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Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
....n Nos. 575, 576, 577and 578 of 2009). Judgment SK Sinha J. - The delay in filing of these leave petitions is condoned. Since the parties and the point of law involved in these petitions are identical, these petitions are disposed of analogously. The question arose in this way. The petition......Sinha J. - The delay in filing of these leave petitions is condoned. Since the parties and the point of law involved in these petitions are identical, these petitions are disposed of analogously. The question arose in this way. The petitioner was tried before the Joint Metropolitan Sessions Judge, D...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... 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: ......r the same appears to have been taken in a discriminatory manner without considering the cases of the other dignitaries according to the hierarchy in the Warrant of Precedence. Hence, whenever the question of up-gradation of any dignitary from economy class to executive class without payment of ......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..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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. ......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. ......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..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. ......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. ......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. ......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)
....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. ......e delay was not within the meaning of section 30 of the Arbitration Act read with Article 158 of the Limitation Act but that is closed chapter we are not opening that fact/dispute again. 7. On the question of submitting security, latest decision of High Court Division is that unless there be any ......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..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ...... Judge, Rajbari allowing the Criminal Revision No.54 of 1995 being illegal be set-aside and the Judgment and order of acquittal dated 29-08-1995 in GR Case No.54 of 1996 be confirmed. 12. The only question that survives for the determination in this case is whether the inherent power under sectio......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 ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ......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..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. ......with section 29(2) of the Limitation Act in the case of Abu Basher Vs. Investment Corporation of Bangladesh and another reported in 52 DLR (AD) 178 is the correct statement of law." 8. So the only question which will have to be answered in this appeal is whether Section 14 of the Limitation Act i......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. ..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
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 dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......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..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
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. ......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. ......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..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 ...... of summons in the suit, it was no function of the High Court Division to sit in appeal over this finding while exercising revisional jurisdiction. The High Court Division was only concerned with the question as to whether the appellate Court in giving that finding, committed any error of law result......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 ..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. ...... writ petition should be discharged outright. 6. We have heard the learned counsel for both sides and considered their submissions. Perused the related papers filed in that connection. The question whether writ petition is maintainable against the private bank is a settled issue. The ques......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. ..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. ......ers Vs. Mozammel Haque and others............Respondents Judgment February 23, 2012. Result: This petition is disposed. Since the writ petitioners are the lessees of the land in question on yearly basis, they cannot be evicted at any time. Though they could not and did not acqu......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. ..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:
......s annexed at page 15 of the
affidavit in opposition under which this money is realized. However he admitted
that there is no legislative authority to back up this realization.
For us, the only question is whether realisation of
so-called user fees at the public hospitals are within lawful au......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:
..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
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. ...... expert's opinion. If it requires an expert's opinion for ends of justice, the High Court Division may obtain such opinion for the purpose of effectually and completely adjudicate upon and settle all questions involved in the suit. It can send the disputed signatures appearing in the deed of agreeme......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. ..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
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 ......ivy Council in the case of Bipradas pal Chowdhury Vs. Kamaini Kumar Lahiri, AIR 1922 PC 48 and Lala Hakim Rai Vs. Lala Ganga Ram, AIR 1942 PC 61" The Court further held: "The next question comes as to whether the Court will grant any interest on this amount for the period beginni......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..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
....e itself.
The way this explanation is being construed by the learned counsel for the petitioners, has the effect of conferring on the Textile Commissioner, an altogether different jurisdiction, not identical with the one already conferred by the enacting provision, that is, to look for substitutes......, falls within the purview of the definition given in section (GA Ga) for the purpose of deciding his status for the loan taken by his company.
20. Now it is to be seen whether the loan liability in question attracts the expression “বাংলাদেশ ব্যাংক কর্তৃক ......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..
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.
.........(39)
Constitution of Bangladesh, 1972
Article 102
Maintainability of writ
The agreement between the parties having already merged licences issued by the BTRC, the agreement in question has become a sovereign contract and, as such, writ is maintainable..........(44)
Cases......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..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
....ision in the Case of BCIC Vs. Sattar Match Works reported in 44 DLR (AD) 208 laid the principle as to refusal to register similar trademark by registrar in the following language:
"Registration of identical or similar trademark-Such registration in favour of two persons -About the propriety of su......nquilab and Daily Ittefaq. The proprietor of Trade mark No.31112 in Class-32 also advertised the product through the various Indian TV Channels which are seen in Bangladesh everyday and therefore, no question of non-use of Trade mark arises at all.
18. The learned Advocate Mr. A.B.M Shamsud Doula...... 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..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
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