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Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
....ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is disÂmissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ...... Lawyers Involved: Md. Nasiruddin Chowdhury, Advocate, 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......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is disÂmissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......ry.........Petitioner Vs. The State.........................................................Respondent Judgment March 1, 2012. Result: The petition is disÂmissed. Lawyers Involved: Md. Nasiruddin Chowdhury, Advocate, instructed by Chowdhury Md. Zahangir, Adv..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:......l Miscellaneous Case No.10245 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 Tribu......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:......…………………Petitioner Vs. The State…………………....................Opposite Party Judgment February 29, 2012. Result: The Rule is made absolute. Lawyers Involved: No one appears - For the Petitioner. Mrs. Syeda Rabia Begum, Assistant A..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)
....t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......rd—For the Petitioner (In both the cases). Mahmudul Islam, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record —For Respondent No.1 (In both the cases). Civil Petition for Leave to Appeal Nos.1588 and 1589 of 2009. (From the judgment and order dated 18.03.2009 pa......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......es) Vs. United Fish Exports Limited and others.................Respondents (In both the cases) Judgment February 26, 2012. Result: Both the petitions are dismissed. Lawyers Involved: Tofailur Rahman, Senior Advocate instructÂed by Chowdhury Mohammad Jahangir,..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191 21 BLT (HCD) (2013) 39 ......uresh became the owner of entire suit properly. Profullah exchanged 0.63/acres of land with defendant No.2 by registered deed No.5025 dated 16-4-1994. Defendant No.2 sold his purchased land to the proforma defendant No.3 but instead of registered sale deed, transfer was done through exchange deed. D......s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191 21 BLT (HCD) (2013) 39 ......, 36 DLR (AD)248; Government of Bangladesh, represented by the Secretary Ministry of Works, Bangladesh Secretariat Vs. Chand Mia, 44 DLR (AD) 98; Waliullah Vs. Hasina Begum, 23 BLD 67=8 BLC 694. Lawyers Involved: Zafar Sadeque, Advocate—For the Petitioners. Nasima Akhter Shanu, ..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
....rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162. ...... Md. Ashfaqul Islam J.- At the instance of the petitioner, Md. Mamun-ur-Rashid this Rule was issued calling upon the respondents to show cause as to why section 12 of the Artha Rin Adalat Ain now in force should not be declared as void being inconsistent with Part-III of the Constitution of the Peo......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162. ......Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Mamun-ur-Rashid (Md.)...................................Petitioner Vs. Secretary, Ministry of Law and others............Respondents Judgment February 23, 2012. Result: ..Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7
Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)
....nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......e land in question on yearly basis, they cannot be evicted at any time. Though they could not and did not acquire any right to get permanent lease of this land, they can apply to the proper authority for getting permanent settlement of the land. On their application, the concerned authority can cons......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......oncerned authority to give permanent settlement of the land to the writ petitioners, for, this is solely in the discretion of the concerned officials of the Government.……………………(10) Lawyers Involved: Murad Reza, Additional Attorney General instructed by B. Hossain, Advocate-on-R..Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
....e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
......in:
......e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
......Welfare, Bangladesh Secretariat,
P.S. Shahbag, Dhaka, Bangladesh and others………......
Respondents.
Judgment
February
19, 2012.
Result:
The Rule is made
absolute.
Lawyers Involved:
Manzill
Murshid, Advocate-For
the petitioner.
Abdul Baset Majumder wi..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ......also Reported in: 68 DLR (HCD) (2016) 73 ......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ...... Vs. Habib Medical Store and Others………………. Respondent Judgment February 14, 2012 Result: The appeal is dismissed. The Court of Law— Case Referred to- 37 DLR (AD) 1;Bipradas pal Chowdhury Vs. Kamaini Kumar Lahiri..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
....gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......ect.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......Johnson [1952] 1 All ER 250 at 251-252, [1952] P 47 at 50-51, D.G. Mahajan Vs. State of Maharashtra, AIR 1977 SC 915, Farooq Ahmed Khan Leghari Vs. Federation of Pakistan and others, PLD 1999 SC 57.
Lawyers Involved:
Rokanuddin Mahmud, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-o..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....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.
......otal consideration value. It is never deducted like advanced income-tax or income-tax from the income. In whichever stage one deducts and pays VAT, he has to deduct it after addition of VAT and not before addition. .......(39)
Constitution of Bangladesh, 1972
Article 102
......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.
......become a sovereign contract and, as such, writ is maintainable..........(44)
Cases Referred to-
Sharping Fishery case, 39 DLR (AD) 85; Bangladesh Telecom Ltd. Vs. BTTB, 48 DLR (AD) 20.
Lawyers Involved:
Rafiqul Haque, Senior Advocate with Sheikh Fazle Noor Taposh, Advocate with M..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
....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.
......hamsud Doulah, Advocate - For the Respondents.
Trademark Application No.1 of 2011.
Judgment
AFM Abdur Rahman J. - This application, under section 42 of the Trade mark Act 2009, praying for rectification of the Register of Trade marks by removing the registered Trade mark No.31112 in c......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.
......y, Karachi, PLD 98 Karachi 10; Powell Vs. Birmingham Vinegar Brewery Co. (1893) 10 RPC 63 Ch. D; Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 54 DLR 273; BCIC Vs. Sattar Match Works, 44 DLR (AD) 208.
Lawyers Involved:
Md. Moazzam Hussain, Advocate - For the Petitioner.
