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....vil Petition for leave to appeal is directed against the judgment and order dated 08.10.2009 passed by the High Court Division in Civil Revision No.314 of 2005 discharging the rule.
2. The short facts necessary for disposal of the leave petition are as follows:-
3. The opposite party No.1,......mud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Assistant Horticulturist Agriculture Extension Division Crop Section, Bobhanbagh Uddyan Base Police Station-Savar, District-Dhaka and others....................................Petitioners
Vs.
M. A. Sattar Bhuiyan being d......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
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....inancially. This sort of illegal practice leads to offences like corruption and money laundering. Hence this Rule. 3. By filing a supplementary affidavit the petitioner brought certain other facts to the notice of this court. Therein it is alleged that in respect of carrying passengers the......orted 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: ..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....rdingly points No.2 and 3 are decided in favour of the petitioners." 5. Rule 13 Order IX speaks 'satisfaction' and this 'satisfaction' is satisfaction of the Court. From the facts of the case it appears that Government satisfactorily explained its non-appearance when the su...... Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Jamuna Builders Ltd....................Plaintiff-Opposite Party-Petitioner Vs. Bangladesh and others…...........Proforma-Defendant-Petitioner Opposite-Parties Judgment Marc......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. ...... ......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. ..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. ...... & others…………………………Petitioners Vs. State………………………………Opposite Party Judgment March 4, 2012. Result: The Rule is disposed of. Words and phrases Surplus public servant and চাকুরীচ্যুত কর্মচার......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
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....pay the said amount on 29-10-2009. 3. Mrs. Fawzia Karim Firoz, learned Advocate, appearing for the Judgment-debtor-petitioner, submits that, the said amount was not passed in accordance with the facts of the given case as the said amount is beyond decree. Learned Advocate further submits that l......M Syndicate & others..........................Opposite Parties Judgment March 4, 2012. Result: The rule is discharged. Arbitration Act being a special act, 30 days provision is mandatory not directory. Any appeal or objection challenging the award if filed after the period of 3......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. ..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....any proceeding Judgment or to set-aside decision of any Court/tribunal subordinate to it. But this power must be exercised very sparingly, cautiously and only in exceptional cases keeping in view the facts and circumstances of each and every case. The inherent power which are in the nature of extra ......ed only for either of the three purposes specifically mentioned in the section which are, firstly, to give effect of any order under the code, secondly, to prevent abuse of the process of the Court and thirdly, to secure the ends of justice. What is 'inherent' is an inseparable incident of a thing......ed Upazila Magistrate Court by the informant opposite party against the charge-sheet No.52 dated 02-05-1993 for not sending Ansar Sarder as accused in the Charge-sheet and the learned Magistrate took evidence on inquiry and also took cognizance against Ansar Sarder in this case. 5. The Rajbari PS..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....ondent No.2, for proceeding with Criminal Case No.1 of 1994 under sections 54 and 55 of the Industrial Relations Ordinance, 1969 (in short, the Ordinance) now pending in the said Court. 2. The facts, leading to the filing of the petition for leave to appeal, in short, are that respondent No......ahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Barrister Mainul Hosein......................................Petitioner Vs. Md. Ali Hossain and another................................Respondents Judgment March 4, 2012. Result......the New Nation Printing Press was not the successor establishment of the New Nation Publications Limited and held that this was a defence plea which as per well settled principle was to be decided on evidence before the trial Court and it was not at all ground for quashment. 11. The discrepancy..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. ......itation 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) Ordinance, 2008 and the Local Government (Upazilla Parishad) Rules, 2008. The Limitation Act is a general law and...... raise any objection to that effect. That the election was held freely and fairly and as such the election petition was liable to be dismissed. 5. The Election Tribunal, after considering the oral evidence and also the documents adduced by the contesting parties, allowed the election case vide ju..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
....ears and to pay a fine of Tk.2000/-, in default to suffer rigorous imprisonment for 1 (one) month more. The Criminal Appeal preferred by him was dismissed with modification of sentence. 2. The facts of the case relevant for disposal of the instant leave petition are that on 15.02.2000 at ab......, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Not represented-For Respondent. Criminal Petition for Leave to Appeal No.32 of 2010. (From the judgment and order dated 22nd October, 2008 passed by the High Court Division in Criminal Appeal No.165 of 20......ten witnesses who were duly cross-examined by the defence. The accused were examined under section 342 of the Code of Criminal Procedure whereupon they repeated their innocence but did not adduce any evidence in their defence. 5. The defence case, apparent from the trend of cross-examination of..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......245 of 2005. Judgment Md. Ruhul Quddus J.- This Rule at the instance of a convict was issued on an application under section 561A of the Code of Criminal Procedure for quashment of judgment and order dated 26.5.2003 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Moulvibazar in Nari-S......ific allegation of brutal physical torture on an innocent housewife. The prosecution witnesses including two eyewitnesses, informant, victim and the doctor clearly proved the case by their respective evidence. The learned Judge rightly passed the judgment and order of conviction and sentence. There ..Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
