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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. ......he subjects of review (বিষয়) the order of the Land Appeal Board. From rule 5, it further appears that while considering the application for review the Full Board must see that the applicant full filled the conditions as mandated therein and if not the application would deserve no consider......of land as mentioned hereinbefore. This was a fraudulent endeavour behind the back of said Moqbul Ahmed and others. The miscellaneous case was twice rejected, but somehow Abdus Sattar Chowdhury managed to have the case decided in his favour beyond the knowledge of Moqbol Ahmed and others. Moqbul..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)
....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. ......rmination from the service and submits that those orders of termination were made without giving any stigma against the writ petitioners and that too, they were terminated on different dates giving full benefits in lieu of notice required by the Regulations and therefore, the finding of the High......not be declared illegal. IV. Because in deciding the instant cases on the point of termination the High Court Division has failed to take into consideration the decision reported in 43 DLR (AD) page 154". 10. Security of Tk. 1,000/- for each case is to be deposited within 1(one) month. ..Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ......y;phous and vague. Neither he is an accused, nor a prospective accused before the ICT nor he has any possibility of being implicated in any case before the International Crime Tribunal as his present age, according to him, is 41 years. The milestone case in our jurisdiction on the question of locus ..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....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. ......h 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, full brother of Mr. Abul Kalam Azad, Judicial Magistrate, Pabna (now Judicial Magistrate, Borguna) ......mity in order to materialize the revenge against the accused petitioner cannot be entertained…………………..(20) Cases Referred to- Md. Abdul Mannan Sarker Vs. the State, 6 MLR page 279; Habib (Md.) and another Vs. State represented by the Deputy Commissioner, 52 DLR page 105..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
.... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
...... the machineries of the plant, which do not satisfy the actual requirement and falls short of specification. It is submitted that the tribunal has utterly failed to consider that the purchaser can lawfully reject any goods or any part thereof under the General Conditions of Contract, if fails to pas......ould not ultimately succeed in resolving the dispute. Then the Syndicate of the BSMMU in its 28 meetings on 26-6-2008, discussed the proposal for amicable settlement brining a supplementary agenda and decided to accept the washing plant subject to the certain conditions! The claimant-compa..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)
....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. ......ompanygonj, Noakhali stating, inter alia, that he is a co-sharer tenant to the case holding by way of inheritance and purchase. Because of misunderstanding, the seller-respondent No.3, Rai Mohan Das (full brother of the pre-emptor) without serving any notice upon the pre-emptor transferred the case ......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
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
.... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ...... PK Chakraborty Vs. AP Chowdhury 1981 BLD (AD) 19 = 1981 BCR (AD) 41; Primal Ramjan Das Vs. Nasima Khatun 49 DLR (AD) 144 = 1997 MLR 112; Ramjan Ali Mistry Vs. Md. Hedayetullah 31 DLR (AD) 183; Profulla Kumar Chakraborty Vs. Anil Proshad Choudhury, 33 DLR 55; Nurul Islam Vs. Ali Hossain Mian, 50 ......s when the respondent paid Taka 1,00,000, which is more than double the monthly rent, further the appellant has taken the plea of waiver at the earliest opportunity, that is, at the trial stage can be seen from paragraph No. 3 of the written statement. iii) the final burden to prove t..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....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 ......which I have quoted may, at least, be taken to emphasize the essential requirements that the tribunal should be impartial and that the medical practitioner who is impugned should be given a full and fair opportunity of being heard". 47. In Kanda Vs. Government of Federation of Ma...... was pointed out in paragraph 20.4 that Prof. Muhammad Yunus and Mr. Md. Khaled Shams had been performing as Managing Director and Deputy Managing Director respectively who had attained the age of superannuation as they had exceeded the age of 60 (sixty) years as per Regulations and that t..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......ve examined the Exhibit 'Ga' series. The agreement for lease between the plaintiff's mother and the defendant has been marked as Exhibit 1. I have gone through the said agreement very carefully. As per the terms of agreement the defendant had to pay rent for each month by the first day o...... landlord and tenant between himself and another person by attornment, that is to say, by acknowledging that he is tenant to that other person. Halsbury's law of England 3rd Edition vol. 23 Page 408. We have already seen that, the house Rent control case No.1 of 1992 was started during cont..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
.... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68.
......dvocate ".
