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Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....d. Zakir Hossain J Saiful Islam Jitu (Md.) ...................Petitioner Vs. State.............................Opposite-Party Judgment January 18, 2012. Result: The Rule is discharged. Cases Referred to- Md Shamim Vs.State, 19 BLD 542; Monir Hossain Vs.St......urisdiction before it hurriedly moved an application before the learned Sessions Judge making prayer to transfer the case to the Juvenile Court. Thus, we are of the view that the said application was absolutely misconceived and not tenable in law. 18. In the instant case charge has not been fra..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....aman Islam J Amzad Hossain……….........................Petitioner Vs. Bangladesh Bank and others.............Respondents Judgment January 18, 2012. Result: The Rule is discharged. Cases Referred to- Bangladesh vs. Tajul Islam, 49 DLR (AD) 177; Bangla......d to act as a healthy check on the abuse or misuse of power. The rules of Natural Justice can operate only in areas not covered by any law validly made. The general principle as distinguished from an absolute rule of uniform application seems to be that where a statute does not in terms exclude this..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....aside under provisions laid down in the Code of Civil Procedure 1908 on the grounds provided in the said provisions. In the instant case the judgment debtors once filed an application under Order XXI Rule 90 of the CPC. The execution court vide order No.150 dated 15-3-2004 rejected the said app......ecree. So the execution court does not have any jurisdiction to take into consideration of any thing stated in preliminary decree……..(14) Whether the sale of the property once made absolute can be affected even if the decree is overturned- It is settle principle of law the sa..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....Swapan Kumar Mitra, Advocate —For the Appellant. Md. Sultan Uddin, Advocate—For the Respondent. Memorandum of Appeal from Original Order No.119 of 2010 with connected Civil Rule No. 299 (FM) 2010. Judgment Md. Nuruzzaman J. - The instant appeal, at the instance o......of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)
....……………..............................Petitioner Vs. Government of Bangladesh others………………………Respondents Judgment January 10, 2012. Result: The Rule is disposed of. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Petition...... মামলাটি বিচারাধীণ থাকায়, এ দপ্তর থেকে সিদ্ধান্ত প্রদানের অবকাশ নেই।” This is absolutely a wrong and fallacious interpretation. 5. The Rule is not opposed by the responden..Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....Mohammad Ali…………………………….Accused-Petitioner Vs. State and another………………………………….Opposite-Parties Judgment January 10, 2012. Result: The Rules are discharged. Cross-cheque/ Account Payee cheque as negotiable instrument Cross-cheq......truments Act, 1881 does not allow anyone to prosecute unless the cheque is received by the Bank, submitted by another person. On such counts Rule of these matters as has been so issued are to be made absolute. 5. Mr. KB Rumy the learned Advocate for the accused-petitioner, at the very outset of t..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....ssing the suit land peacefully on payment of rent to the Government and the suit land has also been recorded in their names. That the defendant No.14 Mirzarul Alam Chowdhury made an application under Rule 30 of the State Acquisition and Tenancy Rules challenging the recording of the suit land in the......vil Petition for leave to appeal has been directed against the judgment and order dated 21.01.2010 passed by a Single Bench of the High Court Division in Civil Revision No.185 of 2008 making the rule absolute. 2. The facts necessary for disposal of this civil petition for leave to appeal are as..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....af Hossain, Deputy Attorney General with Ms. Yehida Zaman, Assistant Attorney General-For the Respondents. Writ Petition No.10803 of 2011. Judgment AHM Shamsuddin Choudhury J.- The Rule under adjudication, issued on 12th December, 2011, was in following terms: “Let a R......d Diplocks view, are swayed to lend our full weight to what the petitioner has put on the slade. The Rule is hence entitled to be steered through the conduit of success, wherefore the same is made absolute, there being no order on cost though. 28. The respondents are directed to honour the ..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ts as stated in the leave petition, it appears that the present petitioner filed Writ Petition No.9985 of 2007 before the High Court Division praying for the following relief: “To issue a Rule Nisi upon the respondents to show cause as to why necessary directions should not be made that ......ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ..Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
