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SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)
....tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ......he differential amount and accordingly the petitioner vide Annexure- 'K' to the Supplementary Affidavit furnished the Bank Guarantee and got the goods released and thereafter as per law he placed his case before the review committee but the review committee as envisaged in Annexure-'L' of the Supple......tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ..Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......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 in the same language bo......ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ..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. ......section 35(c) of the Specific Relief Act, the seller could have sued to rescind the contract only if the Purchaser defaulted in payment of the agreed purchase money. He points out that in the instant case the Purchaser paid Tk. 20,00,000/- at the time of execution of the deed of agreement for sale, ......ee in Title Suit No.4 of 1998 passed by the Subordinate Judge (now Joint District Judge), Additional Court, Dhaka. 2. Both the appeals arise out of litigation between the same parties concerning land situated at Plot No.6, Block No. NW (A), Road No.69, Gulshan Model Town, Dhaka. Title Suit No. ..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. ......usive, inoperative and not binding upon the plaintiff and 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 Aru......12 in favour of the predecessor of the defendant Nos.1 to 11 is forged, collusive, inoperative and not binding upon the plaintiff and 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, i..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... 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: ......ngladesh. Truth has it that many state functionaries, even those who are inferior to SC judges in the warrant of precedence, are being allowed to receive overseas medical treatments in appropriate cases. There has been occasions when Secretaries to the government have been flown to overseas medi......at no authority could have arrived at it if the it applied its mind with rational perspective. We are of the view that rationality would be compromised if one fails to come out of the cloud cuckoo land in this regard. We, for ourselves, being inclined to echo Lord Diplocks view, are swayed to len..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ......n Ali J Md. Shamsul Huda J Mohammad Noor-E-Alam Jahangir, English Teacher Rifles Public School and College,Dhaka....................................................Petitioner (In both the cases) Vs. Government of Bangladesh, represented by the Secretary, Ministry of Home Affair......ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ..Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90
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. ......427/302/114/324 of the Penal Code and also submitted another Charge-Sheet No.89(ka) under sections 3/4 of the Explosive Substance Act against the accused-persons including the accused-petitioner. The case proceeded to trial before the sessions Judge, Madaripur and charge was framed on 5.11.2005 unde......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. ......of Corruption Act, 1947, was started against the accused-respondent No.1 (hereinafter referred to as the accused). After investigation, the Durniti Daman Commission submitted charge-sheet in the case against the accused on 12-1-2009 under section 161 of the Penal Code read with section 5(2) of ......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. ......ed in the schedule of the sale deed in question, and the non-mentioning of any such government or public road in the schedule of the sale deed in question disproves the purchaser's case that the land transferred and the land of the pre-emptors being intervened by a government......ellip;……........Respondents Order January 2, 2012. Result: The Civil Petition for leave to appeal be dismissed. Whether the pre-emptors owned and possessed any land contiguous to the land transferred. The schedule of the sale deed in question is an import..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. ......Rule was issued by this Court about quashment of the proceeding of Special Case No.2 of 1993 pending in the Court of Sessions Judge and Senior Special Judge, Munshiganj, and further proceeding of the case was also stayed. 3. The facts relevant for disposal of the Rule are briefly stated below. ......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. ......l before the Sessions Judge, Hobiganj along with 9 (nine) others and was charged under section 302/34 of the Penal Code to which he pleaded not guilty and claimed to be tried. 3. The prosecution case as stated by P.W.1, the informant (hereinafter referred to as the P.W.) is that Anguri Khatun, ......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. ......f the Penal Code and sentencing him to suffer rigorous imprisonment for one year with a fine of Taka 6,800 in default to suffer rigorous imprisonment for two months more. 2. The prosecution case as stated in the First Information Report (FIR), in brief, is that, on 11-2-2003 the Upazila Pr...... 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. ....... Since the judgment debtor failed to pay the decretal amount within the prescribed time the decree holder bank put that decree into execution in Title Execution Case No.99 of 2000. In that execution case the mortgaged properties were put in auction as many as five times but could not be sold as non......itioner filed an application before the Cantonment Board, Dhaka for mutation of her name. During pendency of the said mutation case the petitioner came to know about the auction sale of her purchased land and then she filed the application under Order XXI Rule 90 of the Code of Civil Procedure prayi..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
....
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.
......principle established by previous decisions which has already been found to be an erroneous one. The rule of stare decisis is not so imperative or inflexible as to preclude a departure there from any case; but its application must be determined in the light of the merit of each case and the previous......
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
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
.... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ......it petition challenging an office order vide memo dated 17.12.2002 cancelling fixation of his pay under F.R.22(a)(i) as Project Director and all other subsequent fixation of his pay. 3. The case, as stated in the writ petition, in short, was that the writ petitioner was appointed as Thana ...... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......nd as to why a direction in the nature of mandamus should not be issued to BJMC to re-instate him in his service without unavoidable delay. The Rule was issued in the terms of the prayer. 3. The case of the petitioner as made out in the writ petition was that he was appointed on July 1, 1972 as......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......ly seeks a direction on from this Division that the appeal should be admitted and disposed of on merit in accordance with law. In support of her contention the learned counsel refers to the case of Usha Chemical Industries Ltd., Vs. Bangladesh reported in 63 DLR 563 and also an unreported......directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ...... Enayet Hossain and others, 17 BLD (AD) 44 = 2 BLC (AD) 16; Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir, 62 DLR (AD) 290; Habibur Rahman Molla Vs. State 61 DLR 1; Tarique Rahman’s case 63 DLR (AD) 18. Lawyers Involved: Rafique-ul-Huq with Moudud Ahmed with AM Mahb......e and gave it to Zia Orphanage Trust, Bogra, which was deposited to the said Trust account in the Sonali Bank, Gulshan on 15-11-93. Tk. 4(four) lac was withdrawn from that account on 4-12-93 and some land was purchased for Zia Orphanage Trust spending Tk.2,77,000 only. From the years 1993 to 20..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
.... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ......: The petition is dismissed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); ss. 439 (4) & 439A An order passed by the Sessions Judge or Additional Sessions Judge, as the case may be, under section 439 A of the Code of Criminal Procedure is not amenable to the revisional...... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ......ioner preferred this writ petition and obtained the Rule as aforesaid. 4. The respondents did not file affidavit-in-opposition controverting the statements made in the writ petition. 5. The case of the respondents discloses from the submission of the learned Deputy Attorney General, in as ......ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
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