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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 is frivolous, vexatious, or prima facie unjust, or may not appropriately be tried in a petition invoking extra-ordinary jurisdiction, the Court may decline to entertain the petition. But a party claiming to be aggrieved by, the action of a public body or authority on the plea that the act..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ......te with Md. Musharraf Hossain Mojumder, Advocate—For the Opposite-Party. Civil Revision No.2603 of 2011 Judgment AFM Ali Asgar J. - This Rule was issued calling upon the opposite-party to show cause as to why the judgment and order dated 9-1-2011 passed by the learned District J..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
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. ......o make an order setting aside the dismissal or the order made ex-parte on such conditions as it deems fit subject to its satisfaction that "there was sufficient cause for the non appearance of the party" on the date fixed for hearing of the case/appeal. Therefore, it was not at all necessary to ..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......r 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 Court of Assistant Sessions Judge, Cox's Bazar shall not be ..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
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. ......g any order passed by the Artha Rin Adalat and, as such, the impugned judgment and order delivered by the High Court Division is not tenable in law. He then submits that respondent No.6 being a third party can not file any application under section 32 of the Ain without depositing 25% of the decreta..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......c criminal case has already been started When a specific criminal case is started and now pending before the concerned Special Tribunals, the criminal case should be resolved there. If the party which initiated the case fail to prove the case, then the aggrieved person shall have the lib..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......appellate Court restoring the order passed by the learned Joint District Judge appointing receiver in respect of the suit land. 12. He further submits that there is no scope for putting a third party as a receiver of property of a joint family and admittedly when the members of the joint famil..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......ion on depositing the requisite amount. 4. The pre-emptee-respondent Nos.2 to 5 appeared in that miscellaneous case and filed written objection challenging the claim of pre-emption. The opposite party No.23, namely, Abul Kashem filed an application on 24.06.1999 praying for being added as co-pr..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
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. ......s obtained the instant Rule. 9. Mr. Abdul Wadud Bhuiyan with Mr. Syed Mokaddas Ali, the learned Advocates, appeared for the plaintiff petitioner. None entered appeared for the defendant opposite-party. 10. Mr. Abdul Wadud Bhuiyan, took me through the impugned judgment and decree passed by ..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
....pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ...... as respondent on the ground that it being an independent organization having power to inquire, investigate, conduct cases and life appeals against appealed orders of the Special Judge is a necessary party with a view to defend to convictions and sentences through its prosecution team. 2. Mr. A..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)
....tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ......High Court Division appearing on behalf of the respondent No.1. 8. The learned Deputy Attorney General submits that the direction given by the High Court Division while making the Rule absolute in party is vague, unspecified and as such it is liable to be set aside. He further submits that the ..Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120
Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)
....ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ......bered as Metropolitan Sessions Case No.560 of 1999 which was then pending in the Court of Additional Metropolitan Sessions Judge, 2nd Court, Dhaka. 4. Before the High Court Division the opposite party No.2, the petitioner herein, filed counter affidavit contending, inter alia, that a similar ma..Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212
Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)
....d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......9 passed by the learned Assistant Judge, Ramu, Cox's Bazar in Other Suit No.245 of 2008 allowing an application under Order 1 Rule 10(2) of the Code of Civil Procedure making the application as added party. 2. The facts, in short, for disposal of the Civil Petition for Leave to Appeal, in short, ..Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30
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. ......t Nos.5-9, the respondents transferred the property to respondent No.11 in auction vide saf-kabala deed No.9193/2010 dated 28-10-2010. Initially, the auction purchaser respondent No.11 was not made a party to this Writ Petition and he was subsequently made respondent No.11 in this Writ Petition. Pre..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
.... Procedure cannot be looked into as a casual omission. The trial Court is bound to comply with the requirement of section 342 according to its true purport and intent, otherwise the trial should be defective one and the conviction and sentenced should not be uphold. 18. In this situation, t......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
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
.... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ...... we take it up for disposal and allow the Assistant Attorney General to make his submissions. 6. Mr. Gazi Md. Mamunur Rashid, learned Assistant Attorney General appearing for the State-opposite party submits that the petition of complaint clearly discloses the offence of illegal use of design ..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
....no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......ich is an abuse of the process of the Court and as such the proceeding is liable to be quashed. 7. Mr. Gazi Md. Mamunur Rashid, learned Assistant Attorney General appearing for the State-opposite party with reference to the petition of complaint submits that it discloses the offence of rape agai..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......, Anti-Corruption Commission, Head Office, Dhaka, being informant lodged first information report under Section ২(ট)(অ)/৪(২) of the Money Laundering Protirodh Ain, 2009 against the opposite party No.1 and others before the Officer-in-Charge, Shahbagh Police Station, Dhaka. Accordingly, Sha..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)
....ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ......which leave was granted are quoted below:— By the judgment dated 19-8-2002 the Rule having been decided on merit it reached its finality and the only relief available to the aggrieved party was to move the Appellate Division. The High Court Division did not assign any reason for..Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
....rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74. ......rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74. ..Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7