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Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......an interfere only if the decision taken by the authority is found to be arbitrary, unreasonable or in gross abuse of power or in violation of the principles of natural justice and not taken in public interest. (vi) The statement or practice must be shown to be applicable and relevant to the cas..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
.... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... No.3 who is in possession of the suit land. The plaintiff previously instituted two suits against the defendants, and having lost those has filed the instant suit. The plaintiff has no right, title, interest and possession in the suit property and there was no cause of action to file the suit and t..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ......our corners of the FIR and charge sheet there is no allegation that these accused petitioners obtained any valuable things or pecuniary advantages out of this procurement. The petitioner acted in the interest of the public; in no way connected with this alleged offence of incurring financial lose to..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ......as already been reappeared long before. Being inspired by the said wrong record the Tahashilder of the defendant government of Bangladesh on 15-11-2005 claimed the suit disowning the right, title and interest of the plaintiffs. Hence the plaintiffs filed the original suit for declaration of title. ..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ......howdhury J. — This Rule Nisi was issued at the instance of the petitioner AKM Mahtabul Islam a voter of Cox's Bazar Pourashava who claims himself to be a social worker having imminence interest in the local politics. On 16-6-2011 rule was issued in the following terms:— &qu..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......gainful if we look at Article 36 of the Constitution of Peoples' Republic of Bangladesh. Article 36 provides that:— "Subject to any reasonable restriction imposed by law in public interest, every citizen shall have the right to move freely throughout Bangladesh, to reside an..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......r further submits that the company (respondent No.1) is a public company limited by shares and listed with the stock exchanges there are many stake holders including the ordinary share holders, whose interest being affected. These two plaintiffs have filed the 2 separate suits at the behest of the i..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ......against him in order that he may be given opportunity of explaining them. The examination of an accused under this provision is not intended to be an idle formality; it has to be carried out in the interest of justice and fair play to the accused. In the case in hand the trial court treated the ..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ......ion is directed against an order of the Company Court of the High Court Division in a Company matter. Petitioner moved a petition under section 233 of the Companies Act, 1994 for protection of his interest being a minority share holder against the respondents seeking a direction upon the Registr..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138 ......huge loss in his business which the petitioner informed repeatedly to the respondent No.2, Bank. Thereafter, the petitioner on 12-2-2009 made a prayer to the respondent No. 2, Bank to reduce his interest which was rejected on 2-3-2009. The respondent No. 2, Bank then issued a final notice on 27..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ......dance with the judgment and order passed in said writ petition. But the contemnors instead of implementing the judgment and order of High Court Division have taken several steps against the interest of cadre officers including the petitioners and in favour of the departmental promotes. ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ......hellip;…......Opposite-Party Judgment December 2, 2012. Result: The Rule is disposed of. When examination of the Magistrate is necessary For the interest of the justice, if the learned judge feels that the examination of the Magistrate is necess..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ......resentations so made bona fidely make investment and thereafter if the State Government resile from such benefits, then it certainly is an act of unfairness and arbitrariness. Consideration of public interest and the fact that there cannot be any estoppel against a Statute are exceptions." ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......nt No.1 admitted at the time of hearing of the amendment petition on 09.05.2002 that those two letters dated 17.05.1998 and 07.06.1998 were written by him. The respondent No.1 represented conflicting interests. The Tribunal passed its judgment and order based on official record of the government and..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......ot be resurrected, though de-novo process could be, but was not, initiated. 43. Although in view of our above finding there is no need to proceed further, we are, nevertheless inclined, for the interest of totality, to address the residual aspect of Mr. Islam’s submission. 44. Acco..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......n of the learned Attorney-General that the writ-petitioners had no locus standi to file the writ petition as they were not personally aggrieved holding that "the petitioners have sufficient interest and are aggrieved by the actions of the respondents." In taking the said view the High..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
.... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ......nted by the Manager, Manasa Bazar Branch, Bagerhat as plaintiff instituted Artha Rin Case No.23 of 2001 before Artha Rin Adalat No.1, Bagerhat for recovery of its dues amounting to Taka 1,17,176 with interest on the averments that Gokul Chandra Roy availed of loan from Rupali Bank Limited, Monsa Baz..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ...... of that plot appertaining to another Khatian a co-sharer tenant can file a preemption case under section 24 of the Non-Agricultural Tenancy Act notwithstanding the fact that he does not have any interest in that khatian. The words "one or more co-sharer tenants of such land" occurring in sect..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ......situation a Division Bench observed:— "On going to the materials on record it transpires that the bank instituted Artha Rin Suit No. 67 of 2005 for realization of Taka 25, 06,408 with interest against the defendant. The suit was decreed ex-parte on 18-9-2005, the bank then put the de..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ...... the Court when the appeal was called on for hearing. 22. Another plank of attack made by Mr. MA Hannan, the learned Advocate for the respondent No.1 that the present appellant has no subsisting interest in the case land as she transferred the case land by executing a Ewaz Deed on 29-01-2009 an..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2