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Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
....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. ......ittal of the accused Section 247 of the Code of Criminal Procedure has empowered the Magistrate to acquit the accused if the complainant fails to appear on the day of hearing of the case, unless for some reasons he thinks proper to adjourn the hearing of the case to some other day. ............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. ......ure of allegation made in the petition of complaint it is correct to say that if the proceeding is continued further, it would be nothing but an abuse of the process of the Court............(17) Lawyers Involved: AKM Faiz, Advocate—For the Petitioners. Gazi Md. Mamunur Rashid, A..Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7
Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)
....the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ......y Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Dr. Rafiqur Rahman, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2537 of 2009. (From the judgment and order dated 26.10.2009 passed by th......the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. .....................................Petitioner Vs. Nurul Haque and others................................Respondents Order March 19, 2012. Result: The leave is granted. Lawyers Involved: Mahbubey Alam, Senior Advocate (Obaidur Rahman Mustafa, Advocate with him) in..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
....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 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 Court of learned Joint District Judge, 5th Court, Dhaka stating inter alia that R. Zaman &a......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.
......ny Ltd. Khulna and others Vs. Abdul Jabbar and 9 others 20 DLR (S.C) 335; Md. Shamsuzzaman Khan Vs. M.S. Islam and ors., 28 DLR-1976; Nurun Nahar Zaman Vs. Sea Pearl Lines Ltd.11 BLC (2006) 111.
Lawyers Involved:
Md. Nur Hussain Chowdhury with Nasim Khan, Advocates-For the appellant.
..
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. ......Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1 (In both the cases). For Respondent No.2-9 (In both the cases)—Not represented. Civil Petition for Leave to Appeal Nos.1023-24 of 2010 (From the judgment and order dated 25.8.2009 passed by ...... 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. ......er (In both the cases) Vs. Azizul Islam and others................................Respondents (In both the cases) Order March 19, 2012. Result: The Rule is issued. Lawyers Involved: Mahbubey Alam, Senior Advocate (with Sirajul Huq, Senior Advocate and Abdul M..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....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. ......d in: 18 BLC (HCD) (2013) 124. ......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. ...... Officer, Brahmanbaria, 30 DLR (SC) 139; Anil Kumar Datta Chowdhury Vs. Province of East Pakistan (1971) 23 DLR 108; Watson and Company Vs. Ramchand Dutta and others LR 17 IA 110 ILR 18 Cal, 10. Lawyers Involved: AJ Mohammad Ali with Mahbub Ali and Md. Ziaul Hoque, Advocates—For the ..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Commissioner of Customs and another Vs. Equity Construction Pvt. Ltd., 2012, 41 CLC (AD)
....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. ......d by B. Hossain, Advocate-on-Record—For the Petitioners. Abdul Basel Majumder, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No.2259 of 2010. (From the judgment and order dated 21.10.2009 passed by th......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. .............................................Petitioners Vs. Equity Construction Pvt. Ltd......................Respondent Order March 15, 2012. Result: Leave is granted. Lawyers Involved: S.M. Moniruzzaman, Deputy Attorney General, instructed by B. Hossain, Advocat..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. ......sult: 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 power except that section 561A adds "or otherwise to secure the ends...... 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. ......Shukur Prodhan, Md. Shahinur Islam, MM Rahmatullah, Abdul Wadud Vs. State, 14 BLD (AD) 178 = 45 DLR (AD) 48; Khorshed Alam Vs. Azizur Rahman, 48 DLR 36; Rahela Khatun Vs. Abdul Hassan and others. Lawyers Involved: Khondaker Mahbub Hossain with Sheikh Mohammad Ali, Mashfiqul Haque Khan and M..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 ......and master plan of the market has been prepared in such a way that all the shoppers can go about their business without filling congested. It's specious design to make the shoppers of the city comfortable and is still known to have all types of shop in one place. Moreover, the height and the arc......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 ...... 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: Aneek R Hague, Advocate with SR Aslam, Advocates —For the Petitioner. ..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
....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.
.......2 is a student who sat in the said admission test as stated above under the said Unit-A (Application PIN No.894391 and Roll No.10146) and he has been kept in the waiting list and, currently, waiting for admission in the department of Animal Husbandry (Hons) Degree Course of PSTU. Petitioner No.3 is......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.
......ioners
Vs.
Bangladesh University Grants Commission (UGC) and others........Respondents
Judgment
March 14, 2012.
Result:
The rule is made absolute
Lawyers Involved:
Md. Badruddoza, Advocate—For the Petitioners.
Mahbubey Alam with A..
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.
...... the Petitioners.
Qumrul Haque Siddique, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1.
Not represented-For Respondent Nos.2-8.
Civil Petition for Leave to Appeal No.1520 of 2011
(From the judgment and order dated 15.3.2011 passed by the......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.
......imited (IPDC) and another..................Petitioners
Vs.
Mrs. Mohsina Rahman and others............Respondents
Judgment
March 12, 2012.
Result:
Leave is granted.
Lawyers Involved:
Mahmudul Islam, Senior Advocate, instructed by Md. Taufique Hossain, Advocate..
