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Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
....pellate 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 a......ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339. ......ment on 01.09.1947 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 set..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......Court High Court Division (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......s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....ereby the company may be able comply with the statutory duties, he has prayed. 4. The learned Advocates Mr. A.M. Aminuddin with Mr. Yousuf Khan Rajib, appearing for the respondents, on the other hand submits that since Title Suit No.166 of 2011 is still pending, so the adjourned AGM may not be ......he company, having folio No.2269 and BO No.12011480037221690, that Respondent No.1 company is a public company, limited by shares, incorporated in the year 1978 under the Companies Act 1913 the government and its financial organizations hold major shares in the company; it has 12 Tea Estates ha......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
....ng them. The examination of an accused under this provision is not intended to be an idle formality; it has to be carried out in the interest of justice and fair play to the accused. In the case in hand the trial court treated the examination as one of mere routine work. This examination in a sl...... sections 221, 222, and 223 of the Code of Criminal Procedure, inasmuch as, section 537 states "subject to the provisions hereinbefore contained", that is to say, the aforesaid section will prevail over section 537…………………………(7) No defect or irregularity in the form of t...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....he impugned order calls for interference by this Division and leave be granted. 5. Mr. Aktar Imam, learned Counsel, entering caveat, on behalf of the plaintiff-respondent, on the other hand, has tried to support the impugned order by submitting that since the District Judge stayed op......09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ......09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....e said amount among three share holders despite the fact that the petitioner is the sole beneficiary of the FDR account. Ms. Tania Amir, learned counsel appearing for the respondents, on the other hand, supports the direction of the High Court Division and contends that in view of the admission ......rt rejected the petition filed before it on the ground that the petition is barred by law. The petition was made for protection of the interest of minority share holder. The matter in issue was not over the encashment and/or apportionment of the amount kept in FDR with the Jamuna Bank Ltd. After ......shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
....irness this Rule should be made absolute. 7. Mr. Pratikar Chakfna the learned Assistant Attorney-General by filing affidavit-in-opposition and Supplementary-Affidavit-in-opposition, on the other hand, opposes the Rule and submits that in absolute compliance of section 26 of VAT Act (the provisi......ng of different wash brand scouring powder, Jet brand detergent powder, Kohinoor brand detergent powder, Sodium Silicate, Jet ball soap and other products and have been marketing those items all over Bangladesh on paying of all the VAT and other taxes regularly. 3. At a tip-off a team of t......Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....in different groups in a different way i.e. the family planning officers appointed before 1985 in another group and the family planning officers appointed after 1985 in another group and on the other hand, encadred 230 family planning officers in one group and left out 234 family planning officers, ......disposed of. Encadrement of the Non-Cadre Family Planning Office's— Encadrement of the non-cadre family planning office's appointed after 1985 in the cadre service but if the government decides to cadre them in the cadre, their seniority is to be fixed by following BCS Senior...... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
.... Case Referred to- Sultanuddin Chowdhury Vs. Government of the People's Republic of Bangladesh, 32 DLR 252. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Bimsh Chandra Biswas, Advocate-on-Record—For the Petitioners. Khan Saiful Huq, Advocate, instr......il upon the records of rights and will remain in enforce unless the same is cancelled by an appropriate civil Court.…………………(11) Case Referred to- Sultanuddin Chowdhury Vs. Government of the People's Republic of Bangladesh, 32 DLR 252. Lawyers Involved: Mahbubey A......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)
.... suits upon bill of exchange and promissory notes etc. These are specific suits and specific provisions have been made under Order XXXVII for hearing and disposal of this class of suits. On the other hand Section 15 of the Code of Civil Procedure contains general provision about filing suit, other t......ction 15, then there was no need to insert Order XXXVII in the Code of Civil Procedure. 8. The interpretation of section 15, as advanced by the learned Advocate for the defendant, that the suit covered by Order XXXVII should also be filed before the District Court, being the court of the lowest......defend the suit (by filing written statement, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179 ..Category: Administrative Law | Date: 28 Nov, 2012 | Hits: 5