....peal against the judgment and order dated 18.03.2009 passed by a Division Bench of the High Court Division disposing of F. A. No.345 of 2000 and F. A. No.564 of 2000 analogously. 3. The relevant facts necessary for disposal of these two civil petitions for leave to appeal, in short, are as fo......Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J M/s. Sadharan Bima Corporation.........................Petitioner (In both the cases) Vs. United Fish Exports Limited and others.................Respondents (In both the cases) Judgment February 26, 2012. ......he period from the date of accident to the date of realization. The defendant Sadharan Bima Corporation contested that suit by filing written statement. The trial court, on consideration of the evidence adduced by both the contesting parties, and other facts and circumstances decreed that suit..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....eed as it requires certain procedure for a legal basis for transferring title and on the basis of baina no decree can be passed declaring title of a person, Court of appeal below being final Court on facts on misreading the law, committed gross illegality in decreeing the suit holding plaintiff has ......BLT (HCD) (2013) 39 ......ot;, and also the case of Sontosh Kumar Chakraborty Vs. MA Motaleb Hossain, 36 DLR (AD) 248, wherein it is held that when there is "Glaring misconception of law and non-consideration of material evidence, under section 115 High Court Division can interfere, and also the case of Government of Ba..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
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. ......Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Dream Land Properties Ltd.................................................................Petitioner Vs.......f the trial Court. This power has been given to the appellate Court with a view to minimize the harassment of the parties to the litigation and also to reduce the docket. It cannot be said that the evidence on record are not sufficient to determine the suit finally in the absence of expert's opini..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....to be set aside. Relied upon the decision reported in 37 DLR (AD) 1, he submits that it is the duty of the Court of law to assess and imposed interest at the time of passing of decree considering the facts and circumstances and the nature of contract in between the bank and the borrower. By referrin......J Sonali Bank…………………………………………….Appellants Vs. Habib Medical Store and Others………………. Respondent Judgment February 1...... statement. Subsequently after enactment of Act 4 of 1990 the suit was renumbered as Artha Rin Suit No. 264 of 1990 in the Court below and proceeded with the suit. The Court below after examining the evidence both oral and documentary decreed the suit to the tune of Taka 2, 25,886 only. Being aggrie..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
....is appeal, by leave, by the appellant, arises out of the judgment and order dated 15.12.2009 passed by the High court Division in Election Petition No.08 of 2009 allowing the same on contest.
2. The facts involved in the appeal, in brief, are as follows:
In the election of the 9th Parliament for T......ion
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Syed Mahmud Hossain J
Md. Abul Kashem.............................Appellant
Vs.
Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents
Judgment
February 14, 2012.
Result:
The appeal is dismissed.
C......ll of the telephone and as such, the impugned judgment and order should be set aside. The findings of the High Court Division regarding non-payment of telephone bill are erroneous and contrary to the evidence on record.
13. Mr. M. Amirul Islam, learned Senior Advocate with Mr. A. J. Mohammad Ali, l..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....in 2008 and payment of licence fee and spectrum fee for new assignments without any deduction should not be declared to have been issued without lawful authority and of no legal effect.
2. Short facts, relevant for the disposal of the Rule, are that the petitioner company ("Grameen Phone&q......
Present:
Farid Ahmed J
Sheikh Hassan Arif J
Grameen Phone Ltd...............................Petitioner
Vs.
Bangladesh Telecommunication Regulatory Commission (BTRC) and others……...............Respondents
Judgment
February 13, 2012.
......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.
..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
.... প্রকারে উহাতে সংযোজিত বা সংলগ্ন করা হয়।
25. The allegation of non-user of the mark FROOTO has been based by the petitioner upon facts:
I. That no infringement suit has been filed against the petitioner although the petitioner...... contested by the respondent, the same is disposed of by this judgment.
Facts of the case:
2. It has been asserted in the application that the petitioner is engaged in business of manufacturing and marketing of fruit juice of international quality and launched the product for marketing in the ......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.
..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....ka in Appeal No.34 of 2008 reversing the decision dated 24.01.2008 passed by the Administrative Tribunal, Dhaka in Administrative Tribunal Case No.161 of 2004 allowing the aforesaid case. 2. The facts, leading to the filing of this petition, in a nutshell, are that the petitioner filed the......Ali J Md. Shamsul Huda J Md. Shahjahan Atmasder................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Agriculture and others..........................................Respondents Judgment February 9, 2012......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ..Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....s brought in the list for hearing at that stage an application for recording a decree on compromise was filed before this Court on January 2, 2012. 3. For the purpose of appreciation of the facts involved in this appeal it needs a brief narration thereof and these are, the instant suit bei......ported in: 65 DLR (HCD) (2013) 59. ......e plaintiffs respectively while the defendant No.1 as witness No.1 for the defendants while one Mahbubur Rahman was examined as witness No. 2. Upon hearing, the trial Court having considered the evidence and materials on record decreed the suit by his impugned judgment and decree dated 17-7-200..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
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