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Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....nt No.2, he told that Mr. Atiqur Rahman was abroad and he would be able to get the agreement signed by him after his return from abroad and she need not be worried over the matter and accordingly, on good faith, the plaintiff kept herself waiting. After some days when the plaintiff gave tagid to def......্থিত প্রতিকার পাইতে বাদী হকদার কি না? 9. The learned Joint District Judge considering the pleadings of the parties and the evidence on record, oral and documentary, decided all issues in favour of the plaintiff and decreed the suit by ......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ...... The said application was registered as criminal Miscellaneous Case No.1313 of 1992. When the Criminal Miscellaneous Case No.1313 of 1993 was pending before the learned Sessions Judge, Dhaka the case record was sent to the senior Special Tribunal, Dhaka, and the case was registered as Spec......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....ed on 22-9-2006 though Emirates Airlines vide an airway bill under HS Code No.8471.80.00. 3. In view of section 25B of the Customs Act, 1969 ("Act") it is mandatory to inspect the said goods through pre-shipment agency and accordingly respondent No.4 inspected the said goods and issue......ng in support of the same is found not to have persued the proper way of disposing of the Appeal. And whereas further the Order (Judgment) of the Appellate Tribunal has not touched on the evidence on record at all and has not taken into consideration the grounds of appeal the judgment, there is no s......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....isional stage. If the statute conferring the power is silent with regard to the giving of a pre-decisional hearing to the person affected the administrative decision after post-decisional hearing was good.” 18. In Abdul A'la Moudoodi Vs. West Pakistan, 17 Act (SC) 209, Farid sons Ltd. Vs. Pak......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ...... or by necessary implication by any statute. (Emphasis supplied) 19. Further in the case of Fazal Bhai Vs. Custodian General, AIR 1961 SC 1397 it was held that where the statute does not require service of notice and the person sought to be affected has already filed a representation, the quest..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ......d final decree dated 15-10-1996, Appellant applicants earlier moved before this Court in Writ Petition No.319 of 2008 and also some other legal proceedings under different law forum. 8. From the records it appears that the application was filed by the applicants not for setting-aside the decree......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
....ill in force. The further case of the defendant was that he used to carry on business with the father of the plaintiff in Al-Faisal Real Estate and Housing Limited and as such he and his brothers had good relation with the father of the plaintiff. That the father of the plaintiff, on the plea that h......on of the suit land forcibly and as such the defendant filed a complain petition against the father of the plaintiff and his brother Prodip Barua @ Bappi on 11.07.2000 in the police station which was recorded as G. D. No.677. That the defendant never delivered possession of the suit land to the plai......, 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 ...... reference was started. The First Party claimant submitted his statement of claim. In reply the Second Party filed written-objection against the said statement of claim. After hearing the parties and recording the evidence as adduced by the parties the Arbitral Tribunal unanimously came to decision ......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: ......ry Affairs to provide legal aid to the appellants in jail appeals, submits that the case against the appellants have not been proved by any eyewitness. After the alleged kidnap, the informant did not record any General Diary and the story of rescue of the child was not proved by the witnesses whose ......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: ...... with any others for establishing “Hilton” brand hotel in Bangladesh. Therefore the instant application is required to be rejected. We have heard the learned Advocate, perused the materials on record. 9. It appears that the petitioner and the respondents executed a management agreement on ...... 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
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... 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. ......r party appeared to be diligent or overly eager in completing the sale of the suit property. The stipulated period of one year within which to conclude the sale ended on 19th December, 1987. From the record we do not find evidence of any action taken by either party immediately or soon thereafter. W...... 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. ......d also for declaration of plaintiff's title in .47 acre of land by virtue of registered deed of exchange dated 24.05.1998. 4. The case of the plaintiff, in short, was that the suit jote recorded in C.S. Khatian No.106 of mouza Arulia, District-Bogra was recorded in the name of Syed Alt......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. ..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s are susceptible. The state can not absolve liability in this respect, as it is in performance of the state duties that they make themselves vulnerable to such misfortune. The state must act as a good Samaritan to protect the health of the functionaries who are performing distinctively pivotal ...... 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
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
....per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......ssions of the learned Counsel for the petitioner and the learned Deputy Attorney General for the respondents and perused the impugned judgment of the High Court Division and other connected papers on record. 9. The provisions for transferring the case under the Druto Bichar Tribunal Ain, 2002 a......per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
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. ......e them in accordance with law and to get the relevant documents proved by the witnesses in support of the prosecution case and to place the argument before the Court with reference to the evidence on record and the law. He cannot have and must not have any role to dispense justice by a Court and the......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. ..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ...... and 2. 9. Mr. Mahbubey Alam has mainly argued that the petitioners are not at all owners of any land contiguous to the land transferred, that there are sufficient evidence and materials on record to prove that there is a public road in between the land transferred and the land of the......e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....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. ......ker of the Bureau conducted the investigation and, on 10-1-1993, submitted charge sheet dated 30-12-1992 under those sections in the Court of Magistrate. 5. On 23-1-1993, the case record was sent to the learned Sessions Judge who, on 18-4-1993, framed charge under section 409 of ......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. ......y General, appearing for the State supported the impugned judgment and order confirming the sentence of death awarded to the petitioner by the trial Court. 10. We have perused the materials on record including the testimony of the P.Ws. From the inquest report, the post mortem report and the ......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. ...... and fell into an error in taking decision to convict the appellant under section 409 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. It also appears from the record that the investigation was held by an incompetent officer who admittedly at the relevant time...... 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. ..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
....record." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ......ant No.2 not only committed a fraud on the present petitioner he also practiced fraud upon the plaintiff bank and thus the allegation of fraud and material irregularity is apparent on the face of the record." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of pap......record." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
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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.
......r inherent powers do not confer any arbitrary jurisdiction on the Court to act or to materialise of its own way of thinking. These are the matters which can be examined only by the concerned Court on recording the evidence adduced by the prosecution. The High Court Division should not be called upon......
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.
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Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
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