....ys is condoned. 2. This petition for leave to appeal is directed against the judgment and order dated 31.10.2011 passed by the High Court Division in Writ Petition No.624 of 2011 discharging the Rule. 3. The petitioner was an accused in Rajoir Police Station Case No.7 dated 12.02.2003 unde......per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Anti-Corruption Commission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....pecial Judge, Barisal and such grounds do not appear to us bonafide. Therefore, on those grounds the case could not be transferred. It further appears that the High Court Division without issuing any Rule upon the State disposed of the application transferring the case from the Divisional Special Ju......ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....ltana J.- This Civil Petition for leave to appeal has been directed against the judgment and order dated 08.08.2010 passed by the High Court Division in Civil Revision No.2882 of 2009 discharging the Rule. 2. The above mentioned Civil Revision was filed challenging the judgment and order dated ......e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....tioner Vs. State………………………….....................Opposite Party Judgment January 1, 2012. Result: The Rule is made absolute. Cases Referred to- Abdul Wadud Vs. State, 48 DLR (AD) 7; Malek Hoss......s. State………………………….....................Opposite Party Judgment January 1, 2012. Result: The Rule is made absolute. Cases Referred to- Abdul Wadud Vs. State, 48 DLR (AD) 7; Malek Hossain Pir Vs. B..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
.... and the possession also of this auction sold property was delivered to the auction purchaser. Thereafter on 30.08.2003 the present petitioner Mrs. Jahanara Ahmed filed an application under Order XXI Rule 90 of the Code of Civil Procedure praying for setting aside the sale of the "B" schedule proper......for the schedule "B" property was Tk.60,01,000/-. The executing court accepted the said highest bid and ultimately on receipt of the entire auction money from the highest bidder made the auction sale absolute. Meanwhile with the proclamation of the Artha Rin Adalat Ain, 2003 the said title execution..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
....s appeal, by leave, at the instance of Bangladesh Rural Development Board is from the judgment and order dated 10.05.2007 passed by the High Court Division in Writ Petition No.1870 of 2003 making the Rule absolute. 2. The respondent No.1, Mohammad Shahjahan filed the above mentioned writ petiti......eal, by leave, at the instance of Bangladesh Rural Development Board is from the judgment and order dated 10.05.2007 passed by the High Court Division in Writ Petition No.1870 of 2003 making the Rule absolute. 2. The respondent No.1, Mohammad Shahjahan filed the above mentioned writ petition ch..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
.... out of the judgment and order dated the 18th day of November, 2001 passed by the High Court Division in Writ Petition No.3614 of 2000 heard analogously with Writ Petition No. 3449 of 2000 making the Rules absolute. 2. Facts giving rise to this appeal are as follows:— Respondent No.1 as ......f the judgment and order dated the 18th day of November, 2001 passed by the High Court Division in Writ Petition No.3614 of 2000 heard analogously with Writ Petition No. 3449 of 2000 making the Rules absolute. 2. Facts giving rise to this appeal are as follows:— Respondent No.1 as writ-p..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....…………………Petitioner Vs. Government of Bangladesh and others…………………………………….Respondents Judgment December 12, 2011. Result: The Rule is disposed of with observations and direction. Cases Referred to- Usha Chemical In......ld have been given an opportunity to have the appeal heard on merit by the tribunal. On consideration of this vital aspects, we are of the view that this Rule merits substance which should be made absolute." 12. Thereafter by making the Rule absolute in above mentioned case this Divisi..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
.... State and another…………………………………Opposite-parties Judgment December 12, 2011. Result: The Rule is discharged. Cases Referred to- 28 DLR (AD) 18; 31 DLR (AD) 69; Ali Akkas Vs. Enaye......eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
....inal petition for leave to appeal is directed against the judgment and order dated 28-2-2010 passed by a Division Bench of the High Court Division in Criminal Revision No.1182 of 2009 discharging the Rule and affirming the judgment and order dated 28-6-2009 passed the learned Additional Sessions Jud...... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3