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H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)
.... colour sorter machine for Rice Mill from the respondent No.1 through the respondent No. 2 the local agent in Dhaka, by opening L/C through the respondent No. 4. But when the consignment came to Bangladesh in the petitioner’s factory it appears that majority equipments of machineries are not in or......ining the respondent No.1 from encashing the L/C amount now lying in the hand of the advising bank the respondent Nos. 3 and 4. 3. The learned Advocate Mr. J.K. Paul further submits that by way of interim order the petitioner has obtained the injunction against the respondent No.1 restraining the......al agent in Dhaka, by opening L/C through the respondent No. 4. But when the consignment came to Bangladesh in the petitioner’s factory it appears that majority equipments of machineries are not in order or deficient of required equipment in the machine which was immediately informed to the respon......ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ..Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....rder at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ......(six) months 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) 182. ......t, 1948 the suit is barred by limitation. Plaintiff filed written objection against the application filed under Order VII Rule 11 of the Code of Civil Procedure. 6. Learned Judge by the impugned order rejected the plaint. 7. Mr. Mahbubur Rahman, learned Advocate, appearing for the plaintif......(six) months 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) 182. ..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
S.M. Zahid Rezvi and others Vs. The Magura Pourashava and others, 2012, 41 CLC (HCD)
.... ground floor with equal floor space. He has further stated that the petitioners will be allotted those shops at the rate of 50% discount of the price fixed by the Pouroshava and that the payment already made by the shop owners as salami at the time of taking lease of the shops, also will be adjuste......ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16. ......llip;……..Petitioners Vs. The Magura Pourashava and others………………....Respondents Judgment May 24, 2012. Result: The order of stay is vacated. Lawyers Involved: M. Quamrul Haque Siddique with S.M. A. Sabur w......ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16. ..Category: Constitutional Law | Date: 24 May, 2012 | Hits: 1
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....resent: Syed Refaat Ahmed J Md. Ashraful Kamal J Topon Kumar Roy……………………………..Petitioner Vs. Bangladesh and others.......................Respondents Judgment May 24, 2012 Result: ......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ......he exercise of statutory discretion. He must direct his attention to matters which he is bound to consider. If he does not obey this rule, Certiorari and Mandamus shall surely lie to rectify his orders………………………. (20) A violatio......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Court High Court Division (Special Original Jurisdiction) Present: Naima Haider J Farid Ahmed J Golam Ambia (Harun)......................Petitioner Vs. Bangladesh and others....................Respondents Judgment May 22, 2012 Result: ......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ...... for 0.2385 acre land under CS Khatian No. 1072 CS Plot No.1075 SA Khatian No.1 SA Plot No.6340 of Mouza Mymensingh Town, Police Station Kotwali, District-Mymensingh and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts relevant for disposal of......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ..Category: Others | Date: 22 May, 2012 | Hits: 9
Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)
....45. ......ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ......il Review Petition No.11 of 2012) Civil Petition for Leave to Appeal Nos.872, 875, 877-881, 884-891 of 2010. With Civil Review Petition Nos.6-11 of 2012. (From the judgment and order dated 2.6.2009 the High Court Division in Writ Petition Nos.7655, 8730, 1089, 1090, 1091, 2115......ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ..Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135
Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)
....ip;…………….Petitioner Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others.........Respondents Judgment May 15, 2012. Result: The Rule is made absolute. Cases Referred to- Golam Haider Kabir Vs. Government of Bangladesh 15 BLC 83......ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ......tition No. 4325 of 2007. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioner, Marzan Abedin, this Rule Nisi was issued calling upon the respondents to show cause as to why the order No. 07 dated 27-7-2006 passed by the learned Artha Rin Adalat No. 4 Dhaka in Artha Execution C......ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ..Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4
Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)
....lso Reported in: 18 BLC (HCD) (2013) 122. ......reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ......or the Respondents. Writ Petition No.4879 of 2011. Judgment Tariq-uI-Hakim J. - This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned judgment and order, dated 24-3-2011 passed by the learned Chairman, Labour Appellate Tribunal, Dhaka (Respondent ......reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ..Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....t Division (Special Original Jurisdiction) Present: Farid Ahmed J Sheikh Hassan Arif J Advocate Murshedur Rahman Chowdhury...........Petitioner Vs. Bangadesh and others...... ......................Respondents Judgment May 13, 2012. ......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ......ional sanction. This question should be examined by this Court. 3. The learned Attorney-General has referred 3 decisions passed in WP No. 7353 of 2010, W.P. No. 5391 of 2010 and the judgment and order passed in Criminal Miscellaneous Case No. 34345 of 2010. In all those cases, the points raised......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....idul Huq J Md. Shahidul Islam......................Petitioner Vs. State and another....................Opposite parties Judgment May 13, 2012. Result: The Rule is made absolute. In quashing a criminal proceeding, the court is to consider only th......,০০০/- টাকা আদালতের মাধ্যমে বাদীর হাতে দিলেন” and on some other false statement the learned Magistrate granted conditional ad-interim bail to the petitioner and mentioning that “আগামী ২৫/০১/২০১১ই...... In quashing a criminal proceeding, the court is to consider only the prima facie case against the accused. Any case which is false, collusive and concocted and brought out of enmity in order to materialize the revenge against the accused petitioner cannot be entertained…………......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
....Mujib Medical University (herein after will be called claimant-company and BSMMU respectively) was started out of a dispute over the supply, acceptance, installation and commissioning of a Hospital Grade Laundry System (Washing Plant) for 2000 bed facilities at the BSMMU.
