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....39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
......nt appeal has been preferred by the plaintiff appellant.
11. Mr. Md. Nur Hussain Chowdhury the learned counsel appearing on behalf of the appellant having taken us through the entire material on record including the impugned order submit that the plaintiff filed a Title Suit No. 162 of 2009 in ......39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
.... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ......the plaintiffs' suit was abated and for 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 consideration of the facts and circumstances of the matter, we find merit in the sub...... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
.... 110 of the Evidence Act provides for a presumption of ownership in favour of the person who is in possession of the property. A person in possession 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 ...... No. 548 was prepared in the name of Chandra Mohan, Jogendra Mohan and Brojo Mohan. The sons of Ram Dayal by registered deed No.9571 dated 23-10-1948 sold their share to Horihor Chandra. The heirs of recorded tenant of CS and SA Khatian were in possession and while they were in peaceful possession b......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Commissioner of Customs and another Vs. Equity Construction Pvt. Ltd., 2012, 41 CLC (AD)
.... 5. On consideration of the facts and circumstances of the matter, we find merit in this petition. Leave is, therefore, granted to consider on additional grounds as under: "I. Because, the goods in question imported by the petitioner showing for construction business under clause 24.10 of......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. ......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)
.... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ...... abuse of the process of the Court. It would also interfere whenever there is any exceptional and extraordinary reason for doing so. Criminal proceedings 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 evi...... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ..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 ......ew Market Complex Structure should not be declared to be unlawful". 11. The fact remains that after issuance of the Rule on 14-2-2010 the petitioner's Association did, in fact, bring on record an allotment letter dated 19-1-2010 (Annexure-G) issued by the concern authority of Dhak......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
....rty, whose role seems to be questionable in the issue that is being dealt with by the authority, the decision loses its efficacy being vitiated by the blame of biasness.
20. Thus, we find a good deal of forces in the submission made by the learned advocate for the petitioner and, according......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.
......animals. He refers to a Gazette notification by which the PSC Rules, 1982, has been amended, (Annexure-E to the affidavit-in-reply filed by the petitioners) and submits that the entry points in cadre service for both the groups of graduates are different. Mr. Badruddoza submits that the UGC ought no..
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.
...... this Division on the same questions of law, leave should be granted to examine the points raised in the petition.
5. We have heard the learned counsel of both sides and perused the materials on record. Admittedly Civil Appeal Nos.447 of 2007 and 307 of 2008 are pending to examine the questions......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.
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Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ......line there is also provision i.e. if there be any violation in respect of cancellation of plot then BSIC has authority to re-allot the plots after taking legal process by authority. 13. It is on record that plaintiff was informed the decision of Board meeting. It is the case of plaintiff that p...... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
....d disposal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside.
Ed.
This Case is also Reported in: 9 ADC (2012) 644.
...... the said land and has been paying rent regularly. The plaintiff has been possessing his purchased land by planting trees and growing crops thereon. Thus the plaintiff and his predecessors the C.S. recorded tenant have been possessing the suit land for more than 50 years. Thai the defendant No.1 b......d disposal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside.
Ed.
This Case is also Reported in: 9 ADC (2012) 644.
..
Category: Property Law | Date: 12 Mar, 2012 | Hits: 94
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
.... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....rticles 27, 29 and 31 of the Constitution. It is further alleged that due to the operation of the impugned decision of the Biman Authority many other dignitaries were subjected to humiliation on a good number of occasions and as such the petitioner thought it necessary to introduce a general sys......ject to availability of seats. No up-gradation should be allowed to Biman Officials/employees without giving priority of the dignitaries listed in the Warrant of Precedence. (vii) Appropriate records of all up-gradations shall be maintained centrally by the concerned officer designated by t......vocate for the petitioner that the discretion should not be given to the Biman authority to give benefit to their employees is not correct nor the same is in accordance with law. Because, all such service providers provide similar facilities to their employees in both international and domestic ..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ......ned decree on 16-10-2008. This case was filed on 20-10-2008. Since this case was filed within 30 (thirty) days from the date of knowledge of impugned decree, the case is not barred by limitation. The record and documents also so that the defendants petitioners were proforma defendants in the case an......e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ..Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ......rt of the investigation. After his transfer another Inspector named MA Kabir submitted charge-sheet dated 30-9-1992 against all the FIR named 17 accused persons under those sections. 5. The case record was eventually sent to the learned Divisional Special Judge, Dhaka who, by Order dated 8-4-19......nnot be absorbed in any post which carries same of scale of pay, he may be offered a post carrying lower scale of pay, and if he does not accept the offer he shall be deemed to have been retired from service. (2) A surplus public servant shall not be absorbed in any post unless he is nominated ..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)
....operty or properties as the directors of the company deem fit and necessary. To purchase, takeover or otherwise acquire and undertake, the whole or any part of or any interest in the business goodwill, property, contracts, agreements, right privileges, effects and liabilities of any other c...... 28.2.2012. There being no creditor of the company, as informed, none appears to be interested to object the proposed amendment. 5. We have heard the learned Advocate, perused the materials on record. 6. It appears that by a resolution dated 25.1.2012, adopted in extra ordinary general ...... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ..Category: Company Law | Date: 4 Mar, 2012 | Hits: 28
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......nducted part of the investigation and, after his transfer, an Inspector named MA Kabir concluded the investigation and submitted charge-sheet on 12-9-1992 under the aforesaid sections. 4. The case record was sent to the learned Divisional Special Judge, Dhaka, who by Order dated 15-4-1993 took co......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....er assessing the whole evidence on record found that the prosecution failed to adduce disinterested and neutral witnesses and failed to prove its case beyond all reasonable doubt and, as such, on the good reasonings the learned trials Magistrate acquitted the petitioners from he charge; that the fin......be tried. 6. The prosecution, in all, examined nine witnesses in this case and they were cross examined by the defence. The learned Additional District Magistrate on perusal of the evidence on record on 29-08-1995 acquitted the accused petitioners. 7. Against the Judgment and order of acqu......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ......that respondent No.1 is not an employee of the New Nation Publications Limited. 9. We have considered the submissions of the learned Advocates, perused the impugned judgment and the materials on record. The High Court Division came to a finding that the petitioner has been designated as the M......on Printing Press, 1, R.K. Mission Road, Dhaka under sections 54 and 55 of the Ordinance before Second Labour Court, Dhaka. The case of respondent No.1, in short, is that on 01.09.1978, he joined the service of the New Nation Publications Ltd. under the petitioner on daily basis. After that, the pet..Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238
Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)
.... proceeding, whether in a Court of first instance or in a Court of appeal, against the defendant, shall be excluded, where the proceeding is founded upon the same cause of action and is prosecuted in good faith in a Court which, from defect of jurisdiction, or other cause of a like nature, is unable......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
....ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......cution and the victim was shot in the melee from his own side, but the accused were implicated falsely due to previous grudge and enmity. 6. Upon consideration of the evidence and materials on record the Divisional Druta Bichar Tribunal, Chittagong found the convict appellant Shafiul Azam ali......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
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