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Ranju Chandra Das Vs. Sree Radha Krishana Gour Netai Prova Jagabondhu Sundr Bigraha, 2013, 42 CLC (HCD)

....17       ......er XXI, rule 58 of the Code of Civil Procedure, at the instance of the 3rd party. 3.  Facts giving rise to this rule in a nutshell are that the opposite-party No. 2 offered to sell her only property through her attorney and the peti­tioner accepted the offer of sale at a consideration ..

Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2

Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)

.... DLR (HCD) (2013) 535 ......ained by an order of injunction from leasing out the land of Maowa Riverport and its foreshore land in any manner and/or such other or further order or orders passed as to this court may seem fit and proper. 2. Mr. SM Rezaul Karim the learned Advocate appearing with Mr. Sheikh Fazle Noor Taposh..

Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3

Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)

....t: The Rule is disposed of. Cases Referred to- Sayed Ahmed Vs. the State, 10 DLR (SC) 12; State of Goa Vs. Babu Thomas, (2005) 8 SCC 130; Baij Nath Prashad Tripathi Vs. State of Bhopal and Sudhakar Dube Vs. State of Bhopal PLD 1957 Supreme Court (India) 406. Lawyers Involved: ......trash Birodhi Ain, 2009, now pending before the 3rc Court of the Special Judge, Dhaka should not be quashed and/ or such other or fur­ther order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of the instant Rule are as follows;— On 25-2..

Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4

Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)

.... of 1999 is illegal. 2. The facts leading to the issuance to the leave in a nutshell; can be stated thus, the plaintiff-petitioner filed the original Title suit alleging that the plaintiff as a landlord on the basis of a written agreement dated 14th June, 1993 entered into a settlement with the......dant he filed an application under Order VI, rule 5 of the Code of Civil Procedure for furnish­ing further and better statement in as much as it was very much applicable as well as acceptable for proper adjudication into the matter in dispute. The learned Advocate for the opposite-party also sub..

Category: Property Law | Date: 6 Mar, 2013 | Hits: 3

Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)

.... The appeal is dismissed. Legitimate expectation The root of the principle of legitimate expectation is constitutional principle of rule of law which requires regularity, predictability and certainty in Government's dealing with the pub­lic…………&helli......ed Senior Advocates, the impugned judg­ment and the materials on record. 11. Before addressing the conflicting sub­missions of the learned Senior Advocates of both the sides, it would be proper to go through the submissions of the learned Advocate, on which, leave was granted as under:&..

Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17

Sayeda Kamrun Jahan Chowdhury Vs. Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittegong and others, 2013, 42 CLC (HCD)

....rul Haque J Md. Badrzzaman J Sayeda Kamrun Jahan Chowdhury.....................Petitioner Vs. Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittaong and others................Respondents Judgment February 26, 2013.   Result......uary 26, 2013.   Result: The Rule is made absolute Setting-Aside Auction Sale on the Ground of Material Irregularity— The decree-holder got the plot numbers of the property correct which was sold in execu­tion of the decree after the confirmation of the sale w..

Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3

Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corpora­tion and others, 2013, 42 CLC (AD)

....inha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Rana Kaiser Siddiq..................Petitioner Vs. Bangladesh Chemical Industries Corpora­tion and others………Respondents Judgment February 14, 2013. Result: ......itioner has any right he could seek remedy before the civil Court, not in the instant writ petition. The findings arrived at and the decision made by the High Court Division having been based on proper appreciation of law and facts do not call for interference. Accordingly, this civil peti..

Category: Others | Date: 14 Feb, 2013 | Hits: 10

Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)

....his Case is also Reported in: 18 BLC (HCD) (2013) 386.   ......9 passed by the learned Assistant Judge, Muladi, Barisal in Title Suit No.106 of 2005 should not be set-aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule in a nutshell can be stated thus, the ..

Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8

Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)

....ary 10, 2013. Result: The Rule is discharged. Accused shall rebut presumption Under the provisions of section 27(2) an accused shall have to rebut presumption about the allegation and explain his position regarding the acquisition of properties disclosing sources of income. Mere ....... Accused shall rebut presumption Under the provisions of section 27(2) an accused shall have to rebut presumption about the allegation and explain his position regarding the acquisition of properties disclosing sources of income. Mere denial of allegation can not be taken into considerati..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6

AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)

....rt Division (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Mohammad Ullah J AKM Mahtabul Islam .......................Petitioner Vs. Bangladesh and others ....................Respondents Judgment January 30, 2013. Result: Th......thority and is of no legal effect as it alleged to have been in violation of Section 32(1 )(Ja) of Act 52 of 2009 and/or such other or further order or orders passed as to this court may seem fit and proper." 2. While issuance of the rule, a direction was given by this court upon the respo..

Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3

Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)

....s Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Abdullah-al-Noman……………...............Petitioner Vs. State and another..........................Opposite-Parties Judgment January 24, 2013. Resu......, 1957, now pending before the Court of learned Metropolitan Senior Special Judge, Dhaka should not be quashed and/or pass such other or fur­ther order or orders as to this Court may seem fit and proper. 2. It stands out from the record of the case that at the time of issuance of the Rule a..

Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8

Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)

.... (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Mohidul Islam (Ripon)(Md.)....................Petitioner Vs. State and another……………………………O......and 27(1) of the Anti-Corruption Commission Act, 2004, now pending in the Court of Special Judge, Bogra, should not be quashed and/or pass such other order or orders as to this Court may seem fit and proper. 2. At the time issuance of the Rule, all fur­ther proceedings of the above mentione..

Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3

Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)

....ellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Paresh Chandra Biswas……………………..Petitioner Vs. Shree Shree Shashan Kalimata Idol an...... in favour of the 'Sree Sree Shashan Kalimata’. The local Hindu Community had been performing religious rites there. The villagers appointed defendant No.1 as 'Shebait' for the management of the properties of the deity and to perform other religious rites. During the last settlement operation,..

Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14

Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....vision (Special Original Jurisdiction) Present: Shamim Hasnain J Md. Ruhul Quddus J Md. Sadek Ali……………………….....Petitioner Vs. Government of Bangladesh and others…...Respondents Judgment January 13, 2013. Result: The Rule is dispo......e the Workers’ Union made a representation to the Management mentioning his termination to be arbitrary and motivated and the Management has not yet responded thereto, we think it would be just and proper if the Management of Crescent Jute Mills Ltd. considers the said representation and take a de..

Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101

Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013

....dique J ABM Altaf Hossain J Mir Sharafat Ali………………………………Petitioner Vs. Govemment of Bangladesh and others…………Respondents Judgment January 10, 2013. Resu......f the petitioner bearing "Delivery Slip" with Enrolment ID MRP 260100000327956 and is of no legal effect and /or pass such order or further order or orders as to this court may seem fit and proper". 2. The averments of the petitioner are as follows:— The petitioner bei..

Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2

Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)

.... in the Court of Chief Metropolitan Magistrate, Chittagong so far it relates to the accused-petitioner Md. ShafiquI Alam, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. At the time issuance of the Rule, all further proceedings of the above mentioned......the Court of Chief Metropolitan Magistrate, Chittagong so far it relates to the accused-petitioner Md. ShafiquI Alam, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. At the time issuance of the Rule, all further proceedings of the above mentioned cas..

Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4

Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)

.... (Criminal) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Habibur Rahman @ Habu and others..........Appellants Vs. The State..........................Respondent Ju......the particulars of the offence by name, the date, time and place. The accused is entitled to know with accuracy and certainty the exact, nature of the charge brought against him so that he can take proper defence. Unless he has this knowledge, he will be prejudiced in his defence. So, framing of ..

Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10

Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)

....     ......ari (renumbered as CR Case No. 3 of 2009) framing charge under section 406 of the Penal Code, should not be quashed/set-aside and /or pass such other order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule, all further proceedings of the above mentioned ..

Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2

Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)

.... Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmunara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Gulf Air Company GSC and another ....................Petitioners Vs. Travel Trade Ltd. and others...................r award passed there under against the plaintiff, C. Award costs to the plaintiff and against the defendant, and D. Grant such other or further relief or reliefs as may be deemed fit and proper." 3. In the suit, the plaintiff filed an application under Order XXXIX rules 1 and..

Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8

TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)

....) Present: Md. Ashfaqul Islam J Md. Badruzzaman J TLRA Holding Ltd………………………Petitioner Vs. Customs, Excise and VAT Appellate Tribunal & others.............Respondents Judgment December 10, 2012...... same. Of course the provision should be followed meticulously in its true spirit and purport. If there occurs any deviation in terms of such on 26 of the Act then certainly that can be remedied in a proper forum as it has been done in the instant case by the respondent No.1 Appellate Tribunal. ..

Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6