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Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)

....ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ......udgment and order dated 19-8-2002 raised by the same Bench. On 2-4-2003, the High Court Division recalled its earlier judgment and order dated 19-8-2002 and restored the Rule to its original file and number. On 21-4-2003, the High Court Division discharged the Rule holding that concurrent findings o..

Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88

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. ......scribed as plaintiffs and the respondents as the defendants. Facts relevant for the disposal of these petitions are as under: 3. Plaintiff’s predecessor instituted Title Suit No.189 of 1974, renumbered as Title Suit No.88 of 1999, seeking nullity of a deed dated 29th June, 1974 executed by th..

Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119

Swadhin Chandra Mandal and others Vs. Bangladesh University Grants Commission (UGC), 2012, 41 CLC (HCD)

....gy University be allowed to continue with their regular studies accordingly. However, there shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 166. ......g been satisfied as to the feasibility of the opening up of the said Department. He further submits mat for this new Department the PSTU has completed the admission of all its students, who are 30 in number, for this academic year on 26-1-2012 before noon by dint of the order of stay on the impugned..

Category: Others | Date: 14 Mar, 2012 | Hits: 5

Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ......es 27, 29 and 31 of the Constitution. It is further alleged that due to the operation of the impugned decision of the Biman Authority many other dignitaries were subjected to humiliation on a good number of occasions and as such the petitioner thought it necessary to introduce a general system i..

Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17

Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)

.... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:    ......sition of the amended clause as after object clause No. ....................despite the fact that the relevant borrowing power is available at object clause No....................... Therefore, the number of the amended clause shall be .................... under article III of Memorandum of Asso..

Category: Company Law | Date: 4 Mar, 2012 | Hits: 28

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

....gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ...... are vague and incorrect and no information on this account was sent by CIB to the Returning Officer. 13. The appellant has claimed that he was duly elected Member of Parliament securing the highest number of votes with a difference of more than seventy-six thousand votes compared to that of respon..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......n was detected by the minor children of Razia after attainment their majority so they have legiti­mately brought the second suit namely the present one before us being Title Suit No. 92 of 2000 renumbered as Title Suit No. 155 of 2001 for set­ting-aside the fraudulent decree obtained in the ..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

Human Rights and Peace for Bangladesh (HRPB) Vs. The Mayor, Dhaka City Corporation and others, 2012, 41 CLC (HCD)

....can be treated as a public interest litigation, and the necessity of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:...... suppose, quite entitled to take judicial notice of the fact that Dhaka traffic management is in a state of disarray. Plentitude of reasons are attributable for such a shamble. Absence of adequate number of car parks, is, arguably one of the major contributing factors in this regard. 11. It..

Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ......ice of Assistant Commissioner (Land) of Sadar Upazila as void, ineffective and collusive. Eventually, the suit was transferred to the Court of Subordinate Judge and Artha Rin Adalat, Sylhet and was renumbered as Title Suit No.26 of 1992. 55. The case of the plaintiff as made out in the plaint, ..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)

....ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......t for a couple of days with name of the Advocate for appellant. Today it is taken up for hearing, but no one appears for either of the parties. Record shows that this appeal was filed in 1989 and was numbered as Criminal Appeal No.42 of 1989. Subsequently it was renumbered with its present number, p..

Category: Women and Children | Date: 29 Jan, 2012 | Hits: 169

MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)

.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......f 1999 making the award passed by the arbitrator Rule of the Court. 2. The facts for disposal of this appeal, in short, are that in the year 1986, the respondent-RAJUK (the then DIT) undertook a number of survey and planning projects in different areas of Dhaka intending to implement those proj..

Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7

Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)

....t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......d on the ground of violation of the principle of hear the other side or fair hearing. After hearing the respondent the Government could have omitted his name from the notification as it was done in a number of cases. The respondent's case is that his case is not at all different from those persons w..

Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179

Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)

....ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ...... a witness, sentence for life imprisonment does not appear to be convincing. 15. On critical sifting of the evidence on record, we are of the view that there is insufficiency of evidence. The poor number of prosecution witnesses who are examined also failed to prove the allegation against the app..

Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155

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. ......e different, namely, the application of the Anti-Corruption Act, 2004 and the Anti-Corruption Rules, 2007 to the relevant Special Case the trial of which had advanced considerably by examination of a number of P.Ws. Secondly, in the present case, we have found that the extension made by the learned ..

Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80

Moulana Motiur Rahman Nizami and another Vs. Anti-Corruption Commission and another, 2011, 40 CLC (HCD)

.... 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. ......(28) Proof of Mens Rea In the true nature of things it is not always possible to prove dishonest intention without the help of any evidence, oral or circumstantial. It can only be proved by number of circumstances for which a reason­able inference can be drawn. There is no doubt that m..

Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96

Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)

....ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......officer to initiate proceedings against the informant appellant under section 17 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 is hereby set aside. 22. In our little experience we see that a large number of the Judges of the Nari-o-Shishu Nirjatan Daman Tribunal have been committing the above err..

Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70

Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)

....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......facts (emphasis added) after considering all the circumstances." 9. By judicial pronouncements it is now set­tled that if the circumstantial evidence are far from satisfactory and suffered from a number of infirmi­ty, the Court is left with no option other than to acquit the accused. Circumstan..

Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190

Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)

.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ...... M Enayetur Kahim J. - By filing 3(three) sep­arate applications under section 561A of the Code of Criminal Procedure, three accused-persons of Sessions Case No.607 of 1997, subsequently re­numbered as sessions Case No.558 of 1999, arising out of complaint petition Case No.1081 of 1997 obt..

Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9

Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)

....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......ub-ordinate Judge, now Joint District Judge and Artha Rin Adalat, Sylhet in Title Suit No.43 of 1999, decreeing the suit. 2. The respondents as plaintiffs instituted Title Suit No.43 of 1999 (re-numbered) before the Joint District Judge, Artha Rin Adalat, Sylhet impleading the appellants along ..

Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7

Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)

....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......regard to the dealing which have taken place between the parties................................." 26. However, the doctrine of promissory estoppel has been invoked by this Division in a number of cases.  The case of Collector of Customs, Custom House, Chittagong and others Vs. A...

Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18