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

.... 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. ......0/12 before the court of learned Sessions Judge, Dhaka but the learned Sessions Judge, Dhaka, by his order dated 8-3-2012 has rejected the bail petitions of these two peti­tioners for the reasons recorded therein. 15. The case is at the investigation stage and police has not yet submitted r...... ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...... 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)

....ed 01.01.1988 by Khawaja Md. Zarrar in favour of his wife were not proved and that the High Court Division without giving any finding in respect of the oral gifts found that the disputed property was wrongly listed in the ‘kha’ list of the abandoned buildings. He goes on to submit that s......entioned before to Khawaja Mohammad Aref by the registered deed of lease dated 2.03.1959. He gifted the said property to his son Khawaja Md. Zarrar by a memorandum of Heba dated 01.01.1971. The donee recorded and mutated his name in the records of the Ministry of Works. He got his name mutated in th......ted 30.11.1998 is declared void. There is no order as to costs. Ed. This Case is also Reported in: ......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

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

....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.  ......quently, the schedule was amended on 12-4-1972. The writ-petitioners who are the voters, procured a voter list on 10-4-2012 which was published on 9-4-2012 and came to know that their names have been recorded in the voter list twice. On verification, it was dis­covered that in most of the cases,......al Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70.  ......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

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. ...... 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. ......peal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 832. ......tion challenging the proceeding of Miscellaneous Case No.147 of 2004-2005 and the order dated 22.03.2005 passed therein for taking over the lease-hold land of the writ peti­tioners under the khas khatian of the Government (the annexure-G). 3. The case of the writ petitioners, in short, wa..

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

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

.... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ......the Election Com­mission. The Inquiry Committee found that a loan was given by the Uttara Bank, Narayanganj Branch to the company, namely, M/s. Nordisk Agency Ltd. One "Abul Kashem" was recorded as the guarantor of the said loan, but his particulars were not traceable. So in the first ......Read the Judgment on Civil Petition for Leave to Appeal here. Read the Judgment on Civil Appeal here. Supreme Court Appellate Division (Civil) Present Md. Muzammel Hossain CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman...... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ..

Category: Election Law | Date: 5 Jun, 2012 | Hits: 217

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

....ook a revision, which was summarily rejected by the High Court Division and then the leave petition was filed. In this case, a contention was made on behalf of the petitioner that his application was wrongly reject­ed ignoring his age as entered in the registration card produced by him. The peti...... of Idris Ali at Khapara lane compelling her to jump into the pond. The learned Sessions Judge, considering the confessional statements of the appellants made under section 164 of the Code, which was recorded by P.W.22, Mr. Kiron Chandra Roy, Magistrate, first class, Gaibandha, found those voluntary......nt for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ..

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)

....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: ...... the petitioner with immediate solution of the problem faced by the petitioner with the system equipments as described in the legal notice dated 7.8.2011, Annexure-L and also to supply the equipments recorded and requested by the petitioner through their purchase order dated 1st June, 2011, Annexure......itioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......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

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

....cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......auction and got delivery of possession and sale certificate. The total area of this Niskor was 15 drones covering different mauzas. During the CS operation of 1915-1918 only 100.42 acres of land were recorded in CS Khatian No.212 in respect of Ander Manik Mouza in the name of Baksha Ali Mia. The oth......mpugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ..

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

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

....rit petitions and connected affidavits rather on the prayer of the learned Senior Advocate for the writ petitioners the learned Judges of the High Court Division on mere surmises and conjec­tures wrongly observed "We being satisfied upon the material on record hold the view that it is a fit...... 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 ......espondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ...... 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)

....filed Miscellaneous Case No.355 of 1968 impleading Peerzada Abdul Kashem and Mohammad Hossain Siddiqui as opposite party Nos.1 and 2 for correction of the record of right alleging that the same was wrongly prepared in their names. By order No.1, the Circle Officer (Revenue) was asked to enquire ......58 respectively, transferred their shares to Syed Ahmed, Moqbul Ahmed and Khurshid Jahan (the predecessors' of the writ petitioners), but due to mistake, the said lands along with other lands were recorded in S.A. khatian in the name of Satinath Bandopaddya. The predecessors of the writ-petition......ingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......haka on the basis of decree obtained in Title Suit No.280 of 1970 of the First Court of Subordinate Judge, Dhaka; the application was allowed, but instead of 5. 17 acres, 8.70 acres of land of S.A. khatian No.605 was mutated including the land of plot Nos.1370, 1377, 1383, 1384 and 1385 in respe..

