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Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
.... brother of the complainant but it is very unfortunate that on that day i.e. on 28.12.2010 after hearing the application did not pass any order of bail i.e. did not grant bail or did not reject the prayer but on malafide intention passed an order as “আগামী তাং ০৬/০১/২......e court of Judicial Magistrate, Cognizance Court No.1 Pabna should not be quashed and/or pass such other or further order or orders as to this court may seem fit and proper. 2. The short facts for disposal of the Rule is that: On 28.11.2010 one Md. Abdus Samad, son of Md. A. Rahman, fu......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....report of the Advocate Commissioner in evidence but if a party files objection against the report of the Advocate Commissioner and prays for examining him in Court, the Court should always allow such prayer. The evidentiary value of the report of the Advocate Commissioner may vary if the Advocate Co......Judge, First Court, Sylhet in Title Suit No.56 of 1983. 2. The facts involved in the appeal, in brief, are as follows: The appellants herein as the plaintiffs filed Title Suit No.56 of 1983 for declaration of title, confirmation of possession and for permanent injunction in respect of......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....oes not provide any provision for rehearing of a matter which has been dismissed upon hearing the parties on merit, other than hearing of a review petition under Order XXVI Part IV. What is more, the prayer for rehearing is not in conformity with Order XXVI Rule XI of Rules of 1988. As such, this pe......; Exen Industries Vs. CCIE, AIR 1971 SC 1025; Century Spinning Vs. Ulhasnagar Municipal Council AIR 1971 SC 1021; Veerappa Vs. B.P. Dalal AIR 1975 SC.778; Council of Civil Service Unions Vs. Minister for the Civil Service (1984) 3 All KR 935 at 949; Mati Ram Deka Vs. NEF Railways, AIR 1964 S.C.600; ......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....aid Arbitration Miscellaneous case the 1st party filed an application under Order XXXIX, Rules 1 and 2 of the Code of the Civil Procedure and section 7(A), (E) of the Arbitration Act 2001 with a prayer for temporary injunction. The application was filed on 8-9-2010. 5. That against th......n lies against an order passed by the District Judge in an arbitration case as per provision of Arbitration Act, 2001. Special law prevails over general law Arbitration act is a special law for adjudication of the dispute between the parties who agreed for holding of arbitration as such it......py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ......py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....s filed before the competent authority and was placed to the concerned Ministry and before the President; what materials were placed or posted before the President or the Government in support of the prayer of pardon of the petitioner; whether any information as to the dismissal of the Criminal Appe......amining the order of the Ministry of Home Affair's to remit the sentence of the petitioner……………(28) Fugitive from justice A man who seeks justice from the Court of law must come before the Court to agitate his grievance and must surrender first to the process of justice, otherwis......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....04-2004. Then the sale was confirmed on 10-04-2004 on payment of the entire auction money by the auction purchaser-petitioner. On 11-05-2004, the auction purchaser submitted non-judicial stamp with a prayer for an order for preparation of sale certificate and to register the same. The sale certifica......ip;………….........Respondents Nasima Enterprise..................... ...............Respondents Judgment April 19, 2012. Result: The Civil Petitions for Leave to Appeal are dismissed. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, i......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
...., but the office of respondent No.1 failed to act as per provisions of laws and hence the petitioner had no other alternative, but to file the writ petition. 4. Rule was issued in terms of the prayer. 5. The Rule was contested by respondent No.1 by filing an affidavit-in-opposition cote...... the judgment. 2. Facts giving rise to this appeal are as follows: The sole respondent as petitioner (hereinafter referred to as the petitioner) filed the above mentioned writ petition before the High Court Division challenging the inaction of writ-respondent Nos.1-3, appellant Nos.1-....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....ectricity. After the lodging of the FIR the police came, prepared the inquest report of the dead bodies and sent the dead bodies to morgue for post mortem, the dead bodies were buried after Asar prayer. Deceased Abdur Rakib was the “অভিযোগ ক্লার্ক”of the Se......ed by looking at the material contradictions in his testimony from the FIR.......... (15) Justice would be best served if the sentence awarded against the appellant is altered into one for imprisonment for life with fine. The appellant could not be solely saddled with the "s......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)
