, the affidavits-in-opposition filed by respondent Nos.9 and 11 respectively and the connected materials on record. We have also studied the Notification (Annexure-A to the Writ Petition) and the Bank's Guide...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ..

Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45

Rakibul Islam Vs. State, 2012, 41 CLC (HCD)

....used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......bmitted charge-sheet No.307 dated 22-10-2010 against him, under section 11(Ga) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended 2003). 4. Thereafter the case, being ready for trial, the record was transmitted to the Court of Nari-o-Shishu Nirjatan Daman Tribunal No.1, Rajshahi and it w......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ..

Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64

M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ......decimals of land in C. S. plot No.167, S. A. Plot No. 167, C.S. Khatian No.388 in S.A. Khatian No.372 under Tarabo Mouza. The land originally owned and possessed by Ayamon Nessa Bibi and her name was recorded correctly in the C.S. Khatian. Thereafter, she transferred the said land to her 3 (three) b......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ..

Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113

Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)

.... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ......earned Advocate-on-Record for the appellants and the learned Deputy Attorney-General for the respon­dent and perused the impugned judgment of the High Court Division and other connected papers on record. 12. Section 7 of the Ain, 2000 concerns abduc­tion of any woman or child for any of...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ..

Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5

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: ......hu Nirjatan Damon Tribunal, advised her to approach the Tribunal and thus filed the case by his order dated 28.9.1996. Subsequently on an application filed by the complainant, the Magistrate sent the record to the Nari-o-Shishu Nirjatan Damon Tribunal, Bogra by his order dated 14.10.1996. 5. The......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: ..

Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158

Anti-Corruption Commi­ssion Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)

....48(1)2011 is hereby quashed. The trial Court is directed to pro­ceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......) of the Money Laundering Protirodh Ain, 2009, hence the case. 3. Thereafter the Anti-Corruption Commis­sion, Dhaka investigated the case; during investiga­tion the investigation officer recorded the statement of the witnesses under section 161 of the Code of Criminal Procedure, collect......48(1)2011 is hereby quashed. The trial Court is directed to pro­ceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ..

Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138

Government of the People's Republic of Bangladesh & another Vs. Shahjahan & others, 2012, 41 CLC (AD)

.... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 113. ...... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 113. ......ions by judgment dated 27th May, 1998 relied by the High Court Division is applicable to the facts of this case and finally, whether the writ-petitioners have acquired any right of appointment in the service the Republic on the basis of alleged recommendation, Annexure-E, to the writ petition. ..

Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151

Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)

....ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ......der dated 19-8-2002. After that the plaintiff filed an application for restoration of the Rule to its orig­inal file and number after recalling the judgment and 101 order dated 7-1-1998. From the record it appears that the High Court Division heard the application on 7-4-2003 and 15-4-2003 and u......ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ..

Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88

Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)

.... Report it was alleged that the present accused-petitioners on the day and time of occurrence being armed with various deadly weapons entered into the premises of the informant and took away valuable goods from the house and abducted the wife of witness Manik Miah and wife and daughter of another wi......he 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 error or illegality. 10. However, on perusal of the record it appears to us that the alleged occurrence took place on 8-1-1980 and in the meantime more ......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.     ..

Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7

Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)

....the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ......o.156 of 1990. That suit was for declaration of title and for permanent injunction. 3. The case of the plaintiff, in short, was that the suit land originally belonged to Nabid Ali whose name was recorded in R.S. khatian. That one Abdul Latif was the superior landlord of the suit land who used t......the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ..

Category: Property Law | Date: 19 Mar, 2012 | Hits: 76