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Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......bsp; 4. Learned counsel did not press this appeal in respect of convict Fayzul Haque alias Fazal and Babul on the ground that Fayzul Huq died in the meantime but he did not say anything in respect of Babul. He confined his submission on the qu......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....e with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......tor of Waqfs, proviso to the section has given a further rider that even the sanction by the Administrator shall not validate any transfer which is in contravention of any other law for the time being in force or is otherwise invalidate............. (77) No bar in according sanction b......nt violated the terms of the lease deed, and that the lease was not acted upon. Defendant also instituted Title Suit No.38 of 1992 seeking declaration of title in respect of 1st schedule land and for recovery of khas possession in respect of 2nd schedule land measuring an area of 0.04 (0.03) ac......bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)
....3 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... are contradictory and do not corroborate each other and that all other witnesses are hearsay, upon which it could not be proved beyond all reasonable doubt that the respondent got married for second time without permission of his existing first wife. 6. The evidence on record transpires that P.W......ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 29 Jan, 2012 | Hits: 169
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....resent: Siddiqur Rahman Miah J AKM Shahidul Huq J Dr. Khalekuzzaman………………………….......Petitioner Vs. The State and another…………………………Oppos......inal Procedure and as such no interference is called for by this court at this stage. 20. In the result, the Rule is discharged without any order as to costs. The order of stay as granted at the time of issuance of the Rule is hereby vacated. The learned Trial Court is directed to try out Sessi......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
Mosharref Hossain Vs. Governor, Bangladesh Bank and others, 2012, 41 CLC (AD)
....the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ......ler operating his business as a currency money changer under license issued by the Bangladesh Bank. The terms and conditions of the license stipulated that he would follow the directions given from time to time by way of circulars issued by Bangladesh Bank. The petitioner was issued with the licen......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ..Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....fresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......cise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section 17 of the Arbitration Act empowers the Court to pronounce judgment after the time for making an application to set aside the award has expired or such application having been ma...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
....ove discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ......nd the rest of the land of CS Plot No. 509 was recorded in the name of other transferee Saiful Islam. That Jitendra Nath Saha was living in the then East Pakistan and thereafter in Bangladesh all the time and possessed his 0.6368 acre of land of the suit plot along with other lands. That since some ...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....t dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......lty even if there was delay in signing the agreement. However, the plaintiff continued to give tagid to defendant Nos.1 and 2 for the signature of defendant No.3 on the tripartite agreement and every time defendant No.2 repeated that the owner of the suit land was outside the country and the moment ......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....urt Division (Criminal Revisional Jurisdiction) Present: M Enayetur Rahim J Sheikh Md. Zakir Hossain J Saiful Islam Jitu (Md.) ...................Petitioner Vs. State.............................Opposite-Party Judgment January 18, 2012. Result: ......e accused-petitioner moved an application before the learned Sessions Judge, Dhaka, to transfer the case to the Juvenile Court stating that the age of the accused-petitioner was below 16 years at the time of the alleged occurrence. The said application was registered as criminal Miscellaneous C...... apprehended with a pistol and 6 cartridges from the crossing point of Road No.14, and Shere Bangla Road of Dhanmondi area by the police personnel who were on petrol duty in that area; with regard to recovery of such pistol and cartridges Dhanmondi Police Station Case No. 21(2) 93 under section 19A ......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
.... at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ......al an opportunity of being heard, pass such orders thereon as it thinks fit, confirming modifying or annulling the decision or order appealed against. (2) The Appellate Tribunal may, at any time within four years from the date of the order, with a view to rectifying any mistake apparent fr......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....stan, 13 DLR (sc) 233; Swadeshi Cotton Mills Vs. India, AIR 1981 sc 818; Fazai Bhai Vs. Custodian General, AIR 1961 SC 1397. Lawyers Involved: A.M. Amin Uddin with Munshi Moniruzzaman, Advocates - For the petitioner. Forukh Rahman, Advocate - For the respondent No 1. Writ Petitio......oreign Exchange Policy Division, Bangladesh Bank at the signature of the respondent No.4 should not be declared to have been made and issued without lawful authority and is of no legal effect. At the time of issuing Rule the parties were directed to maintain status quo in respect of possession till ......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
.... the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ......nceived one. Learned Advocates further submits that auction purchaser after purchase of the property, was inducted into possession and since then auction purchaser possesses the suit land and by this time auction purchaser improved the property by taking several development work the decree having be......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....e of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ......the respondent Second Party Developer Company, wherein the learned District Judge appointed two Arbitrators one for each, which was accepted by both the parties. In that arbitration proceeding at the time of appointing the Arbitrators and thereafter before conclusion of evidence neither of the parti......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 ......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
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
....rwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ...... and rescued her son Shanto from custody of his (Ikhtiar’s) wife Anesa Begum. 3. Immediately they confined the said Anesa Begum, produced her to the police station and lodged the ejahar. At the time of rescuing her son, the informant was accompanied by Jahanara Begum, Jhantu and some others. ......ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
....on under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......and since the Article 1 of Section 4 of the management agreement provides that the petitioner shall keep the title in the land un effected during the validity of the management agreement through long time lease yet although the petitioner obtained land from the Bangladesh Railway but the same was ca...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)
....ent of Bangladesh others………………………Respondents Judgment January 10, 2012. Result: The Rule is disposed of. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Petitioner. No one appears - For Respondents. Writ Petition No.8442 of 2011.......from the CRF Value with a malafide intention. Against which the petitioner brought the Writ Petition. 4. Mr. Md. Khurshid Alam Khan, the learned Advocate for the petitioner submits that at the time of issuance of the Rule this Division passed ad-interim order against which the respondent went......tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ......tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ..Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....ourt Division (Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J Mohammad Ali…………………………….Accused-Petitioner Vs. State and another………………………………….Opposite-Parties Judgment January 10, 2......gs we are of the opinion that there is no merit in these Rules and accordingly all these rules are to be discharged. In the result, the Rules are discharged. 19. The order of stay passed at the time of issuance of the Rule is hereby vacated. Let a copy of the Judgment and Order be annexed w......ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....ge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ......referred to as the “Purchaser”) for an agreed consideration of Tk.42, 50,000/- (Taka forty-two lacs fifty thousand). The initial down payment of Tk. 20,00,000/- (Taka twenty lacs) was paid at the time of execution of the deed of agreement for sale. The relevant clauses of the Agreement for ...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ......o receive a portion of the gain made as a result of the sale of the property, and also to receive the due stamp duty and other due taxes on account of the transfer and registration. If the deal is at arms length, and is not otherwise illegal, then shifting the burden of the tax and other duties by m..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......, but the evidence of these witnesses have proved it sufficiently that the contesting defendant Nos.2, 3 and 5 along with their other co-sharerers have been possessing the suit land for a pretty long time and before them their predecessor used to possess this land. The trial court, on meticulous exa......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....his Case is also Reported in: ......s Republic of Bangladesh promulgated an Ordinance under the title, “The Supreme Court Judges (Remuneration and Privileges) Ordinance, 1978. Provisions figured therein, witnessed amendment from time to time, in order to increase the Remuneration and Privileges of the Hon’ble Judges of the S...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12