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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. ......that defendant would pay the rent to the defendant appellant at the first week of each of the month according to English calendar but this defendant appellant at no point of time paid the rent as per terms of agreement and out of rent of Taka 45,000 sometimes paid rent, at Taka 500, sometimes 2,000,...... (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Dr. Moos Bin Shamsher.....................Defendant-Appellant Vs. Ayub Ali and others..........................Plaintiff-Respondents Judgment May 7, 2012. Resul..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 ......tion 14 authorizes the Government to appoint a Managing Director of the Bank. Accordingly Prof. Muhammad Yunus was appointed by Notification dated 13th September, 1983 as its Managing Director on the terms and conditions regulated by the Implementation Division's O.M. No. MF/ID/V/N (A)-16/78/119......Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Professor Muhammad Yunus..................Petitioner (In Civil Petition No.640 of 2011) Rahima Begum and others......................Petitioners (In Civil Petition No.641 of 2011) Vs. Banglad..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
....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. ......s case on remand to it for disposal on merit in the light of the observations made and the findings given hereinbefore. Accordingly, this leave petition is disposed of in the following terms: 20. The impugned order dated 28.01.2009 passed by the Administrative Appellate Tribunal......reme Court Appellate Division (Civil) Present: Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Govt. of Bangladesh and others ...........................Petitioners Vs. Md. Nurul Alam......................Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....e President or the Government given such indulgence to a fugitive, ignoring and avoiding the direction of the Court and allow the fugitive to approach him/them straight and give him pardon exercising extraordinary power, a day will come when the Criminal administration of justice certainly be collap...... Md. Enayetur Rahim J.- At the instance of the petitioner on an application under section 561A read with section 498 of the Code of Criminal Procedure the instant Rule was issued on the following terms; "Let a Rule be issued calling upon the opposite party to show cause as to why the First ...... April 25, 2012. Result: The Rule is discharged. Jurisdiction of the Criminal Bench of the High Court Division in deciding Constitutional matters The Court cannot fold its hand in despair and declare 'judicial hands off'. So long as the question arises whether an authority..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
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. ......t premises and land in favour of his sons, daughters and widows. His father died on 25-12-1973. Thereafter, his wife named Rawshan Ara rented the suit premises in favour of the defendant upon certain terms and conditions. An agreement for lease was executed by his mother as being landlord and the de......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Monsur Hossain (Md.)........................Petitioner Vs. Rahima Khatun and others…………………Opposite-Parties Judgment ..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
..... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ......om assessment, but the office of respondent No.1 failed to act as per provisions of laws and hence the petitioner had no other alternative, but to file the writ petition. 4. Rule was issued in terms of the prayer. 5. The Rule was contested by respondent No.1 by filing an affidavit-in-op......General, instructed by Md. Zahirul Islam Advocate-on-Record—For the Appellants. Sufia Khatun, Advocate-on-Record—For Respondent. Civil Appeal No. 478 of 2009. (From the judgment and order dated the 7th day of May, 2009 passed by the High Court Division in Writ Petition No.2775..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
.... 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.
......f the Board of Directors of every private Banking Company to maximum 13 (thirteen) and also putting a bar for re-election of the Director of a banking company for the maximum period of two successive terms of three years each. After the said circulars had been issued, a Memorandum of Understanding (......urt
Appellate Division
(Civil)
Present
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Muhammad Imman Ali J
Md. Mazakat Ali Harun and Others……………………….Petitioners
..
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. ......ank about his possession and requested the Bank to hand over all the necessary documents relating to the property to respondent No.11. Respondent No.11 participated the auction complying with the terms and conditions of the auction notice and purchased the property from the Bank through register......ourt High Court Division (Special Original Jurisdiction) Present: Zinat Ara J JBM Hassan J ABC Attire Ltd………………….......Petitioner Vs. Bangladesh and others……………...Respondents Judgment April 4, 2012. Result: The rule..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
....39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
......s can only be addressed before a Company court according to the provision of the Section 3 of the Companies Act. The judgment and decree passed by the learned Joint District Judge is well reasoned in terms of law, facts and the materials in record, there is no reason to interfere with it.
15. W......zzaman Khan………………………….....Plaintiff-Appellant
Vs.
Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other …................Defendant-Respondents
Judgment
March 19, 2012.
