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Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)

....udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68.     ......udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68.     ..

Category: Property Law | Date: 8 Oct, 2012 | Hits: 8

Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)

....sued the cheques and they are prima facie responsible for non-payment of the cheque amount in favour of the complainant. Whether the accused-petitioners were responsible for non-payment of money is a disputed question of fact, which is a matter of trial and evidence, and the same may be gone into du......the case in accordance with law. Let a copy of this judgment be communi­cated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ..

Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21

Government of the People's Republic of Bangladesh Vs. Dr. Prodip Kumar Roy and others, 2012, 41 CLC (HCD)

....The order of statue quo granted by this Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 231. ......The order of statue quo granted by this Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 231. ..

Category: Property Law | Date: 7 Oct, 2012 | Hits: 5

Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)

....ption Commission Act, does not create any bar to serve such notice on the person in custody. Whether the accused petitioner got fair and reasonable opportunity to respond to the notice is essentially disputed facts and such dispute cannot be decided in this present forum. The accused-petitioner shal......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ..

Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95

Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....rum Assignment fee for the respective spectrum allocation assigned in favour of the respective spectrum allocations assigned in favour of the Writ Petitioner-Company on different occasions. Moreover, disputed spectrum allocation of 2.6 MHz in 1800 Frequency Band in favour of the Writ Petitioner-Comp......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148.     ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19

Jnanendra Nath Barai Vs. The Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2012, 41 CLC (HCD)

.... at-once to the court concerned for information and necessary action. 33. Send back the Lower Court's Record immediately. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 3 ...... at-once to the court concerned for information and necessary action. 33. Send back the Lower Court's Record immediately. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 3 ..

Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3

Government of Bangla­desh Vs. ATM Mannan and another, 2012, 41 CLC (AD)

.... property and that the Government has no obligation either to deny the facts alleged by the claimant or to disclose the basis of treating the property as abandoned property merely because the same is disputed by the claimant…………………………………(21) Cases Referred to- Gov......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..

Category: Property Law | Date: 8 Aug, 2012 | Hits: 84

Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)

....ths and in fact, they worked years together for 7/8 years. The High Court Division counted the days for which the respective petitioner worked as have been noted hereinbefore, the appellants have not disputed the said findings of the High Court Division except stating in a vague manner that none of ......d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ..

Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18

Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)

....1994) Section 43(3) In accordance with the provisions of sub-section 3 of section 43 of the Companies Act, 1994 the court has power to ascertain the title of the parties in respect of their disputed shares…........ (9) Lawyers Involved: Aklitar Imam, Advocate—For the...... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477.     ..

Category: Company Law | Date: 6 Aug, 2012 | Hits: 8

Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)

....accused and other persons whose acts, statements or writ­ings are sought to be given in evidence against him, entered into a formal consultation or agreement to commit the offence. It is also not disputed that direct evidence is seldom avail­able in view of the fact that a conspiracy to com&......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ..

Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36

Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)

....his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308.       ......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308.       ..

Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5

Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)

....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ..

Category: Property Law | Date: 25 Jul, 2012 | Hits: 10

Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)

....h Court Division is justified in invoking its writ jurisdiction to interfere with the order of Revenue/Settlement Officer who had directed to change the record of rights prepared in respect of the disputed property in question and declared the same as abandoned property. 2. The writ petiti......nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33.  ..

Category: Property Law | Date: 17 Jul, 2012 | Hits: 8

Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)

....ecified and the bank while executing the sale deed by practicing fraud included R.S. Plot No.553 which is the homestead of the petitioners and not included in the mortgage deed and unless and until disputed property is partitioned by a properly constituted suit, the auction purchasers cannot acq......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ..

Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16

Government of the People’s Republic of Bangladesh Vs. Orex Network Limited and others, 2012, 41 CLC (AD)

.... and the oral gift dated 01.01.1988 by Khawaja Md. Zarrar in favour of his wife were not proved and that the High Court Division without giving any finding in respect of the oral gifts found that the disputed property was wrongly listed in the ‘kha’ list of the abandoned buildings. He go......al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 20 Jun, 2012 | Hits: 94

AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)

.....11 dated 23-3-2003 noticed about filing of an application by the defendant for expert opinion in respect of the signatures appearing in the 'bainapatra' and also directed the plaintiff to submit the disputed 'bainapatra' to the Court and the 'bainapatra' was filed on 31-3-2003 but the Court did not...... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ..

Category: Property Law | Date: 13 Jun, 2012 | Hits: 27

Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)

....07. Judgment Surendra Kumar Sinha J. - Defendant is the appellant before us and he has challenged an order of the High Court Division allowing the plaintiffs prayer for examination of the disputed thumb impressions appearing in an unregistered deed of gift in exercise of revisional jur......parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ..

Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8

Secretary, Ministry of Land, People's Republic of Bangladesh and others Vs. Saiful Islam Chowdhury and others, 2012, 41 CLC (AD)

.... view of the above, 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) 832. ......tion challenging the proceeding of Miscellaneous Case No.147 of 2004-2005 and the order dated 22.03.2005 passed therein for taking over the lease-hold land of the writ peti­tioners under the khas khatian of the Government (the annexure-G). 3. The case of the writ petitioners, in short, wa..

Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5

Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

....n only be elected by the majority electorates of a constituency. Consi­dering this aspect this Division may kindly be pleased to review its judgment and order and pass order for fresh poll in the disputed constituency. 25. Mr. M Amirul Islam, learned Senior Advocate, appearing on behalf of ...... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ..

Category: Election Law | Date: 5 Jun, 2012 | Hits: 217

Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)

.... hearing the par­ties was of the view that the Magistrate took cognizance of the offence on being satisfied that the complaint was made after compliance of formalities and that the petitioner raised disputed question of facts which can only be decided on evidence. Learned counsel appearing for the ......n have dis­charged the rule on assigning proper rea­sons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ..

Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40