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ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....‡ টি এফ ডি/রপ্তানী/গার্মেন্টস/১০ŕ§ŕ§®dated 22-9-2010 (Annexure-E to the Writ Petition) and thus unlawful and is of no legal effect. 3. Material facts necessary for disposal of the case are as follows:- The petitioner, ABC Attire Limited (......ourt High Court Division (Special Original Jurisdiction) Present: Zinat Ara J JBM Hassan J ABC Attire Ltd………………….......Petitioner Vs. Bangladesh and others……………...Respondents Judgment April 4, 2012. Result: The rule...... 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)
....cuÂtion case has been consistently proved by the proseÂcution witnesses. He finally submits that the deciÂsions cited by the learned advocate for the appellant is liable to be distinguished in the facts and circumÂstances of this case. Accordingly, he maintains that the impugned Judgment suffers...... Vs. Monu Miah, 54 DLR (AD) 60. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the appelÂlant. AKM Zahirul Huq, Deputy Attorney-General with Mr. Bibhuti Bhuson Biswas, and Mozammel Haque (Rana), Assistant Attorney-General - For the State. Criminal Appeal No......, under section 11(Ga) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended 2003), in absentia. The prosecuÂtion examined as many as 8(eight) witnesses. 6. After closing of the prosecution evidence, the convict-appellant was examined under section 342 of the Code of Criminal Procedure, wh..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)
....uire any right, title and interest in the C.S. plot No. 167 vide the registered saff-kabala deed No. 2884 dated 18.1.1914. The learned Joint District Judge arrived at this finding on misconception of facts and circumstances of the case and took an erroneous decision that: “যেহেত...... J M/S. Talukder Chemicals Limited, represented by its Managing Director, Mozzamel Haque Talukder alias H.M. Talukder…..........Plaintiff-appellants Vs. Government of Bangladesh and others…………............Defendant-respondents Judgment April......on in the suit land or not and to the effect that whether the suit schedule land is government khas land or not. 9. In the suit the plaintiffs examined 5 (five) witnesses and adduced documentary evidence in support of their case while defendants examined 1(one) witness and adduced documentary e..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
.... Rule 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: ....... This Case is also Reported in: ......(c) as quoted above, a question still remains to be seen, whether there are ingredients of offence under section 415 of the Penal Code. The trial Court is fully competent to determine it after taking evidence. So, it cannot be said outright that the complaint does not disclose any criminal offence. ..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... 2002 arising out of Jamalpur PS Case No.3 dated 1-6-2001 corresponding to GR No.507 (2)2001 under sections 302/201/34 of the Penal Code, pending in the Court of Sessions Judge, Jamalpur. 3. The facts of the case, in brief, are that one Md. Ashraf Hossain, brother-in-law of the victim's fat...... ...... 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)
.... fatherhood of the child by DNA test. Whether the pregnancy was an outcome of consented sexual intercourse between the parties, or rape committed on the victim-complainant, these are all questions of facts to be determined in due course of trial. Moreover, charge has not yet been framed in the insta......urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Soumendra Sarker J Md. Ruhul Quddus J Md. Mostafa………………………Petitioner Vs. Bedena Khatun and another………………………Opposite Parties Judgment April 1, 2012. Result: ......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 CommiÂssion Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....be detected against the accused persons. Money Laundering is deemed as a financially based crime. It has potentially devastating economic security and social consequences. 15. From the facts and circumstances discussed herein above it is clear that the learned Metropolitan Sessio...... Judgment Md. Reazul Haque J.- On an application under section 561A of the Code of Criminal Procedure, Rule was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 14-6-2011 passed by the Metropolitan Sessions Judge, Dhaka in Metro Criminal Revisio...... recorded the statement of the witnesses under section 161 of the Code of Criminal Procedure, collected the materials on record and after investigation having found prima-facie case submitted memo of evidence before the Commission. After obtaining sanction as per section 32 of the Durniti Daman Comm..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
....r the unreported decision of this Division in Civil Petition Nos.63-67 of 1999 disposed of with other petitions 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 ......
Rokonuddin Mahmud, Senior Advocate with Mahbub Ali, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record—For Respondents.
Civil Appeal No.59 of 2011.
(From the judgment and order dated 23-11-2009 passed by the High Court Division in Writ Petition No.7625 of 2009).
......ot;the nomination of the writ petitioners is still valid against some posts designation against their names".
7. These observations were made in the facts of the given cases and documentary evidence produced in the High Court Division. In respect of alleged left out Ex-Mujib Nagar Employee..
