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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:......tence. 13. This case has been appearing in the cause list for several days with name of the Advocate for the petitioner. Today it is called for hearing, but no one for the petitioner appears. In view of its long pendency, we take it up for disposal and allow the Assistant Attorney General to ma..Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
....t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......urance by the judgment and order dated 23.11.1999. Against this judgment of the trial court the plaintiff filed Miscellaneous Case No.7 of 2000 under section 114 of the Civil Procedure Code seeking review of that judgment stating, inter alia, that in that suit the plaintiff claimed interest also as ..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
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. ......used the related papers filed in that connection. The question whether writ petition is maintainable against the private bank is a settled issue. The question is no longer a res integra. Holding this view a Division Bench in an unreported decision of Haji MA Razzaque Vs. Bangladesh Bank and another ..Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7
Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ...... conferred on a trial Court. The powers of the High Court Division sitting on appeal under section 107 are the same as that of the trial Court. This power has been given to the appellate Court with a view to minimize the harassment of the parties to the litigation and also to reduce the docket. It..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
....d in payment of outstanding bill of the telephone and as such, the impugned judgment and order should be set aside. The findings of the High Court Division regarding non-payment of telephone bill are erroneous and contrary to the evidence on record.
13. Mr. M. Amirul Islam, learned Senior Advocate ......est.
II. The election of the appellant, Md. Abul Kashem is declared to be void.
III. The Election Commission is directed to declare petitioner-respondent No.1 or other contesting candidates, who in view of the records secured the second highest votes in that election, as the returned candidate fro..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
......he writ petition is maintainable. The Rule is made absolute in part.
Tele Communication (Amendment) Act (XLI of 2010)
Sub-section (2) of section 39 provides that if the government is of the view that any condition of the license has to be amended, it may direct the BTRC to do such amendmen..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
....rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
......ed in business of manufacturing and marketing of fruit juice of international quality and launched the product for marketing in the year 2007 in PET bottles of 250 ml. 500 ml. and 1000 ml. and with a view to distinguishing the product of the petitioner from the rest of the others, the petitioner ado..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......ers have entered in to a compromise with such a shockingly meager amount of 12 (twelve) lakhs as against a vast property left behind by her late husband Badsha Miah which is worth crores, with a view to ascertain the genuineness of the compromise, therefore, we found it proper to put some ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
....can be treated as a public interest litigation, and the
necessity of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:...... hereby challenges the failure of the respondents to protect the
area. It also seeks to bring this application within the ambit of Article 102
of Constitution as a public interest litigation with a view to ensure necessary
steps to stop erection of shops in the place marked as car park.
4. ..
Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15
Abdur Razzak Vs. State, 2012, 41 CLC (HCD)
....dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ............" An opinion on the basis of presumption and a finding in a judicial proceeding are two distinct concepts. A finding about commission of offence must be based on evidence. 14. In view of the above, we hold that the matter should be sent back for rehearing of the charge matt..Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......rt's volition if the appeal is not pressed on merit. Learned counsel has presumed that if an appeal against conviction and sentence is riot pressed on merit, the Courts are usually taking lenient view on the question of sentence and awarding a minimum sentence in the similar manner in respect of..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
.... petition for leave to appeal. 64. Mr. Abdul Wadud Bhuiyan, learned Counsel, appearing for the appellant, has submitted that the learned Judge of the Single Bench of the High Court Division erroneously interpreted the provisions of section 56 of the Waqf Ordinance, shortly, the Ordinance a......gure 'exceeding 5 years' are wide enough to infer to any period. There is no scope to read the word 'exceeding' in a narrower sense like 'otherwise than in perpetuity' in view of the fact that if we read the words 'by way of sale' with the words and figure 'b..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)
....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: ......d as Criminal Appeal No.42 of 1989. Subsequently it was renumbered with its present number, possibly on transfer from Comilla Bench, though the reason of such renumbering is not recorded. However, in view of its long pendency for more than twenty-two years, we take it up for disposal even in absence..Category: Women and Children | Date: 29 Jan, 2012 | Hits: 169
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....cuments submitted therewith. Mr. Islam contended that the learned judge failed to give reasons for the refusal which is a mandatory requirement of law under section 265C and on a misconception of law erroneously framed charge against the accused petitioner without taking into consideration the facts......neral. It must be borne in mind that High Court's extraordinary power under its inherent jurisdiction is a residuary power which cannot be called in aid where alternative remedy is available. Our view lends support from the case of Abdul Quadir Vs. State 28 DLR (AD) 38. The same view is also tak..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
Mosharref Hossain Vs. Governor, Bangladesh Bank and others, 2012, 41 CLC (AD)
....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. .............(6) Lawyers Involved: Abdur Rub Chowdhury, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record—For the Petitioner. For the Respondents—Not represented. Civil Review Petition No.126 of 2009. (From the judgment and order dated 25th May, 2009 passed by the Ap..Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... 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. ....... The appellant after realizing that the respondent will not make further payment which the appellant is legally entitled to, agreed to settle the dispute through arbitration. The appellant with that view in mind, to resolve the dispute through negotiation and to arrive at a mutually acceptable solu..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
.... 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. ......assed by the Member, Bhumi Appeal Board and the judgment and order dated 24-11-2002 passed by the Member, Bhumi Appeal Board in Case No.2-20/2001-VP Appeal (Chapai Nawabgonj) and Case No.2-168/2002 Review (Chapai Nawabgonj) respectively allowing the appeal and rejecting the review application and re..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....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. ......মার জানা নাই। মিউটেশন হয় নাই”।And these evidence of D.W.2 show that the learned joint District Judge and the High Court Division took the correct view as to objection of the defect of party in framing the suit. 20. In view of the above, the ..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....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 ......ur Appellate Division in the cases of Abdul Monem Chowdhury @ Monem Vs. State, reported in 47 DLR (AD) 96 and Mona alias Zillur Rahman Vs. State reported in 23 BLD (AD) 187 has not approved the above view of the High Court Division. 11. In the case of Abdul Monem Chowdhury alias Monem Vs. State..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)
....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. ......C through LCA No.BAF 00344 dated 7-8-2006 issued by Ericsson AB Stockholm, Sweden, which were shipped on 22-9-2006 though Emirates Airlines vide an airway bill under HS Code No.8471.80.00. 3. In view of section 25B of the Customs Act, 1969 ("Act") it is mandatory to inspect the said g..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
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