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Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......cution case has been consistently proved by the prosecution witnesses. He finally submits that the decisions cited by the learned advocate for the appellant is liable to be distinguished in the facts and circumstances of this case. Accordingly, he maintains that the impugned Judgment suffers..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ......uire any right, title and interest in the C.S. plot No. 167 vide the registered saff-kabala deed No. 2884 dated 18.1.1914. The learned Joint District Judge arrived at this finding on misconception of facts and circumstances of the case and took an erroneous decision that: “যেহেত..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
.... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......ely a criminal offence. The Court on examining him took cognizance of offence against the petitioners and subsequently framed charge against them. Whether the petitioners used the same design being a question of fact can only be decided in trial. At this stage there is no scope for quashment of the ...... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ...... to the PO house and on search and inquiry found out that Tofail had bought a Virgin drink from Babla Store for Mostasim and after drinking that Mostasim Billah is missing. Tofail Islam Hira on being questioned about the whereabouts of the victim said nothing. It was suspected that the accused-...... 2002 arising out of Jamalpur PS Case No.3 dated 1-6-2001 corresponding to GR No.507 (2)2001 under sections 302/201/34 of the Penal Code, pending in the Court of Sessions Judge, Jamalpur. 3. The facts of the case, in brief, are that one Md. Ashraf Hossain, brother-in-law of the victim's fat..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
....no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......first information report. So, we do not accept the submission of learned Advocate for the petitioner to that effect. 10. It further appears from order dated 24.11.1996 that out of the pregnancy in question, the victim-complainant already gave birth to a child. In response to our query, learned Ad...... fatherhood of the child by DNA test. Whether the pregnancy was an outcome of consented sexual intercourse between the parties, or rape committed on the victim-complainant, these are all questions of facts to be determined in due course of trial. Moreover, charge has not yet been framed in the insta..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......be detected against the accused persons. Money Laundering is deemed as a financially based crime. It has potentially devastating economic security and social consequences. 15. From the facts and circumstances discussed herein above it is clear that the learned Metropolitan Sessio..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
.... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 113.
.......59 of 2011.
(From the judgment and order dated 23-11-2009 passed by the High Court Division in Writ Petition No.7625 of 2009).
Judgment
SK Sinha J. - Leave was granted to consider the question whether the High Court Division was justified in giving full relief to the writ petiti......r the unreported decision of this Division in Civil Petition Nos.63-67 of 1999 disposed of with other petitions by judgment dated 27th May, 1998 relied by the High Court Division is applicable to the facts of this case and finally, whether the writ-petitioners have acquired any right of appointment ..
Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151
Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)
....ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ......ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ......led its earlier judgment and order dated 19-8-2002 and restored the Rule to its original file and number. On 21-4-2003, the High Court Division discharged the Rule holding that concurrent findings of facts of the Courts below should not be disturbed in revision. 8. Against the Judgment and orde..Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
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. ......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. ...... it is an abuse of the process of the Court In the eye of law the impugned judgment and order is legal one and do not suffer from any illegality or infirmity. But having considered the attending facts and circumstances of the case and the nature of allegation made in the petition of complaint i..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. ......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. ......1. We have considered the submissions of the learned advocates of both the sides and gone through the judgments of all the three courts below and also the evidence on record. 12. Considering the facts, circumstances and evidence on record we find that the submissions made by the learned Counsel..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.
......by the company of any damages sustained by any party aggrieved and may also make such order as costs as it may consider proper.
(3) On any application under this section the Court may decide any question relating to the title of any person who is a party to the application to have his name ente......oint District Judge, 5th Court, Dhaka in Title Suit No. 162 of 2009, rejecting the plaint 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 Cour..
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. ......deed by Zakir Hossain (defendant No.2) in favour of Azizul Islam (defendant No.1) is void, inoperative and not binding upon the plaintiff and since the plaintiff Rokeya has not executed the deed in question, the High Court Division erred in holding that the instant suit for mere declaration is not......or 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 submission of Mr. Mahbubey Alam. Leave i..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. ...... situation, until and unless the Government declared the property of the plaintiff as vested in the Government, Government has no legal authority to issue such notice. Since notice itself is illegal, question to settle whether the deeds of the plaintiffs are genuine are not required. If Government w......lant and his co-sharers cannot be said to be unlawful and consequently the provisions of The Enemy Property (Lands and Buildings) Administration and Disposal Order, 1966 are not attracted to the facts of the instant case. The Custodian of Enemy Property representing the share of the enemy owner..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. ......e to be confiscated under the provisions of Customs Act and therefore, the High Court Division erred in law in directing for release of the imported machineries. It is further urged that on similar question two appeals arising out of Civil Petition Nos.1396-1397 of 2010 are pending in this Divisio......aw involved in this petition along with the appeals. Mr. Abdul Basel Majumder, learned counsel for the writ petitioner, however, supports the judgments of the High Court Division and submits that the facts of earlier cases are distinguishable from facts of this case. 5. On consideration of the ..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. ......s in support of his contention. 10. The learned Assistant Attorney-General for the State adopted the submission place before us by the learned Advocate for the opposite party No.2. 11. The only question that survives for the determination this case is whether the inherent power under section 5......ower to quash any proceeding Judgment or 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 extra ordinary power has to be pressed in aid when there i..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 ......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 ......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
....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.
...... lost its validity due to being unduly influenced by the BVA. On any issue, if a decision is taken by any government or statutory body being unduly influenced by a third party, whose role seems to be questionable in the issue that is being dealt with by the authority, the decision loses its eff...... and the BVA, the added respondents No.8 and 9, who have opposed the Rule by filing separate sets of affidavits-in-opposition. In the affidavit-in-opposition filed by the UGC it is contended that the facts stated in the writ petition are not correct and the petitioners have no locus-standi to file t..
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.
......oanee, the guarantor would escape from the liability of guarantee basing upon which loan was sanctioned. It is further urged that since two civil appeals are pending in this Division on the same questions of law, leave should be granted to examine the points raised in the petition.
5. We h......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.
..
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. ...... 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. ......late Division in 14 BLC (AD) 109 wherein this unreported decision has been affirmed. We have considered the cited decisions and it appears that none of these decisions are applicable on the facts of the instant case as in these decisions lease deed was registered but in the case in hand le..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.
......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.
......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,..
Category: Property Law | Date: 12 Mar, 2012 | Hits: 94
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