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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. ...... to 6 contested the rule by filing affidavit-in-opposition. Their case, in short, was that the writ petitioners were in possession of the land in question by virtue of temporary lease only and that according to the terms and conditions of the said yearly lease the writ petitioners could be evi......is 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 acquire any right to get permanent lease of this land, they can apply to the proper authority for getting permanent se......ision quoted above be expunged. 11. The respondents, however, are directed to consider the prayer of the writ petitioners for getting permanent lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. ..Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
....ed by any law. Moreover it is contrary to the provisions of the
Constitution of Bangladesh. Hence it is liable to be declared illegal and
without lawful authority.
12. It is in the interest of justice that in order to meet
the purpose of the writ petition and effective solution of the matter......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:
.......
Lawyers Involved:
Manzill
Murshid, Advocate-For
the petitioner.
Abdul Baset Majumder with M. Sayed Ahmed, Advocate-for the
Respondent No. 5.
A.B.M.
Altaf Hossain, Deputy Attorney General with Ms. Yehida Zaman, Assistant
Attorney General-For the Respondents.
Writ
P......man rights and to work for the poor people, to give legal support to
the helpless people, and to build up awareness amongst the people about their
rights etc.
4. The petitioners are practicing lawyer of this Hon’ble
Court, human rights activist and conscious citizen of the country. They ar..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....to reduce the docket. It cannot be said that the evidence on record are not sufficient to determine the suit finally in the absence of 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 complete......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. ......Court all or any of the powers conferred on a trial Court. The powers of the High Court Division sitting on appeal under section 107 are the same as that of the trial Court. This power has been given to the appellate Court with a view to minimize the harassment of the parties to the litigation and......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 ......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 ......ique J Sonali Bank…………………………………………….Appellants Vs. Habib Medical Store and Others………………. Respondent Judgment Febru......as the normal banking practice as such, the impugned judgment, and decree is liable 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 circum..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
....gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......ompany of which he is only a Director since he himself personally was not a defaulter.
II. The High Court Division has committed illegality in not considering the chain of regularization of the loan according to the letter dated 26.12.2006 and as per the order of injunction of the High Court Divisi......rdingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......Ali, learned Senior Advocate, appearing on behalf of respondent No.1, supporting the impugned judgment, submits as follows:
I. Having considered the evidence on record and the relevant provision of law the High Court Division came to a finding that the appellant is a loan defaulter and as such, he..
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.
......ed, amongst others, the Market Competition Factor (MCF), a new charge applicable to all mobile cellular operators including the Grameen Phone depending on the quantum of their market-share, and, accordingly, fixed 1.48 as MCF for the Grameen Phone. However, as the BTRC by the irnpugned memo dat......iginal Jurisdiction)
Present:
Farid Ahmed J
Sheikh Hassan Arif J
Grameen Phone Ltd...............................Petitioner
Vs.
Bangladesh Telecommunication Regulatory Commission (BTRC) and others……...............Respondents
Judgment
......ssigned Spectrum (7.4 MHz-1800 band) to the petitioner 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,..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
....rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
......, Saudi Arabia, Bahrain, Qatar, Singapore, Malaysia, Sri Lanka, Nepal and many other countries and the Trade mark "FROOTI" is internationally used by the respondent No.1 in more than 30 countries and accordingly the Trade mark of the respondent No.1 "FROOTI" was duly registered and renewed in Bangla......me "FROOTI", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
......ld be no direction under Section 46 of the Act with regard to registration of trademark."
35. Therefore, the show cause notice as served upon the petitioner appears to have been served without any lawful basis. There is no conflict in between these two Trade Names nor the public at large will be ..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
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. ......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. ......cretary, Ministry of Agriculture and others..........................................Respondents Judgment February 9, 2012. Result: The Petition is dismissed. Cases Referred to- Canada Sugar Refining Co Vs. R (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 100......from 08.01.2008 and that the case having been filed beyond that period 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 lear..Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
..... 13. Referring to the aforesaid provision of the Constitution the Supreme Law of the Land. 14. Mr. Farooqui submits that the Constitution provides sanction for correction of old pattern of justice in order to adopt the new method, ends of justice should not be blurred by the means of just...... undue influence upon the respondents but having left with no power of resistance to such aggression upon their legitimate right of inheritance over the property left behind by their admitted father, according to Muslim Family Law of Inheritance. 8. The situation arose and reflected before the ......mp; Others……………….....Respondents Judgment February 7, 2012. Result: The appeal is disposed of with Directions. Cases Referred to- Harjinder Singh Vs. Punjab State Warehousing Corporation CDG Law Journal 210 (SC) 462; Ramo...... ছাড়া কেহ নাই। আমরা নিরুপায়”। The reply given by the lady to the Court attracted serious attention of both the Bar and Bench since more than dozen lawyers both seniors and juniors were present before the Court at that time. Leaving no scope for an..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: ...... This Case is also Reported in: ...... 2004 is hereby maintained. The order of stay dated 26.1.2006 passed at the time of admission of this appeal is vacated. The 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 Cas..Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....nything in respect of Babul. He confined his submission on the question of sentence of Muzibur Rahman and submitted that his sentence should be commuted to imprisonment for life for ends of justice. His contention is that facts proved by the prosecution do not call for his capital &nb...... considerable time. Learned counsel argued the appeal in a slip-shot manner without at all entering into the merit of the case, as if, the commutation of sentence is a routine work, which can be done according to the Court's volition if the appeal is not pressed on merit. Learned counsel has pre......... ………............................Respondents (In both cases) Judgment February 1, 2012. Result: The appeal is dismissed commuting the sentence of death to imprisonment for life. Conversion of the Conviction There is no scope on the part of th......e. On the day of occurrence at about 7-30 pm, the victim along with some other persons were in a tea stall of Fayzul Haque (P.W.3) when the accused persons being armed with deadly weapons formed an unlawful assembly and mercilessly assaulted him with deadly weapons that caused his death. ..