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

....stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......ion. 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 action of the President or the Government, as the case may be, must be based on some rational, reasonable, fair and relevant principle which is non di..

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)

....e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......was drawn up on 28-06-2000. Since the defendant-judgment debtor failed to pay the decreetal amount, the decree-holder Bank on 31-01-2001 filed Artha Rin Execution Case No.02 of 2001. In the Execution case after completion of all legal formalities, notice was published for sale of the mortgaged prope..

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

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

....e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......er……………………………Respondent Judgment April 17, 2012. Result: The appeals are allowed. Maintainability of writ petition where specific criminal case has already been started When a specific criminal case is started and now pending befor..

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)

.... 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. ...... land and for permanent injunc­tion and also for declaration that the set­tlement of the suit land as enemy proper­ty in favour of the defendant No.3 by the defendant No.2 was illegal. 4. The case of the plaintiffs, in short, was that Sree Sree Radha Madhab Jew Deity the defendant No.4 was t..

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

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

....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. ......Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioners. (In Civil Petition No. 397 of 2010) Md. Aftab Hossain, Advocate-on-Record-For the Respondents. (In both the cases) Civil Petition for Leave to Appeal No. 94 of 2010. With Civil Petition for Le..

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

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

....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. ......n No.642 of 2009) filed pre-emption Miscellaneous Case No.17 of 1999 in the court of Senior Assistant Judge, Begumgonj, Noakhali stating, inter alia, that the vendor respondent No.6 trans­ferred the case land measuring an area of 36 decimals to the pre-emptee-respondent Nos.2 to 5 by registered kab..

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

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

....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. ...... tenants were parted with possession in the suit premises. The defendant started paying rent as per the terms of the agreement and were possessing the suit premises. It is the plaintiff's further case, that he purchased the shares of his other brothers and sisters by 2 registered kabala deeds da..

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

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

....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. ......ments Judge, Court No.7, Dhaka. In those appeals the Commission prayed for addition as respondent on the ground that it being an independent organization having power to inquire, investigate, conduct cases and life appeals against appealed orders of the Special Judge is a necessary party with a view..

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

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

..... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ......the same time, the customs authorities cannot sit over the matter and they have to act in the matter as detailed in bidhi 21 of the Bidhimala after the Bill of Entry is registered. In the instant case, when the customs authorities got a secret information that the goods in question were importe..

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)

....tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ......Assistant Inspector General, of police sent a letter vide Memo No. R and M/8-2007(part)/1768 (23) dated 11.10.2007 to the all con­cerned Range and District to forward the details of the departmental cases of the petitioners who were included in the Range approved list for promotion between 1997 to ..

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

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

....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. ......sp;        Result: The appeal is allowed. FIR cannot be used as substantive piece of evidence FIR is the earlier version of the prosecu­tion case and the statements made therein can be looked into with a view to find the prose­cution sto..

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

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

....e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135   ......n the specified time if these educational institutions fulfill the requirements. . . . . . . (12) Lawyers Involved: B. Hossain, Advocate-on-Record—For the Petition­ers (In all the cases) Abu Siddique, Advocate-on-Record-For Respon­dent No.1 (In Civil Petition No. 356 of ..

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

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

....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. ......s directed against the judgment and order dated 11.11.2007 passed by the High Court Division in Criminal Miscellaneous Case No.3280 of 2002 making the Rule absolute. 2. The relevant facts of the case, in brief, are that a petition of complaint was filed by the Securities and Exchange Commission..

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

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

....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. ......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)

.... 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. ......rs, respondent Nos.7-12 have kept the MoU under their possession and in spite of repeated request, they did not give any authenticated copy to them for which petitioner No.3 already filed a complaint case before the Chief Metropolitan Magistrate, Dhaka being CR No.7404 of 2008. The circulars issued ..

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

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

....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. ...... 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 138/140 of the Act, 1881 and issued summons again..

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

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

.... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ......নী/গার্মেন্টস/১০৭৮dated 22-9-2010 (Annexure-E to the Writ Petition) and thus unlawful and is of no legal effect. 3. Material facts necessary for disposal of the case are as follows:- The petitioner, ABC Attire Limited (hereinafter stated as the Company) i..

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

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. ......s imprison­ment for 1(one) month more, in Nari-o-Shishu Case No.224 of 2010 arising out of Rajpara Thana Case No.33 dated 25-8-2010 corresponding to MGR Case No.1046 of 2010. 2. The prosecution case, in brief, is that on 5-6-2010 at about 10.00 hours at night the victim Amena Khatun has been b..

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: ...... 53 acres of land in C.S. plot No.167 and accreted land an area of 13 decimals of land in total area of 66 decimals of land in the said suit plot and he mutated his name on 18.04.1985 vide a mutation case being No.1354 of 1981-82 and paid rent regularly to the Government. He possessed the suit land ..

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: ......k cognizance of offence under sections 481, 482 and 483 of the Code and issued process against the petitioners. They surrendered before the Magistrate on 5.11.1997 and obtained bail. Subsequently the case was transferred to Mrs. Nandita Das, Magistrate of first class for trial and therefrom it was t..

Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218