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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. ......;od was barred by limitation. 9. The findings of the Administrative Appellate Tribunal are based on proper appreciation of law and fact. 10. We would like to give more explicit reply to the questions raised by the learned Advocate-on-Record for the petitioner. It is important to note that ......ka in Appeal No.34 of 2008 reversing the decision dated 24.01.2008 passed by the Administrative Tribunal, Dhaka in Administrative Tribunal Case No.161 of 2004 allowing the aforesaid case. 2. The facts, leading to the filing of this petition, in a nutshell, are that the petitioner filed the..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. ......s against a vast property left behind by her late husband Badsha Miah which is worth crores, with a view to ascertain the genuineness of the compromise, therefore, we found it proper to put some questions to Rezia Begum since her two daughters were not present before this Court. The lady having......s brought in the list for hearing at that stage an application for recording a decree on compromise was filed before this Court on January 2, 2012. 3. For the purpose of appreciation of the facts involved in this appeal it needs a brief narration thereof and these are, the instant suit bei..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: ......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: ...... the appellants. Learned Judge of the Tribunal framed charge against the accused on the basis of materials available before him. 7. We do not find any illegality in the order challenged. Under the facts and circumstances the appeal merits no consideration and is liable to be dismissed. 8. Acco..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. ......e Conviction There is no scope on the part of the High Court Division to alter the conviction of the appellant The High Court Division is expected to be careful while exercising its power on the question of conversion of the conviction of any accused. Since the state has taken no exception agai......ccused persons of the charge under sections 302/34. These three convicts Muzibur Rahman, Fayzul Haque @ Fazal and Babul obtained leave from the judgment of the High Court Division. 3. Short facts relevant for the disposal of the appeal are that the accused persons were involved in terroris..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. ......prepared by my learned brother Md. Abdul Wahhab Miah J. While agreeing with the conclusion arrived at by my learned brother that the appeal and the connected petition be dismissed, as some vital questions of law are involved in these matters, it is desirable that I should add something of my ow......rnative, a mutawalli of a waqf estate can transfer by lease in perpetuity any part of the waqf property with prior approval of the Administrator. An opinion on the point requires consideration of the facts which are succinctly narrated below: Appellant is a mutawali of a Waqf Estate who institu..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: ......e without permission of his existing first wife. 6. The evidence on record transpires that P.W.6 is an eye-witness, who was allegedly present at the time of solemnization of the second marriage in question. In his evidence he stated that amongst others Moulana Mohammad Shafi was also present at 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: ..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. ...... on the other hand submits that when exercising this Jurisdiction under section 561A of the Code of Criminal Procedure the High Court Division would not embark upon an enquiry whether the evidence in question is reliable or not. This is the function of the trial court and it might so happen that qua......ection 304A/34 of the Penal Code, 1860 now pending in the Court of Additional Sessions Judge, Jhenaidah should not be quashed so far as it relates to the accused petitioner Khalekuzzaman. 2. The facts relevant for disposal of the Rule are as hereunder:- On 30.05.07 a frivolous and maliciou..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
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. ......ntment there it will be assumed to be one for reference to a single arbitrator pursuant to the provisions of Article 1 of the First Schedule of the Arbitration Act, 1940. The pertinent question to raise in such circumstances is how a sole arbitrator be appointed under the provisi......he judgment and decree dated 15-5-2002 passed by the learned Joint District Judge, 5th Court, Dhaka in Title Suit No.1 of 1999 making the award passed by the arbitrator Rule of the Court. 2. The facts for disposal of this appeal, in short, are that in the year 1986, the respondent-RAJUK (the th..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
.... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ......eal Board Rules, 1990 there is no provision for any second review after disposal of the first review application under Rule 5 of the said Rules of 1990 and also holding that the property in question cannot be treated as vested property. 6. Being aggrieved by the judgment and orde......d, as such, it has been illegal for this reason also as no property could be taken over as vested property after 30-10-1984. However, we endorse this view of the High Court Division that in the given facts and circumstances of the case the enlistment of the land in question as vested property h..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....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. ......to an agreement with the other people including defendant No.9, executed a power of attorney giving authority to them to undertake the remaining construction work of the apartment of the project in question and also swore an affidavit to the said effect. 15. The learned Joint District Judge c......ntically for defendant Nos.1, 2, 6, 7 and 8, but could not trace out their whereabouts. And then, on 5-2-2006, the plaintiff served a legal notice upon defendant No.2 and thus tried to inform him all facts in detail and also requested him to take necessary steps by 19-2-2006. Although the said perio..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 ......nd admittedly on that date charge was not framed against the accused-petitioner by any Court particularly the Special Tribunal constituted under the Special Powers Act, 1974 where the offence in question is to be tried. After issuance of the Rule by this time more than 18 years have already bee......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)
