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Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
....laintiff after mutating the suit land in his name and obtaining other required papers for registration. That the defendant received Tk. 1,32,250/-, 62,000/-, 1,25,000/-, 66,050/- and 48,000/- in total Tk.4,33,300/- also from the plaintiff on different dates by making acknowledgement on the......, from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ......, from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ......nd in support of his case submitted that Md. Monir Hossain is a necessary party in the Agreement, as well as in the Arbitral Proceedings as the Project in question is a compact project. Therefore, in absence of another party of the contract, it is not possible to resolve the controversy amongst the ......of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
....ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ...... allowed him to stay at a room adjacent to her. In the following morning she went to chatal leaving her two years old son Shanto and eight years old daughter Lipy at her room. Taking advantage of her absence, the appellant Ikhtiar Rahman took away her son Shanto alluring him to give biscuit. After a......ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
.... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)
....tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ......tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ......tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ..Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......tention of the learned Advocate for the petitioner. 14. Now let us see whether the Bank being Complainant can have any right to file a case under section 138 of the Negotiable Instruments Act in absence of "any person" appearing in section 138(1) of the Negotiable Instruments Act. 15. Let us......ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....ated 7.8.2001 dismissed Title Suit No.3 of 1998 of the Vendor and decreed Title Suit No.4 of 1998 of the Purchaser allowing specific performance of contract on condition of payment by the Purchaser a total of Tk.28,25,000/-to the defendant within 60 (sixty) days and to obtain execution and registrat......ment was terminated by the seller as mentioned in the second legal notice dated 29.07.96. Thus whether the amount was actually paid before the termination of the agreement can only be surmised in the absence of testimony by Advocate Salah Uddin Ahmed. 32. Be that as it may, the payment of balan...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......1 created that kabala deed by false personification. Thai the said kabala deed was also unlawfully registered in Gabtoli Sub-Registry office though the land of the said kabala deed was not within the jurisdiction of Gabtoli Sub-registry office. That this impugned kabala has cast cloud upon the title..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....er, that it would go without saying that they cannot tax their salaries for medical attention particularly, if such attention requires treatment abroad. So, refusal to pay/sanction medical bill is totally unreasonable and unjustified and is hence, without lawful authority. 7. On 24.01.2011...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Anti-Corruption Commission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ......ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ......filed an application before the High Court Division under section 526 of the Code for transfer of the case from the Divisional Special Judge, Barisal to any other Judge of Dhaka Division or any other jurisdiction. The grounds, on which transfer of the case was sought, were that the Public Prosecutor..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....ision of section 561A of the Code, 1898 does not apply to the present scenario. 11. Khan next submits that the period for obtaining sanction of the authority concerned is to be excluded from the total period taken in concluding the investigation under section 167(5) of the Code, 1898 as it......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Somed Ali Vs. State, 2011, 40 CLC (AD)
....death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......cord, the High Court Division rightly found that the petitioner as the husband failed to explain as to how the victim received the injury in the night while she was admittedly at his house and in the absence of such explanation it is "sufficient to reach irresistible conclusion that the Anguri Khatu......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
.... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ......ection 5(2) of the Prevention of Corruption Act, 1947. Since the convict-appellant was not present at the time of framing charge, the same could not be read over to him and the Court proceeded in his absence. 5. The prosecution in all examined four witnesses to prove their case while the d......meaning of Prevention of Corruption Act and the cognizance taken on the basis of it and framing of charge by the Additional Sessions Judge, 5th Court (ex officio Special Judge) is illegal and without jurisdiction." Mr. Razi further submits that although the appellant could no cross-examine the ..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
....
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
...... and wrong may also be committed. Moreover, on the change of law the decision is also to be properly evaluated in order to implement the existing law in its true perspective.
29. Now relating to absence of mens rea as argued by the learned Advocates for petitioner enabling the Court to quash th...... is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge."……………............……(30)
In exercising jurisdiction under section 561A the High Court Division would not ordinarily embark upon an enquiry ..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......the fact whether offences were committed before or after the commencement of the Anti Corruption Commission Act, 2004. Article 35(1) of the Constitution has no manner of application to oust jurisdiction of the Special Court created under the Anti-Corruption Commission Act, 2004. Reference ..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
.... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ...... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ......439 (4) & 439A An order passed by the Sessions Judge or Additional Sessions Judge, as the case may be, under section 439 A of the Code of Criminal Procedure is not amenable to the revisional jurisdiction of the High Court Division under section 439 of the Code of Criminal Procedure...........Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
....ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ...... in passing the Order giving approval to the investigating officer to initiate proceeding against the informant under section 17 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 as the Tribunal had no jurisdiction to direct the investigating officer or any other person to initiate such proceeding..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Golam Ahmed Vs. State, 2011, 40 CLC (HCD)
....t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ......t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ......t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
....the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ......the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ......the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
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