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Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)

....he question arises whether an authority under the Constitution has acted with the limit of its power or exceeded it or the power has been exercised without application of mind and mechanically or the order in question is a mala fide one or the order has been passed on some extrane­ous consideration......Court.………………….(34 & 38) The Court cannot direct the President how he is to exercise the power under Article 49 of the Constitution. Similarly, the Court also can not direct the Government how they exercise the power under section 401 of the Code of Criminal Procedure. But the ..

Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98

Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)

....ion No. 429 of 2010) None represented—For the Respondent (For Civil Petition No. 640 of 2010) Civil Petition for Leave to Appeal Nos. 429 with 640 of 2010. (From the judgment and order dated 18.11.2009 passed by the High Court Division in Writ Petition No.7309 of 2006) Judg.......75 decimals of land each from the suit khatian/plot by a registered deed of partition deed 08-09-1986. This respondent had been in posses­sion thereof by mutating his name and paying rent to the Government. By constructing a shop thereon he had been in possession of same through his tenant. All..

Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151

Government of Bangladesh and oth­ers Vs. Md. Badal and another, 2012, 41 CLC (AD)

....slam Sujan, Advocate with Mahbub Ali, Advocate instructed by Zainul Abedin, Advocate-on-Record—For the Respondents. (In all cases) Civil Appeal Nos.14-19 of 2005. (From the judgment and order dated the 21st day of May, 2003 passed by the High Court Division in Writ Petition Nos.6410, ...... (Civil) Present: Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J   Shamsul Huda J   Government of Bangladesh and oth­ers........Appellants Vs. Md. Badal and another………..

Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20

Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)

....iyum, Senior Advocate with him) instructed by Giasuddin Ahmed, Advocate-on-Record—For the Respondents (as added). Civil Petition for Leave to Appeal No.1645 of 2010. From the judgment and order dated 06.12.2009 passed by the High Court Division in Civil Revision No.985 of 1981.) Jud...... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ..

Category: Property Law | Date: 16 Apr, 2012 | Hits: 72

Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)

....Record-For the Respondents. (In both the cases) Civil Petition for Leave to Appeal No. 94 of 2010. With Civil Petition for Leave to Appeal No. 397 of 2010. (From the judgment and order dated 06.12.2009 passed by the High Court Division in Civil Revision Nos.3492 & 3650 of 20......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ..

Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92

Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)

.... Petition No.642 of 2009). Not represented-Respondents (In Civil Petition No. 684 of 2009). Civil Petition for Leave to Appeal Nos.642 of 2009 with 684 of 2009. (From the judgment and order dated 14.01.2009 passed by the High Court Division in Civil Revision Nos.1-302 of 2003 and 130......eposited within 1 (one) month. The petitioners are permitted to pre­pare the paper book out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ..

Category: Property Law | Date: 15 Apr, 2012 | Hits: 149

Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)

....e as to why the judgment and decree dated 20-4-1999 passed by the Senior Assistant Judge, Sadar, Mymensingh in Small Cause Court Suit No.7 of 1996 should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal......ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ..

Category: Property Law | Date: 12 Apr, 2012 | Hits: 6

Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)

....e-on-record—For the Petitioners No.1 (In Criminal Petition No.234 of 2010). Criminal Petition for Leave to Appeal Nos.190-191 of 2010 with Nos. 233-234 of 2010. (From the judgment and order dated 8-12-2009 passed by the High Court Division in Criminal Appeal No. 3099, 5249, 5250 of 2......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ..

Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212

Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)

....ral, instructed by Md. Zahirul Islam Advocate-on-Record—For the Appellants. Sufia Khatun, Advocate-on-Record—For Respondent. Civil Appeal No. 478 of 2009. (From the judgment and order dated the 7th day of May, 2009 passed by the High Court Division in Writ Petition No.2775 of ......ce is called for with the impugned judgment and order. 10. Admittedly, the goods in question were imported under the Pre-Shipment Inspection Scheme, in short, PSI scheme duly certified by the Government approved PSI agency. Now, a very pertinent question arises as to whether the customs aut..

Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9

Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)

....nstructed by Md. Zahirul Islam, Advocate-on-Record—For Respondent No.1. Not repre­sented-For Respondent Nos.2-12. Civil Petition for Leave to Appeal No.261 of 2011. (From the judgment and order dated 4th May, 2010 passed by the High Court Division in Writ Petition No.7942 of 2009). Or......12) 662. ..

Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120

Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)

....yers Involved: Sarwar Ahmed, Advocate—For the Appellant. Karunamoy Chakma, Deputy Attorney-General—For the Respondent. Jail Appeal No. 2 of 2006 (From the judgment and order dated the 5th and the 6th of July, 2004 passed by the High Court Division in Death Reference N......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ..

Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2

Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)

....12). None Represented—Respondent Nos.2-9 (In Civil Petition No.1988 of 2011) Civil Petition for Leave to Appeal Nos. 350 of 2012, 1988 & 1589 of 2011. (From the judgment and order dated 6-1-2011 passed by the High Court Division in Writ Petition No. 5184 of 2010, from the j......D) (2015) 135   ..

Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13

Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)

....instructed by Muhammad Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented-For Respondents. Criminal Petition for Leave to Appeal No.175 of 2009. (From the judgment and order dated 11th November, 2007 passed by the High Court Division in Criminal Miscellaneous Case No.......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave grant­ing order. Ed. This Case is also Reported in:  9 ADC (2012) 802. ..

Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212

Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)

....None Represented—For the Respondent Nos.1-18. Civil Appeal No.395 of 2010. Judgment Md. Shamsul Huda J.- The instant Civil Petition for Leave to Appeal is directed against the judgment and order dated 19-11-2009 passed by a Single Bench of the High Court Division in Civil Revision No. 221......d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ..

Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30

Md. Mazakat Ali Harun and Others Vs. Export Import Bank of Bangladesh Limited and Others, 2012, 41 CLC (AD)

.... & 9-13. Civil Petition for Leave to Appeal No. 1634 of 2009. Judgment Md. Abdul Wahhab Miah J.- This petition for leave to appeal has been preferred by the petitioners against the order dated 05.08.2009 passed the learned Company Judge in Company Matter No.181 of 2009 rejecting s...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ..

Category: Company Law | Date: 9 Apr, 2012 | Hits: 223

Majad Hossain and another Vs. State, 2012, 41 CLC (AD)

.... 1881 (the Act, 1881). 4. On receipt of the petition of complaint, the Metropolitan Magistrate after examining the complainant under section 200 of the Code of Criminal Procedure (the Code) by his order dated 01.01.2008 took cognizance in the case against the accused-petitioner under sections 138......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ..

Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618

ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....he Guidelines dated 29-9-2010. Hence, this Writ Petition. 4. The petitioner subsequently filed an appli­cation for issuance of supplementary rule stating that after issuance of the rule with an order of stay, the petitioner communicated the same to the Bank and came to know that the mortgaged ......্তানী/গার্মেন্টস/১০৭৮22-9-2010 with some guidelines (hereinafter mentioned as the Guidelines) relating to loan of 85 garments industries as per direction of the Government vide Memo No.অম/ব্যাআ প্রবি/ঋঃরুঃশিঃ অধিশ..

Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45

Rakibul Islam Vs. State, 2012, 41 CLC (HCD)

.... Criminal Appeal No.1966 of 2011. Judgment Md. Rezaul Hasan J.- This appeal, preferred under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000, is directed against the Judgment and order of conviction and sentence dated 2-4-2011 (signed on 5-4-2011) passed by the Bicharak, Nari-o-......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. ..

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: ......ry J KM Kamrul Kader J M/S. Talukder Chemicals Limited, represented by its Managing Director, Mozzamel Haque Talukder alias H.M. Talukder…..........Plaintiff-appellants Vs. Government of Bangladesh and others…………............Defendant-respondents..

Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113

Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)

....ign used by them and that of the complainant were not same. The Magistrate heard the application, rejected the same and framed charge against the petitioners under sections 482 and 483 of the Code by order dated 19.3.1998. In that event, the petitioners moved in this Court with the present miscellan...... 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