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Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....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......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)
....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. ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....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: ..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....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. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....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 ..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
.... 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: ..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
....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: ..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)
....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. ..Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....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. ..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....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. ..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
...., 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. ..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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: ..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)
.... the Court, the petitioner could not make out any ground why the judgment should be reviewed. The learned Judges further observed that the review application was a frivolous one and invaluable public time of the Court was wasted in disposing of such application. 6. The review application has be......ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ..Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....t: (1) On 30-4-1989, the FIR was lodged and the P.S. Case No.4(7) was registered. (2) On 26-10-1989, an order was passed by the learned Magistrate in GR Case No.17 of 1898 extending 30 days time for conclusion of investigation with reference to District Anti-Corruption office letter dated ......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Somed Ali Vs. State, 2011, 40 CLC (AD)
.... his son-in-law Somed Ali, the condemned-petitioner (hereinafter referred to as the petitioner). Anguri Khatun was married to the petitioner 1(one) year before from the date of occurrence. At the time of marriage 2 tolas gold were given to his daughter and cash of taka 8,000.00 was given to the ......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
....amed charge against the convict-appellant under sections 409/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. Since the convict-appellant was not present at the time of framing charge, the same could not be read over to him and the Court proceeded in his absenc...... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
....red as Title Suit No.143 of 1998. The suit was ultimately decreed ex-parte vide judgment and decree dated 25.11.1998. Since the judgment debtor failed to pay the decretal amount within the prescribed time the decree holder bank put that decree into execution in Title Execution Case No.99 of 2000. In......record." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
....rned Court should be circumspect and judicious and in exercising such discretion the Court should take all relevant facts and circumstances into consideration before issuing process; at the same time; this inherent power under section 561A of the Code of Criminal Procedure can not be considered......ver, mens rea or criminal intention of the accused can only be determined with the help of evidence adduced at the time of trial since it is mental act of the accused petitioners which cannot be scaled at this stage. Mr. Khan has also submitted that each and every criminal act must be clothed w..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
.... post of Deputy Project Director in the scale of Tk.475-35-685-EB-40-1005-45-1275 and was posted at Khulna District Office of the Integrated Rural Development Program (IRDP) on 10.11.1978. In the meantime with the promulgation of Bangladesh Rural Development Board Ordinance, 1982 the IRDP was abolis......he case, as stated in the writ petition, in short, was that the writ petitioner was appointed as Thana Project Officer (Class-1 officer) under Integrated Rural Development Programme (IRDP) in the pay scale of Tk.375-25-550-40-750-EB-50-1-50 on 05.02.1973 on successful completion of training at ..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....the disinvested Jute Mills. After joining the said disinvested Jute Mills, the petitioner made representations to BJMC as well as to the Minister-in-Charge of the Ministry of Jute and at one point of time, he made representation to the Chief Martial Law Administrator (CMLA). The petitioner again mad......ous and discriminatory. The petitioner being a permanent officer of BJMC and being a public servant within the meaning of the Public Servants (Retirement) Act, 1974 was entitled to uniform grades and scales and uniform terms and conditions of the services under the provisions of the Services (Re-o..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
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