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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.   ......n the suit claim was made for the land of CS dag No.223/369 of area of land 7080 Ajutangsha. Out of this area of land, plaintiff's claim is for 473 Ajutangsha of land. The CS recorded owners paid rents and taxes of land in question to the concerned authority in time and enjoyed the same peaceful..

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

Nalu Vs. State, 2012, 41 CLC (AD)

....ce of occurrence, prepared the sketch map of the place of occurrence with separate index, held inquest on the dead body and prepared inquest report, seized alamots and prepared seizure list, recorded statements of the witnesses under section 161 of the Code of Criminal Procedure. Police arrested two......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111

Md. Mozaffor Hossen and another Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....y, inasmuch as the investigation could not be completed within the stipulated period of 60 (sixty) days as provided under rule 10 of the Anti-Corruption Commission Rules, 2007. 2. In view of the statements so made in the writ petition Mr. Muntasir Uddin Ahmed, the learned Advocate appearing for......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23

Marsu Ltd and another Vs. Waliullah, FCA, Partner of M/s. Malek Siddique Wali Chartered Accountant and Receiver of Marsu Ltd, 2012, 41 CLC (HCD)

....ring the submission of the learned Advocate and the fact that the contemner has offered unconditional apology at the very inception and has assured that he would sub­mit a report of the financial statements including income and expenditure statements within the next 7 seven days and further cons......is acquitted from the charges brought against him. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ..

Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5

Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)

....evision, and then the petitioner filed the writ petition, but from the impugned judgment and order passed in the writ petition, it does not appear that the learned Judges, at all, considered the said statements made in the writ petition and applied their mind to the pertinent legal aspect as to whet......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143

Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)

....sustained upon the confessional statement made by another co-accused. In the case in 39 DLR (AD) 195, mentioned above/on the basis of confessional statement one Nousher Ali (who made two confessional statements one extra judicial and  another judicial) names of Nuru and another Jalil were discl...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10

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

....petitioner No.1 is a bona fide purchaser of the disputed property for valuable consideration and that he has acquired no title in pursuance of the disputed deed. The writ-petitioner made inconsistent statements at different stages and such inconsistencies are reflected in the averments of the writ-p......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

Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)

....dance with the aforesaid memos and the petitioner was not recruited against the said posts for unknown reasons. 10. No affidavit-in-opposition has been filed by the respondents controverting the statements made in the Writ Petition. 11. Dr. Md. Bashir Ullah, learned Assistant Attorney-Gene......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148   ..

Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3

Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)

....rt Division by filing Writ Petition No.4546 of 2012 and obtained Rule Nisi. 5. Writ-respondent Nos.1, 2 and 4 entered appearance by filing affidavit-in-opposition contro­verting the material statements made in the writ petition. Their case, in short, is that some names of the voters appeare......ended till 30th July,2012 or till publication of the election result in the offi­cial Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70.  ..

Category: Others | Date: 18 Jun, 2012 | Hits: 7

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

.... He also denied executing the deed of sale in presence of the witnesses. Hence the plaintiff filed the suit. 4. Defendant No.1 contested the suit by filing written statement denying the material statements made in the plaint. His case, in short, is that the suit is bad for defect of parties and...... 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

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. ......ease deed there was an option of renewal of lease for a further period of 25 years. The lessees were deliv­ered possession of that land and since then they had been possessing the same by pay­ing rents to the Government. Md. Sirajul Islam Chowdhury subsequently died leav­ing the writ petition..

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

Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)

....eeing with Bridwood, J, sentenced the offender only for an attempt under section 307 of the Penal Code. 26. The High Court Division on appreciation of the evidence on record and the confessional statements of the appellants came to the conclu­sion that "the act of the convict appellant......the meaning of section 32 read with section 43 of the Penal Code. 20. In the case in hand, the admitted case of the parties is that convict Mehedi Hasan had loved Trisha but the latter and her parents did not like it and as a result, the convict with a view to abduct her for the purpose of marr..

Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30

Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)

....t, the Accounts Manager of the respondent Nos.1 and 2 notified the petitioner regarding the delay of delivery of the goods under the said purchase order by so many e-mails which was nothing but false statements made by him. Due to such activity of the respondent No.1 the petitioner is entitled to li......the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ..

Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61

PHP Float Glass Industries Ltd Vs. Commissioner Customs, Excise and VAT and others, 2012, 41 CLC (HCD)

....having no legal effect. 29. Since the appeal is pending before the Customs, Excise & VAT Appellate Tribunal and could not proceed due to the filing of this writ petition as is evident from a statements to that effect accorded in the petitioner's Supplementary Affidavit, even though ther...... from the date of receipt of a certi­fied copy of this judgment and order. Communicate this judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 478 ..

Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3

Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)

.... from Ashar, 1377. The defendants have no right, title and interest in the suit land. Hence is the suit. 4. Defendant No.1 contested the suit by filing a written statement denying all the mate­rial statements made in the plaint. The case of this defendant, in short, is that Ainuddin Miaji and Omar...... the lands. The plaintiffs' further case is that Mohesh Chandra Narayan Chowdhury gave an ejara of land of Ander Manik Mouza of the Niskor Taluk to one Ainuddin Patwary for 17 years for collection of rents from the tenants by patta kabuliyat dated 29th Poush 1292 BS marked as Exhibit-3, but before t..

Category: Property Law | Date: 30 May, 2012 | Hits: 33

Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)

.... detenues and the appeals are liable to be dismissed. 12. We have perused the leave petitions, impugned judgments and orders passed by the High Court Division, leave granting order, con­cise statements filed by the appellants and other materials on record. The first question to decide is wh...... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ..

Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5

Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)

....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......0/609 covering an area of 37.66 acres of land appertaining to C.S. khatian No.211 of mouza Tejkunipara, District-Dhaka originally belonged to Satinath Bandapaddya alias Sagor Babu; for arrear of rents the said land was put to auction sale and one Promode Bala Devi purchased the same who, while..

Category: Property Law | Date: 29 May, 2012 | Hits: 12

Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379.   ......r Abdul Aziz took settlement of 0.2385 acre land of CS Plot No.1075 as under Raiyat under Satish Chandra Datta and Ramesh Chandra Datta. The father of the petitioner was possessing the land by paying rents to the original tenants by rent receipts. In the year 1971 during me Liberation War the rent r..

Category: Others | Date: 22 May, 2012 | Hits: 9

Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)

....ted fundamen­tal error in failing to notice that the facts involved in Civil Petition No.354 of 2004 and the other judgments considered by the High Court Division are quite distinguish­able and the statements of law argued in those cases are not applicable to these cases. 7. In respect of the......ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ..

Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135

Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)

....he case land on 25.03.2003 and hence the case for pre-emption. 3. Respondent Nos. 1 and 2 as the pre-emptees contested the pre-emption case by filing a written objection denying all the material statements of the application for pre-emption contending, inter alia, that the pre-emption applicati......l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ..

Category: Property Law | Date: 10 May, 2012 | Hits: 7