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Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ......ction on 9-1-2011 on allowing the said application for temporary injunction restraining the Rule petitioner i.e. the 2nd party of the arbitration case from making any construction on the land in question as mentioned in the schedule of the application. 7. Against the aforesaid order dated ......D) 172. 16. The case referred to by Mr. Mahabubey Alam although related to matter in respect of Election Tribunal and Election Appellate Tribunal, which is not exactly in agreement with the facts of the case before us. Even than the principle that has been laid down in the aforesaid c..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ......nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ...... decision dated 19.05.2003 passed by the learned Judge, Administrative Tribunal, Chittagong in Administrative Tribunal Case No.51 of 2002 dismissing the case of the petitioner on contest. 3. The facts, leading to the filing of this petition, in a nutshell, are as follows: 4. On 25.06.1987,..Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
....ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97. ......passed by the Administrative Appellate Tribunal in "AAT. Misc. Case No.3/1999" relying on which the Administrative Appellate Tribunal passed the impugned order dismissing the miscellaneous case in question and thus, rejected the application for restoration of Administrative Appellate Tribunal (A......ellaneous Case No.01 of 2009 dismissing the same. 2. At the very outset, we cannot help ourselves but to say that the leave petition has been filed in a careless manner without giving minimum facts to have the background in filing the same. However, from the impugned order and the other mat..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)
....essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......cused persons. The accused persons were also examined under section 342 of the Code of Criminal Procedure and both of them pleaded not guilty. The tribunal, on consideration of the evidence and other facts and circumstances, found the present accused-respondent guilty under section 9(1) of the N..Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ...... Jurisdiction of the Criminal Bench of the High Court Division in deciding Constitutional matters The Court cannot fold its hand in despair and declare 'judicial hands off'. So long as the question arises whether an authority under the Constitution has acted with the limit of its power or...... learned Deputy Attorney-General frankly expressed their inability in presenting the relevant file as the concerned Ministry failed to supply the file to the office of the Attorney-General. In such facts and circumstances we directed the Secretary, Ministry of Home Affairs to produce the file an..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......icant. 2. The above-mentioned petitions arising out of the same impugned judgment and order having been heard together are now being disposed of by this common judgment as they do involve common questions of laws and facts. 3. Briefly stated, the facts giving rise to Civil Petition for Lea......ve-mentioned petitions arising out of the same impugned judgment and order having been heard together are now being disposed of by this common judgment as they do involve common questions of laws and facts. 3. Briefly stated, the facts giving rise to Civil Petition for Leave to Appeal No.429 of..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....ully supported by the papers and materials brought on record by the petitioners." But the Rules were made absolute in 6 (six) writ petitions giving rise to these appeals, although the facts were identical. It is also necessary to keep on record that the High Court Division itself found that '...... in each case under section 56(1) of the Act and section 25B of the Special Powers Act, which are now pending before the Special Tribunal for trial. The concerned writ petition involved disputed questions of fact which could not be resolved in summary proceedings under article 102 of the Const......t and order dated 21-5-2003 passed by the High Court Division in Writ Petition Nos.6411, 6410 of 2001 and Writ Petition Nos.2051, 2052, 2054, 2053 of 2003 making the Rules absolute. 2. Though facts are different, the point of law involved in these six appeals being similar and same, they ha..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)
.... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ...... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ......on for leave to appeal has been directed against the judgment and order dated 06.12.2009 passed by the High Court Division in Civil Revision No.985 of 1981 making the rule absolute. 2. The short facts necessary for disposal of the leave petition are as follows:- 3. The present petitioners,..Category: Property Law | Date: 16 Apr, 2012 | Hits: 72
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......Both the Civil Petitions for leave to Appeal arising out of the same impugned judgment and order having been heard together are now being disposed of by this common judgment as they do involve common question of law and fact. 2. The civil petitions for leave to appeal are directed against the ......order dated 02.11.2002 passed by the learned Joint District Judge, First Court, Dinajpur in Partition Suit No.250 of 1982 appointing receiver in respect of the suit land. 3. Briefly stated, the facts giving rise to the present petitions for leave to appeal are as follows: The plaintiffs ..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......ivil Revision No.1303 of 2003) and as such both the civil petitions for leave to appeal have been heard analogously and are being disposed of by this single judgment and order. 2. The relevant facts necessary for disposal of these civil petitions for leave to appeal, in short, are as follow..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