Resu..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
....ution would amount to harassment to an innocent party and continuation of the proceedings will cause abuse of the process of the Court. It would also interfere whenever there is any exceptional and extraordinary reason for doing so. Criminal proceedings can be quashed if there is something on th...... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ......……………Opposite Parties Judgment March 15, 2012. Result: The Rule is made absolute. Inherent power of the High Court Division Both section 151 of the Code of Civil Procedure and section 561A of the Code of Criminal Procedure possess the same formula describing the inherent ..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ...... learned Advocate appearing on behalf of the respondent Nos.1 and 2 by filing affidavit-in-opposition mainly contends that Dhaka City Corporation did approve temporary construction under certain terms and condition but without changing the master plan of the Dhaka New Market. She further c......ation…………...........Respondents Judgment March 14, 2012 Result: Rule is disposed of. Cases Referred to- Kamaluddin Vs.Secretary, Ministry of Land, Bangladesh 56 DLR (AD) 212; Omar Sadat Vs. Bangladesh 6 BLC 289. Lawyers Involved: An..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
....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.
......f the initial decision is to enquire into the information, which the PSTU has already provided to the UGC at the time of obtaining the approval as to whether opening up the course is suitable and the terms of the course would be of 5 years or four and half years.
17. From the concurrent reading...... in: 18 BLC (HCD) (2013) 166.
..
Category: Others | Date: 14 Mar, 2012 | Hits: 5
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ......age line, gas and other connection as such, said allotment of the plaintiff can not be cancelled by stroke of pen. Learned Advocate further submits that plaintiff did not violate any of the terms of the allotment letter as structures on the plot are for residential purpose of the emplo...... Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Noor Jahan Begum.........................Appellant Vs. Chairman, BSIC and others.................Respondents Judgment March 12, 2012. Result: The appe..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ......or Assistant Secretary and Md. Fazlur Rahman, Section Assistant took official actions leading to the appointment of the accused petitioners and two others as employees under the Land Ministry in terms of a letter dated 17-2-1986. Thus the FIR named 11(eleven) accused petitioners and 2(two) othe...... ..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......ing is not called for. However the cognizance order and the charge framing order should be set aside for enabling further investigation. 29. In the result, the Rule is disposed of in the following terms. (a) The cognizance order dated 15-4-1993 and the charge framing order dated 2-7-1994 passe...... & others…………………………Petitioners Vs. State………………………………Opposite Party Judgment March 4, 2012. Result: The Rule is disposed of. Words and phrases Surplus public servant and চাকুরীচ্যুত কর্মচার..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
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. ......uilty of concealment of material facts and as such the contract of insurance became void ab initio being in breach of the plea of utmost good faith; that the claim of the plaintiff is contrary to the terms, conditions and warranties of both MBD and DOS policies. That the appointed surveyor M/s. As......Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J M/s. Sadharan Bima Corporation.........................Petitioner (In both the cases) Vs. United Fish Exports Limited and others.................Respondents (In both the cases) Judgment February 26, 2012. ..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....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 ...... or baina patra. Baina or baina patra is agreement between two or more person and when it relating to transferring land, it is a baina or baina patra. It put obligations to both parties under certain terms i.e. obligation to one party to sell and obligation to other party to purchase. Baina or baina......BLT (HCD) (2013) 39 ..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)
....nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......he rule by filing affidavit-in-opposition. Their case, in short, was that the writ petitioners were in possession of the land in question by virtue of temporary lease only and that according to the terms and conditions of the said yearly lease the writ petitioners could be evicted at any time....... J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh represented by its Secretary, Ministry of Land, Bangladesh Secretariat Building, Abdul Gani Road, Ramna, Dhaka and others .......................Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
....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:
......
Attorney General-For the Respondents.
Writ
Petition No. 9587 of 2010.
Judgment
AHM
Shamsuddin Choudhury J.- The Rule under adjudication, issued on
02.12.2010, was in following terms:
“Let a Rule Nisi be issued calling upon the respondents to
show cause as to why direc...... Reported in:
..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
....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.
......nterpretation Statutes and Documents (Second Edition) by Mahmudul Islam. It has been stated that an ‘Explanation’ added to a statutory provision is not a substantive provision in any sense of the terms. It is merely meant to explain or clarify certain ambiguities which may have crept in the main......ion
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Syed Mahmud Hossain J
Md. Abul Kashem.............................Appellant
Vs.
Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents
Judgment
February 14, 2012.
Result:
The appeal is dismissed.
C..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
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