ABM Shamsud Doulah..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....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. ......tana Begum Vs. Prim Chand, AIR 1997 SC 1006. Lawyers Involved: Syed Mahbubur Rahman, Advocate-on-Record—For the Petitioner. Respondents—Not represented. Civil Petition for Leave to Appeal No.484 of 2009. (From the judgment and order dated 13.01.2009 passed by the......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. ......nt February 9, 2012. Result: The Petition is dismissed. Cases Referred to- Canada Sugar Refining Co Vs. R (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006. Lawyers Involved: Syed Mahbubur Rahman, Advocate-on-Record—For the Petitioner. Respo..Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......ssed by the learned Sub-ordinate Judge, Additional Court and Artha Rin Adalat No. 2, Dhaka in Title Suit No. 155 of 2001. 2. During pendency of the appeal when the matter was brought in the list for hearing at that stage an application for recording a decree on compromise was filed before ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......ents Judgment February 7, 2012. Result: The appeal is disposed of with Directions. Cases Referred to- Harjinder Singh Vs. Punjab State Warehousing Corporation CDG Law Journal 210 (SC) 462; Ramon Services (P) Ltd Vs. Subhhash Kapoor (2001) SCC 118. Lawyers In..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)
....e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......order dated 3.5.2005 passed by the Nari-o-Shishu Nirjatan Damon Tribunal No.5, Dhaka framing charge against the accused-appellants under section 6(1) of the said Ain on rejection of their application for discharge in Nario-Shishu Case No.98 of 2004 arising out of Mirpur Police Station Case No.80 (9)......e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......Md. Saiful Alam alias Liton and another…………………Appellants Vs. The State……………………Respondent Judgment February 2, 2012. Result: The appeal is dismissed. Lawyers Involved: M. A. Wahab, Advocate - For the Appellants. Yousuf Mahmud Morshed, Assistant..Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......lip;…............................Respondents (In both cases) Judgment February 1, 2012. Result: The appeal is dismissed commuting the sentence of death to imprisonment for life. Conversion of the Conviction There is no scope on the part of the High Court Div......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......an Vs. State, 15 DLR (SC) 51; Nausher Ali Sarder Vs. State, 1987 BLD (AD) 324 = 39 DLR (AD) 194; Abed Ali Vs. State, 1990 BLD (AD) 89 = 42 DLR (AD) 171 and Abul Khair Vs. State, 44 DLR (AD) 225. Lawyers Involved: SM Shahjahan, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......rt of waqf property in perpetuity with prior sanction of the Administrator. The language used in this section is so explicit that the mutawalli can exercise the right of transfer by way of lease for a period exceeding 5 years with prior approval of the Administrator. The words and figure &......bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ...... Vs. State of Madras AIR 1950 SC 27; Hafizuddin Ahmed Vs. M Aslam Miah, 55 DLR 95; Rohit Pulp and Paper Mills Ltd Vs. Collector of Central Excise Baroda, Supreme Court Cases, 1990 Vol. III, 447. Lawyers Involved: Abdul Wadud Ehuiyan, Senior Advocate instructed by Fakhrul Islam, Advocate-on..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)
....ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......€¦â€¦â€¦â€¦â€¦Appellant Vs. Moulavi Aminul Hoque……………………Respondent Judgment January 29, 2012. Result: The appeal is dismissed. Lawyers Involved: No one appears for either of the parties. Criminal Appeal No.5362 of 1991. Judgment Md. Ruhul Quddus J.- T......ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... Moulana Obaidul Mannan………………………Appellant Vs. Moulavi Aminul Hoque……………………Respondent Judgment January 29, 2012. Result: The appeal is dismissed. Lawyers Involved: No one appears for either of the parties. Criminal Appeal No.5362 of 1991. ..Category: Women and Children | Date: 29 Jan, 2012 | Hits: 169
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......r…………………………Opposite parties Judgment January 26, 2012 Result: The Rule is discharged. When First Information Report discloses a prima-facie case against the petitioner, no application under section 5......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......l Quadir Vs. State, 28 DLR (AD) 38; Faruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) page 18; Salma Khatun Vs. The State, 38 DLR page 348; Habibur Rahman Mollah Vs. The State, 62 DLR (AD) 233. Lawyers Involved: M. Amirul Islam, Senior Advocate with Md. Shamim Haider Patwary, Advocate - F..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
Mosharref Hossain Vs. Governor, Bangladesh Bank and others, 2012, 41 CLC (AD)
....ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ......others…………………………………………Respondents Judgment January 26, 2012. Result: The petition is dismissed. When any license is issued to any busiÂness enterprise for the purpose of running any business, it is a pre-condition that Rules, Regulations, terms and co......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ......guaranteed by Articles 31 and 40 of the Constitution does not exonerate or indemnify a license holder from breach of the terms and conditions of the license.....................................(6) Lawyers Involved: Abdur Rub Chowdhury, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate..Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......posed of. The word judgment is not defined in the Arbitration Act. Order XX, rule 4(2) of the Code requires that judgments of all Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section 17 of the Arbitr...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......tive Engineer, Lined Channel Division, (1992) SCMR, 65; Abdul Hakim Khan Vs. Lahore Improvement Trust, The Mall, Lahore, PLD 1950 Lah 32 and Juggilal Vs. General Fiber Dealers, AIR 1962 SC 1123. Lawyers Involved: Syed Amirul Islam with MA Samnd, Senior Advocates, instructed by Md. Naivab A..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
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