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. ......evant para 10 and 11. Mr. Bhuiyan, submitted that the trial Court has misunderstood the provision of section 109 of the Transfer of Property Act. He prayed for setting-aside of the findings about the question of attornment. Mr. Bhuiyan, further referred to the case law of Selina Begum Vs. Azimu......ant opposite-party. 10. Mr. Abdul Wadud Bhuiyan, took me through the impugned judgment and decree passed by the SCC Judge. He read out the 106 notice and the evidence of P.W.2. After placing the facts of the parties as well as the evidence, on record. Mr. Bhuiyan, formulated the following point..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. ......an, learned counsel appearing for the petitioner though concede that the appeals have already been disposed of, press for disposal of these leave petitions on merit on the ground that unless the question of law involved in these petitions is settled by this Division, the Commission would face s......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)
..... 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. ......igh Court Division while disposing of the Rule with the directions as quoted hereinbefore was simply swayed by the fact that though the customs authorities were aware of the import of the goods in question under mis-declaration, they assessed the same and allowed the petitioner......private ICD, Chittagong and the said committee was approved by respondent No.1 on 21-4-2009, but the petitioner suppressed the total fact in the writ petition. The petitioner has not denied these facts by filing any affidavit-in-reply. From the above, it is clear that the customs authorities, ..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
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. ......d by and dissatisfied with the impugned judgment and order, the appellant filed Jail Petition No. 21 of 2004 from Sylhet central jail, Sylhet and this Division gave leave on 25-5-2006 to consider the question of sentence only on the submissions made by the learned Advocate for the appellant as under......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)
....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 ...... the Petitions are dismissed. Opportunity to educational institutions of being heard complying the demand of natural justice. Admittedly, all the three educational institutions in questions were included in the list of MPO by the authority concerned. Before excluding these e...... Judgment Nazmun Ara Sultana J. - All these three Civil Petitions for Leave to Appeal have been heard together and are being disposed of by this single judgment since common questions of law and facts are involved in all these 3 leave-petitions. 2. Civil Petition for Leave to Appeal No. 35..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. ......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. ......e to appeal is directed against the judgment and order dated 11.11.2007 passed by the High Court Division in Criminal Miscellaneous Case No.3280 of 2002 making the Rule absolute. 2. The relevant facts of the case, in brief, are that a petition of complaint was filed by the Securities and Exchan..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. ......tant Sessions Judge, Ramu, District Cox's Bazar allowed the application and added him as party in the suit contending inter alia that the submission of the plaintiff petitioners that when the deed in question was registered the added defendant was minor and he did not claim the property within 3 yea......earned Assistant Judge, Ramu, Cox's Bazar in Other Suit No.245 of 2008 allowing an application under Order 1 Rule 10(2) of the Code of Civil Procedure making the application as added party. 2. The facts, in short, for disposal of the Civil Petition for Leave to Appeal, in short, are that the resp..Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30
.... 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.
......tioners could file application before the Company Bench for direction for holding the 9th AGM to transact agenda No.4, but they did not do so and thereby they waived their right, if any, and as such, question of interference by this Division with the impugned order does not arise at all and the leav......d Company Judge in Company Matter No.181 of 2009 rejecting summarily an application filed by them under sections 81, 85(3) read with sections 91(1)(b) and 36 of the Companies Act, 1994.
2. Short facts necessary for disposal of this petition are as follows:
The petitioners filed an applicat..
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. ......d-For the Petitioners. None represented-For the Respondent. Criminal Petition for Leave to Appeal Nos. 361 And 366 of 2010. Judgment Md. Abdul Wahhab Miah J. - Identical facts and common question of law, being involved in these two petitions, they have been heard together and are dispos......Advocate-on-Record-For the Petitioners. None represented-For the Respondent. Criminal Petition for Leave to Appeal Nos. 361 And 366 of 2010. Judgment Md. Abdul Wahhab Miah J. - Identical facts and common question of law, being involved in these two petitions, they have been heard togeth..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... 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. ...... 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. ...... টি এফ ডি/রপ্তানী/গার্মেন্টস/১০৭৮dated 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 (..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
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