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)
....led its earlier judgment and order dated 19-8-2002 and restored the Rule to its original file and number. On 21-4-2003, the High Court Division discharged the Rule holding that concurrent findings of facts of the Courts below should not be disturbed in revision. 8. Against the Judgment and orde...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Mokbul Hossain Mridha and others........................Appellants Vs. Md. Shamsul Haq Sarder and others..............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)
.... it is an abuse of the process of the Court In the eye of law the impugned judgment and order is legal one and do not suffer from any illegality or infirmity. But having considered the attending facts and circumstances of the case and the nature of allegation made in the petition of complaint i...... ......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)
....1. We have considered the submissions of the learned advocates of both the sides and gone through the judgments of all the three courts below and also the evidence on record. 12. Considering the facts, circumstances and evidence on record we find that the submissions made by the learned Counsel......hamsul Huda J Chittagong Zilla Parishad representÂed by its Chief Executive Officer, Chittagong Zilla Parishad, Chittagong...................................Petitioner Vs. Nurul Haque and others................................Respondents Order March 19, 2012. Result: ......such the plaintiff could not acquire any right, title and possession in the suit land by virtue of his so-called purchase from the heirs of Nabid Ali. 5. The trial court, on consideration of the evidence-both oral and documentary adduced by both the contesting parties disÂmissed the suit by hi..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
....oint District Judge, 5th Court, Dhaka in Title Suit No. 162 of 2009, rejecting the plaint under Order 7 Rule 11 of the Code of Civil Procedure filed by the defendant-respondents.
2. The material facts in short are that, the appellant as plaintiff filed Title Suit No. 162 of 2009 before the Cour......zzaman Khan………………………….....Plaintiff-Appellant
Vs.
Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other …................Defendant-Respondents
Judgment
March 19, 2012.
Resu......nt District Judge, 5th Court, Dhaka praying for 7 reliefs, these reliefs are not simple one in nature for adjudication in summary manner and need be adjudicated after taking both oral and documentary evidence and should not be decided in this summary proceeding under section 43 of the Companies Act...
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
....or ends of justice, the High Court Division remanded the suits to the trial Court for fresh decision. 7. We have perused the judgments and other materials on record and on considerÂation of the facts and circumstances of the matter, we find merit in the submission of Mr. Mahbubey Alam. Leave i......sent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Md. Nurul Islam Khan and others...................Petitioner (In both the cases) Vs. Azizul Islam and others......... Khan(P.W.2), A.T.M. Matin (P.W.3) and other witnesses; that the authenticated copy of the register of Power of Attorney, exhibit-M. is related to the lands of Tangail; that there is no corroborating evidence that the original power of attorney was destroyed by fire; that Zakir Hossain was not appoi..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....lant and his co-sharers cannot be said to be unlawful and consequently the provisions of The Enemy Property (Lands and Buildings) Administration and Disposal Order, 1966 are not attracted to the facts of the instant case. The Custodian of Enemy Property representing the share of the enemy owner......) (2013) 124. ......ion of land however imperfect his title may be, has a good title against the whole world except the true owner and until the true owner comes in Court to assert a claim to the property. Possession is evidence of title, and gives a good title as against wrongdoer. The High Court Division, in the..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Commissioner of Customs and another Vs. Equity Construction Pvt. Ltd., 2012, 41 CLC (AD)
....aw involved in this petition along with the appeals. Mr. Abdul Basel Majumder, learned counsel for the writ petitioner, however, supports the judgments of the High Court Division and submits that the facts of earlier cases are distinguishable from facts of this case. 5. On consideration of the ......Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The Commissioner of Customs, Customs House (Import), Chittagong and another.................................................Petitioners Vs. Equity Constru......extended till disposal of the appeal. Let this appeal be heard along with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ..Category: Fiscal/Taxation Law | Date: 15 Mar, 2012 | Hits: 87
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
....ower to quash any proceeding Judgment or decision of any Court/Tribunal subordinate to it. But this power must be exercised very sparingly cautiously and only in exceptional cases keeping in view the facts and circumstances of each and every extra ordinary power has to be pressed in aid when there i......……………Opposite Parties Judgment March 15, 2012. Result: The Rule is made absolute. Inherent power of the High Court Division Both section 151 of the Code of Civil Procedure and section 561A of the Code of Criminal Procedure possess the same formula describing the inherent ...... extraordinary reason for doing so. Criminal proÂceedings can be quashed if there is something on the record to show that the accusations in the complaint do not disclose an offence, at all, or that evidence adduced in the case discloses no offence as in that event, the process of the Court can be ..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 ......ation…………...........Respondents Judgment March 14, 2012 Result: Rule is disposed of. Cases Referred to- Kamaluddin Vs.Secretary, Ministry of Land, Bangladesh 56 DLR (AD) 212; Omar Sadat Vs. Bangladesh 6 BLC 289. Lawyers Involved: An......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 ..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
.... and the BVA, the added respondents No.8 and 9, who have opposed the Rule by filing separate sets of affidavits-in-opposition. In the affidavit-in-opposition filed by the UGC it is contended that the facts stated in the writ petition are not correct and the petitioners have no locus-standi to file t...... in: 18 BLC (HCD) (2013) 166.
......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
....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.
......sain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Industrial Promotion and Development of Bangladesh Limited (IPDC) and another..................Petitioners
Vs.
......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)
....late Division in 14 BLC (AD) 109 wherein this unreported decision has been affirmed. We have considered the cited decisions and it appears that none of these decisions are applicable on the facts of the instant case as in these decisions lease deed was registered but in the case in hand le...... Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Noor Jahan Begum.........................Appellant Vs. Chairman, BSIC and others.................Respondents Judgment March 12, 2012. Result: The appe......tice issued in registered post with acknowledgement due to the proper address of the addressee then it is deemed to be presumed that notice has been served. Plaintiff did not bring on record any evidence that address of the notice is not the address of the plaintiff. 14. We have also seen ..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
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