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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. ......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. ......s hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162. ...... writ petition should be discharged outright. 6. We have heard the learned counsel for both sides and considered their submissions. Perused the related papers filed in that connection. The question whether writ petition is maintainable against the private bank is a settled issue. The ques..Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7
Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)
....hus have been compelled to file this writ petition. 5. The respondent Nos.4 to 6 contested the rule by filing affidavit-in-opposition. Their case, in short, was that the writ petitioners were in possession of the land in question by virtue of temporary lease only and that according to the terms......Petitioners Vs. Mozammel Haque and others............Respondents Judgment February 23, 2012. Result: This petition is disposed. Since the writ petitioners are the lessees of the land in question on yearly basis, they cannot be evicted at any time. Though they could not and did ...... is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......ers Vs. Mozammel Haque and others............Respondents Judgment February 23, 2012. Result: This petition is disposed. Since the writ petitioners are the lessees of the land in question on yearly basis, they cannot be evicted at any time. Though they could not and did not acqu..Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
....e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
......e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
......cted to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
......s annexed at page 15 of the
affidavit in opposition under which this money is realized. However he admitted
that there is no legislative authority to back up this realization.
For us, the only question is whether realisation of
so-called user fees at the public hospitals are within lawful au..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
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. ......predecessor of the respondent Nos.1-13 for Specific Performance of Contract. It's case is that Hazi Abdul Wazed, (the defendant) entered into an agreement on 26th January, 1997 for sale of the suit land at a consideration of Tk. 70,00,000/- and received Tk. 7,00,000/- as advance. It was stipulated......is petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ...... expert's opinion. If it requires an expert's opinion for ends of justice, the High Court Division may obtain such opinion for the purpose of effectually and completely adjudicate upon and settle all questions involved in the suit. It can send the disputed signatures appearing in the deed of agreeme..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ......llip;. Respondent Judgment February 14, 2012 Result: The appeal is dismissed. The Court of Law— Case Referred to- 37 DLR (AD) 1;Bipradas pal Chowdhury Vs. Kamaini Kumar Lahiri, AIR 1922 PC 48 and Lala Hakim Rai Vs. Lala Ganga Ram, AIR 1942 PC 61 Lawyers ......ivy Council in the case of Bipradas pal Chowdhury Vs. Kamaini Kumar Lahiri, AIR 1922 PC 48 and Lala Hakim Rai Vs. Lala Ganga Ram, AIR 1942 PC 61" The Court further held: "The next question comes as to whether the Court will grant any interest on this amount for the period beginni..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
....gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......s also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......, falls within the purview of the definition given in section (GA Ga) for the purpose of deciding his status for the loan taken by his company.
20. Now it is to be seen whether the loan liability in question attracts the expression “বাংলাদেশ ব্যাংক কর্তৃক ..
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.
......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.
......VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
.........(39)
Constitution of Bangladesh, 1972
Article 102
Maintainability of writ
The agreement between the parties having already merged licences issued by the BTRC, the agreement in question has become a sovereign contract and, as such, writ is maintainable..........(44)
Cases..
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.
......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.
......I", 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.
......nquilab and Daily Ittefaq. The proprietor of Trade mark No.31112 in Class-32 also advertised the product through the various Indian TV Channels which are seen in Bangladesh everyday and therefore, no question of non-use of Trade mark arises at all.