Respondent No.10 and respondent Nos.7-12 became the shareholder Directors of Exim Bank on 02.06.1999, that is, when the company came into being and they all completed their three full terms as sponsor Directors of the Exim Bank and as per the law prior to the amendment brought i......insertions of the name of respondent No.13, namely, Mrs. Nasreen Islam, wife of Mr. Nazrul Islam Mazumder in the list of the Board of Directors of respondent No.1 bank published in the Diary-2009 at pages-41 and 42 showing her appointment on 01.12, 2008 (Annexure-'C-3') although during the p..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... 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. ......suit was decreed ex-parte on 12-9-2001, final decree was drawn up on 13.4.2003 but the Company (the petitioner) did not take any step whatsoever to pay the decretal dues although the petitioner had full knowledge about the aforesaid facts. Due to non-payment of the decretal dues, the Bank filed ...... dues, the Bank filed Title Execution Case No.160 of 2003 and the execution case was disposed of by issuing a certificate under section 33(5) of the Ain for khas possession and right to sell the mortgaged property in favour of the Bank on 24-2-2008. Thereafter the Bank filed Title Execution Case No...Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
........Respondent Judgment April 1, 2012. Result: The appeal is dismissed. Nari-o-Shishu Nirjatan Daman Ain, 2000. Section 7 of the Ain, 2000 concerns abduction of any woman or child for any of the purposes mentioned in section 5 of the Ain. Section 8 of the Ain, 2000...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
.... accused-petitioner in clear language. The complainant also submitted a medical certificate in support of her pregnancy, which caused as a result of rape allegedly committed on her. In our society, a woman generally does not raise any false allegation touching her own reputation and character. In su......s, or rape committed on the victim-complainant, these are all questions of facts to be determined in due course of trial. Moreover, charge has not yet been framed in the instant case. The Tribunal is fully competent to see whether the materials before it are satisfactory to proceed against the petit......ss, Gha anchal, Bogra alleging, inter alia, that the accused-petitioner Md. Mostafa was her cousin brother. She visited her aunt’s (also the mother of accused) house on 12.1.1996, when taking advantage of his mother’s absence, the petitioner suddenly grasped her tight from backside, pushed a pie..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
.... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 113.
...... by the High Court Division in Writ Petition No.7625 of 2009).
Judgment
SK Sinha J. - Leave was granted to consider the question whether the High Court Division was justified in giving full relief to the writ petitioners without affording the appellants an opportunity of being he......o consider the other judgments of the High Court Division, if there be any.
6. In that case, it was urged on behalf of the Government that some of the writ petitioners did not attain the minimum age for appointment in the service of Republic and some of them were already over aged for bein..
Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151
Commissioner of Customs and another Vs. Equity Construction Pvt. Ltd., 2012, 41 CLC (AD)
....extended till disposal of the appeal. Let this appeal be heard along with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ......extended till disposal of the appeal. Let this appeal be heard along with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ......ds imported by the writ petitioners being a vehicle for special purpose named as "Mixture Lorry" falling under H.S. Code No.8705.40.00 and as per Import Policy the import of such vehicle beyond the age of 4 years is not allowed and the imported vehicles being contraband items, the said goods havin..Category: Fiscal/Taxation Law | Date: 15 Mar, 2012 | Hits: 87
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
.... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ......;tariff’ system and the 'individualization' measures are considered in an 'either-or' fashion as in the united the United Kingdom (Thomas, DA, Principles of Sentencing, Ed.1970 pages 3-7). This involves the sentence in two decisions-primary and secondary. The first determines o..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
....t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......having found all satisfactory renewed the insurance coverage for Tk. 1,15,00,000/- against DOS policy and for Tk.35,80,000/- against MBD policy. The premiums against DOS and MBD policies were paid in full on 06.05.1992. That the plaintiff made a contract being contract No.GP-0024 (A) on 16.04.1992 w......ment of premiums. The rate of premiums was fixed by the defendant No.1 and those premiums were paid regularly by debiting from the account of the plaintiff. The defendant No.1 issued policies, coverage note, premiums receipts and all other necessary papers in respect of coverage of risk of DOS a..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....y title on the basis of said baina. 4. In the appeal, learned Joint District Judge, who heard the appeal, allowed the appeal and decreed the suit on the finding inter alia that plaintiff being a woman, can not remember the Dags excepting the khatian and baina was acted upon. 5. Mr. Zafar S......5 passed by the learned Assistant Judge, 4th Court, Sadar, Naogaon. 2. The case of plaintiff is that Prasanna Kumar Pramanik was the original owner of the suit land and on his death his sons, Profullah and Suresh became the owner of entire suit properly. Profullah exchanged 0.63/acres of land w......s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191 21 BLT (HCD) (2013) 39 ..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
....e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
......ver Article 11 of the Constitution
of the Republic speaks of the peoples right to medical treatment. So the
authorities can not obstruct this right. Rather it is the duty of the
government to give full support for arranging better treatment in the
government hospitals. The user fees are being in......ng realized for a
long time without any legislative authority whatsoever.
21. Mr. Abdul Baset Majumder, learned Advocate submitted
that there is an executive order of 1954 which is annexed at page 15 of the
affidavit in opposition under which this money is realized. However he admitted
that..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ......ourt held as follows; "From the provisions of this section it appears that the Court has been empowered to grant interest form the date of the suit to the date of the decree and then on the full amount which includes the amount claimed on the date of the suit and the interest thereon grant......dent did not appear before this Court but during trial the defendant contested the suit and raised specific objection against the Bank regarding the delay in presenting the document with the shipping agent. It has been specifically raised by the defendant that because of the lacuna and laches of the..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
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