3. On 4-9-2009, the BS...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
......Miscellaneous Appeal No.23 of 2010.
Judgment
Khondker Musa Khaled J.- This First Miscellaneous Appeal under section 48 of the Arbitration Act, 2001 is directed against the judgment and order dated 1-12-2009 passed by the learned Additional District Judge, 2nd Court, Dhaka in Arbitrati...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)
....; Supreme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kali Mohan Das...............................................l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ......instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No.320 of 2010 (From the judgment and order dated 16.11.2009 passed by the High Court Division in Civil Revision No.2331 of 2007) Ord......l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ..Category: Property Law | Date: 10 May, 2012 | Hits: 7
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....and others.................................Respondents Judgment May 8, 2012. Result: The appeal is allowed in part and the suit is decreed in part. Cases Referred to- Bahadur Ali Sk. Vs. Azgar Ali Munshi, 20 DLR 74; Abdus Sattar Vs. Lalon Mazar Sharif and Seba Sadan Com......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent No.4. None represented—Respondent Nos.1-3. Civil Appeal No.233 of 2002. (From the judgment and order dated 25th April,2000 passed by the High Court Division in Civil Revision No.2923 of 1994). ......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
.... This Case is also Reported in: 65 DLR (HCD) (2013) 99. ...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ......st prove; the onus of proof lies on the tenant in a situation where he asserts that he paid rent on time and not a defaulter or where the tenant claim right of occupancy; no payment was made by money orders; payment of rent as made in lump does not help the tenant the mischief of defaulter. Learned ...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....il) Present: ABM Khairul Haquc CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Professor Muhammad Yunus..................Petitioner (In Civil Petition No.640 o......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ...... Respondent No. 3 (In both the cases) Not Represented-For Respondent Nos. 4-11. (In both the cases) Civil Petition for Leave to Appeal Nos. 640 and 641 of 2011. (From the judgment and order dated 8.3.2011 passed by the High Court Division in Writ Petition Nos.1890 and 1892 of 2011.) ......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....ivision (Civil Revisional Jurisdiction) Present: AFM Ali Asgar J Rajuk Karmachari Bahumukhi Samabaya Samity and another……..Petitioners Vs. M/s Al-Razib Traders …………………..............Opposite-Party Judg...... of 2011 before this Court and after filing of the appeal the appellants as petitioner filed an application for stay and the High Court Division issued a Civil Rule on 21-3-2011 and also passed an ad-interim order of stay. Subsequently the respondent filed a Civil Miscellaneous petition be..............Opposite-Party Judgment May 3, 2012. Result: The Rule is discharged. District Judge not amenable to the High Court Division No appeal or revision lies against an order passed by the District Judge in an arbitration case as per provision of Arbitration Act, 2001.......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. ..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
.... 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. ...... Rajik-Al-Jalil, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.639 of 2009. (From the judgment and order dated 05.01.2009 passed by the Administrative Appellate Tribunal, in Appeal No.206 of 2003). ......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. ..Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
.... also Reported in: 18 MLR (AD) (2013) 97. ......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. ......ted by Gias Uddin Ahmed, Advocate-on-Record-For the Petitioners. None represented-For the Respondent. Civil petition For Leave to Appeal No.665 of 2009. (From the judgment and order dated the 28th January of 2009 passed by the Administrative Appellate Tribunal in Administra......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. ..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)
....09. ......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. ......eral instructed by Mr. B. Hossain, Advocate-on-Record—For the Petitioner. Not represented-The Respondent. Criminal Petition for Leave to Appeal No.223 of 2009. (From the judgment and order dated 23.11.2008 passed by the High Court Division in Criminal Appeal No.2970 of 2006.) O......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. ..Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....d play of power and when the mode of power of exercising a valid power is improper or unreasonable, there is an abuse of power……………………………….(40) The Constitution of Bangladesh, 1972, article 49 Materials to be supplied with the application of pardon When a con......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. ......he question arises whether an authority under the Constitution has acted with the limit of its power or exceeded it or the power has been exercised without application of mind and mechanically or the order in question is a mala fide one or the order has been passed on some extraneous consideration......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. ..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
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