....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. ......on. This court finds that an Order (judgment) dismissing an appeal summarily in keeping with the provisions of section 367 must show that court dismissing it, as such applied its judicial mind to the question of fact and law. It has therefore, no power to dismiss such an appeal for default and must ......ibunal (respondent No.2) comprised of Md. Farid Uddin as president and Md. Golam Mawla as member (Judicial) in Customs Appeal No.CEVT/Cus-107 of, 2007 dismissing the appeal for default. 2. Brief facts, necessary for the disposal of the appeal, are as follows; Appellant pursuant to proforma..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....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: ......e respondents effectively took up the matter for coming to a decision and finally the respondents informed the petitioner that they cannot withdraw the decision taken by them. 14. Now, comes the question whether under the facts and circumstances of the present case the principle of Natural Just......aking any notice of the same illegally and arbitrarily cancelled the Money Changer License of the petitioner. 6. The petitioner in the Writ Petition has given a detail and date wise statement of facts about the steps that he had taken after passing of the impugned order. He further submitted th..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. ......red to go deep into merit of these decisions but if the applicants/appellants so advised, they can take legal forum as per provision of law and can agitated their grievance in that forum. A question may be arise on limitation which is mixed question of law and fact and since this applicati......8 arising out of Order No.165 dated 19-3-2008 being related to the same auction sale in between the same parties are taken up together and this judgment would governed both these appeals. 2. The facts are not disputed City Bank Ltd obtained decree against Mobarak Re-rolling Mills Ltd. on 6-11-1..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
...., 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. ......, 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. ......First Appeal No.230 of 2002 before the High Court Division. A Division Bench of the High Court Division, after hearing the learned advocates of both the parties and considering the evidence and other facts and circumstances on record, dismissed the appeal affirming the judgment and decree of the tri..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 ......said statement of claim. After hearing the parties and recording the evidence as adduced by the parties the Arbitral Tribunal unanimously came to decision that to completely adjudicate the dispute in question, an expert opinion is necessary. The Second Party by filing an application before the arbit......rict Judge, Dhaka in Arbitration Miscellaneous Case No. 661 of 2009 allowing the same and thereby reversing the order dated 23-7-2009 passed by the Arbitral Tribunal by majority. 2. The material facts relevant for disposal of the appeal, in short, are that, an agreement was made in between (1) ..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
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: ...... 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: ......spondents opted for exercising the Provisions of Article 12(a), 12(b) of the management agreement which has been accepted by the petitioner. But thereafter the petitioner upon ascertaining misleading facts filed the instant application and obtained the interim injunction restraining the respondent f..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....iscellaneous Case No.9522 of 2009, and Criminal Miscellaneous Case No.24730 of 2009 are taken together for disposal in one Judgment since the question of law and facts involved in those cases are identical in nature and the rules, so issued, are also found to be in the same language both in word......riminal Miscellaneous Case No.9523 of 2009, Criminal Miscellaneous Case No.9522 of 2009, and Criminal Miscellaneous Case No.24730 of 2009 are taken together for disposal in one Judgment since the question of law and facts involved in those cases are identical in nature and the rules, so issued, ......s Case No.9523 of 2009, Criminal Miscellaneous Case No.9522 of 2009, and Criminal Miscellaneous Case No.24730 of 2009 are taken together for disposal in one Judgment since the question of law and facts involved in those cases are identical in nature and the rules, so issued, are also found to be..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
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. ...... that the earlier time period stipulated had been extended by implication, and any rights accruing had been waived, otherwise, the last legal notice would not have been necessary. Hence, there was no question of the suit being barred by limitation. Moreover, it appears from the cross examination of ......refrom were heard together and disposed of by the single judgment impugned herein. Hence, both the appeals were heard by this Division simultaneously and are disposed of by this judgment. 3. The facts leading to the litigation may be stated briefly as follows: The plot of land in dispute m..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. ......h law. But it appears that the plaintiff-petitioner did not raise any objection as to genuineness of this exhibit-'Ka1'. In this leave petition there is no statement or submission at all questioning the genuineness of this old registered decd-the exhibit 'Ka1'. However, it appea...... to appeal has been directed against the judgment and order dated 21.01.2010 passed by a Single Bench of the High Court Division in Civil Revision No.185 of 2008 making the rule absolute. 2. The facts necessary for disposal of this civil petition for leave to appeal are as follows:- 3. Thi..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
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