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. ......e sanction by the Administrator shall not validate any transfer which is in contravention of any other law for the time being in force or is otherwise invalidate............. (77) No bar in according sanction by the Administrator of Waqfs to the mutawalli of a waqf estate to transfer its i......ry 1, 2012. Result: The appeal and the leave petition are dismissed. A mutawalli cannot grant lease of any part of waqf property in perpetuity with prior sanction of the Administrator. The language used in this section is so explicit that the mutawalli can exercise the right of t......e Administrator of Waqfs, proviso to the section has given a further rider that even the sanction by the Administrator shall not validate any transfer which is in contravention of any other law for the time being in force or is otherwise invalidate............. (77) No bar in accordin..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)
....e the allegation of second marriage. 8. An appeal against acquittal may be entertained when the impugned judgment is perverse or so unreasonable that its maintenance would amount to miscarriage of justice. It can be allowed only in exceptional circumstances, when the inference of guilt is irresis......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: ......h the reason of such renumbering is not recorded. However, in view of its long pendency for more than twenty-two years, we take it up for disposal even in absence of the parties. 3. Facts leading to this appeal, in brief, are that the appellant filed a petition of complaint before the Sadar Upaz......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. ......s mother and recorded their statements under section 161 of the Code of Criminal Procedure. 5. The investigating officer upon investigation found prima facie case against the accused persons and accordingly filed on 27.02.08 Charge Sheet against them under sections 304-A/34 of the Penal Code. A......discloses a prima-facie case against the petitioner, no application under section 561A of the Code of Criminal procedure is at all maintainable...............................(17) Cases Referred to- Abdul Quadir Vs. State, 28 DLR (AD) 38; Faruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) ...... the Penal Code. After charge-sheet was submitted the accused were put to trial before the court of the learned Additional Sessions Judge, Jhenidah upon charges framed under the aforesaid sections of law. 6. On 22.05.08 accused-petitioner filed an application under section 265C of the Code of C..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
Mosharref Hossain Vs. Governor, Bangladesh Bank and others, 2012, 41 CLC (AD)
....ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ......overnor, Bangladesh Bank and others…………………………………………Respondents Judgment January 26, 2012. Result: The petition is dismissed. When any license is issued to any business enterprise for the purpose of running any business, it is a pre-condition that Rul......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ..Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....ence remains pending and has not been superseded under section 19 of the Act and the arbitration agreement subsists. Having considered the facts and circumstances of the case, in the interest of justice, we are of the view that both the appellant and respondent are at liberty to apply to the Co......sed by the High Court Division cannot be sustained in law and the same is liable to be set aside. II. That the Trial Court having found that the award has been rightly made by the arbitrator and accordingly made the award a Rule of the Court but the High Court Division failed to consider the at......f all Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section 17 of the Arbitration Act empowers the Court to pronounce judgment after the time for making an application to set aside the award has expired or......ppear with proper letter of authorization. It was also intimated to the parties that no further extension of time would be allowed because of time limitation for disposal of the case as per law. The respondent did not appear on 27-8-1998 and the sole arbitrator then proceeded ex-parte and ..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. ...... 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. ......r Khondaker Saiful Huq, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For Respondent No.1 None represented—For Respondent Nos.2-9. Civil Petition for Leave to Appeal No.1911 of 2009. (From the judgment and order dated 7-7-2009 passed by the High Court......he High Court Division Nawabgonj Government College represented by its Principal has preferred this civil petition for leave to appeal on the main contention that the High Court Division has erred in law in holding that there is no scope for a further review after disposal of the first review, that ..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. ......o purchase a flat being No.2/A, Tulip DOHS, Street No.6/B (Banani) within Cantonment Police Station. The sale price of the above flat was fixed at Taka 30, 00,000. A tripartite agreement was executed accordingly. The plaintiff paid a sum of taka 8, 00,000 (eight lac) to defendant No.2 in 6(six) inst......Mahmudul Islam, Senior Advocate instructed by Syed Mahbuar Rahman, Advocate-on-Record—For Respondent No.1. None represented—For Respondent Nos.2-10. Civil Petition for Leave to Appeal No. 530 of 2011. (From the judgment and order dated the 8th day of June, 2010 passed ......completed; third party to whom the suit flat was sold being a bonafide purchaser for value, was a necessary party in the suit, but he was not made a party. Therefore, the suit was not maintainable in law and the same was liable to be dismissed on that ground alone. He has lastly submitted that since..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 ......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 ......u (Md.) ...................Petitioner Vs. State.............................Opposite-Party Judgment January 18, 2012. Result: The Rule is discharged. Cases Referred to- Md Shamim Vs.State, 19 BLD 542; Monir Hossain Vs.State, 53 DLR 411; Abdul Monem Chowdhury @......r. Khan also tried to impress us that since those decisions were passed by the Appellate Division in leave Petitions and in a summary manner, that cannot be treated or considered as the declared law as contemplated in Article 111 of the Constitution of the People's Republic of Bangladesh. W..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. ......es 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 issued Clean Report of Findings (CRF) Certi...... (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Warid Telecom International Ltd....................Appellant Vs. Commissioner of Customs and others………........Respondents Judgment January 18, 2012. ......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 dispose of the appeal..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
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