18. The learned Advocate Mr. A.B.M Shamsud Doula..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....cribed in Schedule Ka, Kha, Ga and Gha of the plaint which includes land, building shop etc the property left behind by said Badsha Miah described in schedule Ka, Ga and Gha of the plaint has been in possession of the defendant Nos. 1-4; defendant No. 5 Rezia Begum along with her minor children i.e.......Miah died on 24-4-91 leaving behind the plaintiffs and the defendants as his legal heirs' he has also left behind properties described in Schedule Ka, Kha, Ga and Gha of the plaint which includes land, building shop etc the property left behind by said Badsha Miah described in schedule Ka, Ga an...... Reported in: 65 DLR (HCD) (2013) 59. ......s 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 questions to Rezia Begum since her two daughters were not present before this Court. The lady having..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
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. ......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......t for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......e Conviction There is no scope on the part of the High Court Division to alter the conviction of the appellant The High Court Division is expected to be careful while exercising its power on the question of conversion of the conviction of any accused. Since the state has taken no exception agai..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
.... (the defendant) on the ground that his father though executed the lease deed in respect of the suit land measuring an area of 0.92 acre, he did not pay the salami and rent and also did not take over possession of the suit land and thus, the defendant violated the terms of the lease deed, and that t......1965 executed by his father Ahidulla as mutawalli of the waqf eatate in favour of respondent Nos. 1 (the defendant) on the ground that his father though executed the lease deed in respect of the suit land measuring an area of 0.92 acre, he did not pay the salami and rent and also did not take over p......her Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......prepared by my learned brother Md. Abdul Wahhab Miah J. While agreeing with the conclusion arrived at by my learned brother that the appeal and the connected petition be dismissed, as some vital questions of law are involved in these matters, it is desirable that I should add something of my ow..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: ......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: ...... 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: ......e without permission of his existing first wife. 6. The evidence on record transpires that P.W.6 is an eye-witness, who was allegedly present at the time of solemnization of the second marriage in question. In his evidence he stated that amongst others Moulana Mohammad Shafi was also present at t..Category: Women and Children | Date: 29 Jan, 2012 | Hits: 169
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....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. ......municate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ...... on the other hand submits that when exercising this Jurisdiction under section 561A of the Code of Criminal Procedure the High Court Division would not embark upon an enquiry whether the evidence in question is reliable or not. This is the function of the trial court and it might so happen that qua..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
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. ......s at the rate of fees of RTPI, at Taka 2,000 per acre. The appellant faced financial crisis and under compulsion entered into an agreement on 14-2-1995 for conducting survey and preparation of detail land use plans of Uttara East area of Gulshan Thana and the rate of consultancy was settled at Taka ......and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......ntment there it will be assumed to be one for reference to a single arbitrator pursuant to the provisions of Article 1 of the First Schedule of the Arbitration Act, 1940. The pertinent question to raise in such circumstances is how a sole arbitrator be appointed under the provisi..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
....g that Jitendra Nath Saha was a citizen of Bangladesh and declaring his title in all the scheduled properties excepting the land of plot No. 509 on the ground that the suit land of plot No.509 was in possession of Nawabgonj College and also declared that the suit land was not enemy or vested propert......judgment and order dated 4-9-1999 passed by the Additional Divisional Commissioner, Rajshahi Division in connection with VP Case No.1140 of 1977 and VP Lease Case No.1 of 1086, releasing 0.84 acre of land out of 3.44 acres of land appertaining to SA Khatian No.321, Plot No.509 of mouza Jotpratap, Po......ve petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ......eal Board Rules, 1990 there is no provision for any second review after disposal of the first review application under Rule 5 of the said Rules of 1990 and also holding that the property in question cannot be treated as vested property. 6. Being aggrieved by the judgment and orde..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....ui. In the meantime, defendant No.3 started creating various problems with the defendants on some illogical issues and at his instigation Abdullahil Rakib and defendant No.9 took attempt to take over possession of the flats illegally in respect of which agreements were entered into with them witho......', she also found it not suitable for her. Then defendant No.2 again proposed to sell flat No.4-B of the project 'Heritage' at plot No.18, Road No.3, Banani, DOHS (hereinafter referred to as the suit land) at a consideration of taka 35,00,000. The plaintiff made further payment of taka 8, 00,000 in ......on is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......to an agreement with the other people including defendant No.9, executed a power of attorney giving authority to them to undertake the remaining construction work of the apartment of the project in question and also swore an affidavit to the said effect. 15. The learned Joint District Judge c..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 ......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 ......is Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......nd admittedly on that date charge was not framed against the accused-petitioner by any Court particularly the Special Tribunal constituted under the Special Powers Act, 1974 where the offence in question is to be tried. After issuance of the Rule by this time more than 18 years have already bee..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. ......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. ......foresaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ......on. This court finds that an Order (judgment) dismissing an appeal summarily in keeping with the provisions of section 367 must show that court dismissing it, as such applied its judicial mind to the question of fact and law. It has therefore, no power to dismiss such an appeal for default and must ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....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 disposal of the Rule. 2. The background leading to the Rule, in short, is that ......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: ...... hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......e respondents effectively took up the matter for coming to a decision and finally the respondents informed the petitioner that they cannot withdraw the decision taken by them. 14. Now, comes the question whether under the facts and circumstances of the present case the principle of Natural Just..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....ion 57 of Artha Rin Adalat Ain, 2003, as such, this application is totally misconceived 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 purchas...... is totally misconceived 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...... This Case is also Reported in: 18 BLC (HCD) (2013) 30. ......red to go deep into merit of these decisions but if the applicants/appellants so advised, they can take legal forum as per provision of law and can agitated their grievance in that forum. A question may be arise on limitation which is mixed question of law and fact and since this applicati..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
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