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

Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)

.... same to facilitate the company to mortgagee its property in order to secure any loan, it may avail and as such the same is required to be confirmed. 8. But it appears that the resolution has wrongly mentioned the position of the amended clause of mortgage power as after object clause No.39......he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:            ......ner accordingly. Ed. This Case is also Reported in:            ......he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:            ..

Category: Company Law | Date: 28 May, 2012 | Hits: 32

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

....to constructing a market and residential house by taking loan from the Bank. For that purpose he went to the Office of the Tahsilder in the month of March 1995 and came to know that the land has been wrongly recorded in the name of the Government under Khas Khatian No.1. 3. Thereafter, the peti......or further order or orders as to this Court may seem fit and proper. 2. The facts relevant for disposal of the, Rule, in short, are that Satish Chandra Datta and Ramesh Chandra Datta were the CS recorded tenant of the land under CS Khatian No.1072 in the year 1941. Petitioner's father Abdul......pt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379.   ......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.   ..

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

Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)

....n Chowdhury are false, fraudulent and collusive. During S.A. operation, the land of first schedule was recorded in three SS plots, namely, plot Nos.3433, 3428 and 3432; SS plot Nos.3428 and 3432 were wrongly recorded in the names of Sachindra Kar and Jamini Mohan Kar (defendant Nos.5 and 6 respectiv......e land of SS plot Nos. 3428 and 3432. The deed of sale and the power of attorney in favour of Arun Chowdhury are false, fraudulent and collusive. During S.A. operation, the land of first schedule was recorded in three SS plots, namely, plot Nos.3433, 3428 and 3432; SS plot Nos.3428 and 3432 were wro...... the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ...... title of Ranjit Kar and his brother from whom Rashid Ali purchased the suit land was not denied. In addition, SS plot No.3433 was recorded in the name of plaintiffs' vendor, Rashid Ali in the SA khatian in respect of 1.11 acres of land. Therefore, the title of plaintiffs' vendor has been we..

Category: Property Law | Date: 8 May, 2012 | Hits: 112

Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)

....ther the decision-maker has indeed complied with these conditions. Now the question is essentially whether the authority entrusted with the decision-making power has the right to decide the case 'wrongly' or whether any error of law automatically takes the decision outside the authority'......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 ......:  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

Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)

....instant case, the Administrative Appellate Tribunal also followed the order made in the said appeal, but as a typing mistake instead of appeal, it was written as case and the year was also written wrongly as 1999 in place of 1998. The learned Deputy Attorney General produced "the certified ......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97.  ...... This Case is also Reported in: 18 MLR (AD) (2013) 97.  ......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97.  ..

Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12

Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)

....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. ......he Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......ndent No.6 is neither a borrower nor a mortgagor of any land with bank and that he had knowledge about the Artha Rin Suit. His father Serajuddin Sarder was the owner of 6 decimals of the land of suit khatian/suit plot. After his death, by amicable partition, amongst his heirs, Mohammad Ali became ow..

Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151

Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)

.... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ......n payment of salami and since then they have been possessing the suit land by growing seasonal crops thereon. That recently the plaintiffs came to know that the defendant Nos.5 to 9 got the suit land recorded in their names collusively and the defendant No.4 thereafter obtained a decree declaring hi......il petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ......hort, was that Sree Sree Radha Madhab Jew Deity the defendant No.4 was the original owner in khas possession of the suit land measuring 84 acres appertaining to plot Nos.722, 723, 724, 725 and 726 of khatian Nos.143/1577 and the plaintiffs took jote settlement of the said land from the defendant No...

Category: Property Law | Date: 16 Apr, 2012 | Hits: 72

Majad Hossain and another Vs. State, 2012, 41 CLC (AD)

....tion 138 of the Act, 1881, giving rise to sessions cases in question and this failure has caused miscarriage of justice in discharging the Rules. He has further submitted that the High Court Division wrongly interpreted 'the cause of action' as contemplated in section 141 of the Act, 1881 and thus, ......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. ......n, 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)

.... 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. ......s 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

Rakibul Islam Vs. State, 2012, 41 CLC (HCD)

....used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......ice. As entrusted by the Officer-in-charge of the police station he has taken over the investi­gation into the case and inspected the place of occurrence, prepared draft sketch map along with index, recorded statement of the witnesses under section 161, arrested the accused and also obtained the me...... to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ..

Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64