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. ......acknowledgement due to the proper address of the addressee then it is deemed to be presumed that notice has been served….....(16) Necessity to complete or exhaust provisions of law before coming to the Court When the law provides for appeal as such, before come to the Court, li...... 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. ......MA Yahia Vs. Abdul Quader, 14 BLC (AD) 109; RAJUK Vs. Dhaka Water Supply, 14 BLC (AD) 129; Md. Badiul Alam Khondker Vs. M/s Munni Chemical Industries and others, Civil Revision No. 2832 of 2008. Lawyers Involved: AY Mashiuzzaman, Advocate—For the Appellant. Syed Mahmudul Ahsan, ..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
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. ......Record-For the Respondent No.1. (In all the cases) Rafique-ul-Huq, Senior, instructed by Md. Shamsul Alam, Advocate-on-Record—For Respondent No.2. (In all the cases) Criminal Petition for Leave to Appeal Nos. 266-69 of 2011. (Form the judgment and order dated 28-9-2010 passed by...... 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. ......spondent (In at the cases) Judgment March 12, 2012. Result: The petitions are disposed of. Case Referred to- Ramashraya Chakrabarty Vs. State of MP AIR 1976 SC 392. Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. (In all ..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ...... ...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ...... Bangladesh, represented by the Secretary, Ministry of Civil Aviation, and others…………..... Respondents. Judgment March 8, 2012. Result: The Rule is made absolute. Lawyers Involved: Manzill Murshid, Advocate-for the petitioner Azmalul Hossain with Mr. ..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. ......resent: Sharif Uddin Chaklader J Krishna Debnath J Jamuna Builders Ltd....................Plaintiff-Opposite Party-Petitioner Vs. Bangladesh and others…...........Proforma-Defendant-Petitioner Opposite-Parties Judgment March 5, 2012. Result: The......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. ......Party-Petitioner Vs. Bangladesh and others…...........Proforma-Defendant-Petitioner Opposite-Parties Judgment March 5, 2012. Result: The rule is discharged. Lawyers Involved: Enayet Hossain, Advocate with Ziaul Hoque, Advocate—For the Petitioner...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. ......te and contradictory. The two vital issues of the case were - a) the authenticity of the surplus status of the 11 accused petitioners and b) whether the signature on the third nomination letter was a forgery…....................(24) The IO failed to examine sufficiently the relevant pers......hat, in the re-organisation scheme taken by the then Government, the said two organisations were abolished by a decision taken in a meeting held on 9th April, 1982 and presided over by the then Chief Martial Law Administrator, and, as a result, the petitioners hecame surplus-employees, they were rel......r are therefore set aside for enabling further investigation, however the quashment of the proceedings is not called for, due to the allegations of creation of false documents...............(27) Lawyers Involved: Mahbub Shafique with KM Hafizul Alam—For the Petitioner No.3. Shaf..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
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. ......994 about quashment of the proceeding of Special Case No.9 of 1993, then pending in the Court of Divisional Special Judge, Dhaka. Further proceeding of that case was also stayed. 2. Facts relevant for disposal of the Rule are briefly stated below:- An Inspector of the Beauru of Anti Corruptio......rious posts under Land Ministry. 16. Against such allegations, the petitioners have filed photo copy of a letter dated 21-4-1982 showing the decision of the meeting presided over by the then Chief Martial Law Administrator wherein a decision was taken for abolition of the জাতীয় যু......efit of absorption under the Ordinance 1985. On the other hand a চাকুরীচ্যুত কর্মচারী will not get the said benefit of absorption……………………(20) Lawyers Involved: K.M. Hafizul Alam, Advocate - For the Petitioner Nos.2, 3 and 6. ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......ctory. Any appeal or objection challenging the award if filed after the period of 30 days shall not be entertained…………………………………(6) Deposit of security is pre-condition for challenging the award in form and 'shall' has been used, law makers make it clear that it is man......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......rd Vs. Nasim and Brothers, 1988 BLD 369; Rajdhani Unnayan Kartipakkha (RAJUK) Vs. MN Alam and Associates Ltd., 54 DLR 161; Dhaka Leather Complex Ltd. BCIC Vs. Sikder Construction Ltd., 55 DLR 578. Lawyers Involved: Fawzia Karim Firoz with Khondaker Aminul Haque, Advocates - For the Petitioner...Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....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. ......1898 (Act No. V of 1898); section 561A Inherent power of the High Court Division The inherent power of the High Court Division as mentioned under section 561A of the Code can be exercised only for either of the three purposes specifically mentioned in the section which are, firstly, to give......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. ......Court or otherwise to secure the ends of justice. But the exercise of the inherent power must necessary depend on the facts and circumstances of each particulars case……………………(20) Lawyers Involved: Rahmat Ali, Advocate - For the Petitioner. KM Zahid Sarwar Deputy Attorney-..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. ......e Petitioner. Abdur Razzaque Khan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No.1. Not represented-For Respondent No.2. Criminal Petition for Leave to Appeal No.113 of 2010. (From the judgment and order dated 18.02.2010 passed by the...... 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. ............................Petitioner Vs. Md. Ali Hossain and another................................Respondents Judgment March 4, 2012. Result: The appeal is dismissed. Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Md. Altab Hossain, Advocate..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)
....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. ......Judgment March 3, 2012. Result: The appeal is disposed of with observation. Whether section 14 of the Limitation Act, 1908 is applicable in determining the period of limitation prescribed for any suit, appeal or application by any special law e.g. the Local Government (Upazilla Parishad)......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. ......ions of the Limitation Act then only these sections of the Limitation Act will have no application in any suit, appeal or application under that special law………………………………(10) Lawyers Involved: S.N. Goswami, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
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