.... for the year 2005-2006. The college authority subsequently forwarded the relevant documents of the teachers and staffs of the said college to the Secretary, Ministry of Education on 22-2-2010 with a prayer to enlist the college in the MPO list. The Ministry of Education vide memo dated 6-5-2010 iss......s of being heard complying the demand of natural justice. Admittedly, all the three educational institutions in questions were included in the list of MPO by the authority concerned. Before excluding these educational institutions from the list of MPO the authority concerned ought to ......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ..Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
.... (09.06.2008) rejected the application and framed charge against the petitioner under section 138 of the Act, 1881 fixing the next date on 08.07.2008 for examination of witnesses. On this date on the prayer of the accused-petitioner the next date was fixed on 12.08.2008 for examination of witnesses....... Lawyers Involved: SK. Zulfiqur Bulbul Chowdhury, Advocate instructed by Syed Mahhubar Rahman, Advocate-on-Record-For the Petitioners. None represented-For the Respondent. Criminal Petition for Leave to Appeal Nos. 361 And 366 of 2010. Judgment Md. Abdul Wahhab Miah J. - Identical f......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....contending, inter alia, that the rule was issued upon the respondents on 11-11-2010 for disposal of petitioner's applications dated 6-10-2010 in compliance with the Guidelines. Subsequently, on the prayer of the petitioner, supplementary rule was issued on 15-12-2010 for declaration that the exe......pondent No.11. Hosneara Begum - For the Respondent No.9. Writ Petition No.9009 of 2010. Judgment Zinat Ara J.- In the Rule Nisi dated 11-11-2010, the petitioner sought for a direction upon respondent Nos.5-9 to consider/dispose of the petitioner's application dated ...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....n Ain, 2004 the investigation officer submitted charge-sheet being charge-sheet No.282 dated 22-6-2011 under section ২(ট)(অ) and 4(2) of the Money Laundering Protirodh Ain, 2009. 4. On the prayer of the informant the learned Metropolitan Sessions Judge, Dhaka, by his order dated 8-2-2011 ......r or orders as to this Court may seem fit and proper. 2. Facts of the case, in short, are that one Md. Towfiqul Islam, Assistant Director, Anti-Corruption Commission, Head Office, Dhaka, being informant lodged first information report under Section ২(ট)(অ)/৪(২) of the Money Laundering......48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
.... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ......Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1 (In both the cases). For Respondent No.2-9 (In both the cases)—Not represented. Civil Petition for Leave to Appeal Nos.1023-24 of 2010 (From the judgment and order dated 25.8.2009 passed by ......keya Begum executed an agreement in respect of the suit property but the defendant could not produce the existence of such agreement. It is finally argued that the High Court Division erred in law in remanding the suits for fresh trial in failing to consider that a remand cannot be passed as a matte...... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
....rder dated 27-12-2007. The accused petitioner filed an application under section 241A of the Code of Criminal Procedure for discharging her from the case. 5. The learned Magistrate rejecting the prayer for discharge and framed charge against the accused petitioner under section 326/307 of the P......sult: The Rule is made absolute. Inherent power of the High Court Division Both section 151 of the Code of Civil Procedure and section 561A of the Code of Criminal Procedure possess the same formula describing the inherent power except that section 561A adds "or otherwise to secure the ends...... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ...... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7
Category: Property Law | Date: 12 Mar, 2012 | Hits: 94
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....n his post and submitted the joining letter. But the office of the petitioner did allow him to join. After that, he sent his joining letter by registered post on 05.12.1993 to the petitioner with a prayer for accepting his joining letter and allowing him to join. But the petitioner did not allow h......e Petitioner. Abdur Razzaque Khan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No.1. Not represented-For Respondent No.2. Criminal Petition for Leave to Appeal No.113 of 2010. (From the judgment and order dated 18.02.2010 passed by the...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ..Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238