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....283; Amrit Banaspati Co. Ltd. Vs. State of Punjab, AIR 1992 SC 1075; Rajdhani Unnayan Kartripakkha Vs. A. Rouf Chowdhury, 61 DLR (AD) 28; Dr. Ashok Kumar Maheshwari Vs. State of UP, AIR 1998 SC 966; Chandigarh Admn Vs. Managing Society Goswami, DGSCE, AIR 1996 SC 1759; M/S. Motilal Padampat Sugar Mi......reme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and others.................Appellants Vs. Dr. Md. Nazrul Isla......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....rovisions of Ordinance No. XXVI of 1994. Although the appointment letters were issued by the Rector, de jure, appointing authority was the Board of Governors of BPATC. Due to persistent highhanded mismanagement by the then Rector, Dr. Ikram Hossain, there was a general resentment and prote......upreme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and others..............Appellants (in both cases) Vs. Hamento Kum......ions of Ordinance No. XXVI of 1994. Although the appointment letters were issued by the Rector, de jure, appointing authority was the Board of Governors of BPATC. Due to persistent highhanded mismanagement by the then Rector, Dr. Ikram Hossain, there was a general resentment and protest against..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....’ble Chamber Judge directed the ACC to accept the statement of assets of the petitioner. 5. The petitioner submitted the statement of her assets through her attorney Adv. M. Moniruzzaman Khandakar to the ACC on 11th February 2008. The contents of the statement of assets of the Petitioner.......................Respondents Judgment November 28, 2012. Result: The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Government of the Peoples Republic of Bangladesh, Bangladesh Secretariat, Ramna Dhaka and others, unr......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....ammat Ismat Ara on examining the body of Baby found the throat cut and as many as 10(ten) grievous injuries from throat to chest. They also found cut mark on the left breast, on the arm of the left hand and also bleeding grievous injuries below the navel and its surrounding areas. On queries......informant's sister used to demand money from her on different occasions to which she did not concede for which he felt aggrieved. On 13-7-2007 at about 12-00 o'clock in the night on being informed over mobile telephone that his sister had been killed at 11-45 hours, the informant along with his ......m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....ain-matter of Rokeya Begum came out forthwith and she fell down to the ground. The occurrence took place in presence of Milon Mia, Shahadat Hossain and Husna Begum. Victim Rokeya Begum was rushed to Chandiber Hospital by Ahid Miah and Nadir. The Doctor at the Emergency Department declared her dead. ...... and Nadir. The Doctor at the Emergency Department declared her dead. The persons present ran and caught theaccused with the blood stained sword in his hand while he was trying to flee and handed him over to the police. The informant having been informed over telephone returned home from the Bazar a......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....d report before the High Court Division with their comments. It also appears that copies of the aforesaid assessment papers by the aforesaid prominent experts together with other documents, were handed over to both parties, i.e. the learned Advocates for the petitioners and the learned Attorney......sion (Civil) Present: Md. Muzarnmel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh & others .............Petitioners Vs. Md. Ghulam Mustafa and o...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ..Category: Others | Date: 22 Nov, 2012 | Hits: 20
MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
....ode of Civil procedure is not available in the Code of Criminal Procedure............ (13) Cases Referred to- 60 DLR (AD) 1, Lawyers Involved: Abdul Baset Mojumder, Advocate with Khandaker Mahbub Hossain, Advocate and Sk Mohammad Ali, Advocate—For the Petitioner. MH Sa......y the learned judges in a criminal case, the Division pronouncing the judgment becomes functus officio. Neither the pronouncing bench nor any bench of the High Court Division has any power to revise, override or alter the decision or interfere with it in any way, even though the learned judges arriv......conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
....an end with the issuance of a certificate under section 33 (5) of the Artha Rin Adalat Ain, 2003. Rather it remains alive till the possession of the property alleged to have been sold in auction, was handed over to the auction purchaser. .................... (17) Cases Referred to- ......with the issuance of a certificate under section 33 (5) of the Artha Rin Adalat Ain, 2003. Rather it remains alive till the possession of the property alleged to have been sold in auction, was handed over to the auction purchaser. .................... (17) Cases Referred to- IF...... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....ituated within Chittagong City Corporation and as such section 24 of the Non-Agricultural Tenancy Act is attracted, not section 96 of the State Acquisition and Tenancy Act. 11. In the case in hand, it appears that in the appellate Court the pre-emptors filed an application under Order VI Ru......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....gaged property. Mainly on these grounds the learned counsel submits that this Rule should be made absolute. 5. Mr. SM Moniruzzaman, the learned Advocate for the respondent-bank on the other hand, opposes the Rule. Placing reliance in the decision of Setara Begum Vs. Al-Arafah Islami Bank L......ort, is that the respondent No.3 Islami Bank Bangladesh Limited Benapole Branch, Jessore on 25-1-2007 instituted a suit before the Joint District Judge and Artha Rin Adalat, 1st Court, Jessore for recovery of loan money amounting to Taka 27, 64,841 by selling mortgage properties against the M/s Join......order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
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