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Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ......1. ......n 109 of the Penal Code, now pending before the learned Special Judge, Court No.8, 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. Facts leading to issuance of the Rule may be, briefly, stated as follows: The petiti...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ...... This Case is also Reported in: ......cause as to why the judgment and decree complained of in the petition moved in Court today should not be set aside and /or pass such other or further order or orders as to this court may seem fit and proper. 2. This Rule is directed against the judgment and decree dated 24.11.2005 (decree signed......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ......r 11, 2012. Result: The Rule is discharged. The revisional power of the High Court Division is a supervisory power which may also be exercised suo motu. Since the Rule is of 1987, and the matter is pending for hearing more then 26 years, it is very unfortunate for ends of justice....... Since the Rule is of 1987, and the matter is pending for hearing more then 26 years, it is very unfortunate for ends of justice, and the other hand the order of the Courts below are based upon proper consideration of the materials on records. Justice would be done if a direction be given upon......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....Executive Engineer (R & H), Roads Division, Gopalgonj for constructing flexible pavement over Hatbaria-Golabaria Road, 9th Angsha and 10th Angsha. As per the said work order the respondent was to complete the work within 30 days from the date of the said work order. The Roads and High Ways Divis......ate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh and others.........................Appellants Vs. M/S. Sanker Kumar Das.........................llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ......llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ..Category: Others | Date: 10 Oct, 2012 | Hits: 144
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ......HCD) (2013) 68. ...... Social justice In order to ensure social justice as enshrined in Article 10 of the constitution, a constitutional court is empowered to grant and pass any necessary order/s as it deems fit and proper as equitable relief in addition to doing usual “fair and just” adjudication of an...... of the constitution, a constitutional court is empowered to grant and pass any necessary order/s as it deems fit and proper as equitable relief in addition to doing usual “fair and just” adjudication of any matter under ordinary law. It is also a settled principle of law the fraud vitia..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....provided that the enquiry, investigation of a case and the process of giving sanction to start a case under the Act, 1957, which were pending immediately before the repeal thereof, shall be completed by the Commission under the provisions of Ain, 2004. The language of sub-section (3) of se......d. Shamsul Huda J Kaisor-uz-Zaman (Md.)...……………………...Petitioner Vs. State, represented by the Deputy Commissioner, Sylhet and another........Respondents Judgment October 8, 2012. Result: Th......nd the High Court Division also erred in affirming the same. However, in view of the fact that the case was initiated as back as on 17-12-2003, we instead of granting leave in the matter, consider it proper to dispose of the petition finally. Accordingly, this petition is disposed of the follow...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ...... ...... Instruments Act, 1881, now pending in the Court of Chief Metropolitan Magistrate, Chittagong should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Since both the Rules have arisen from the same CR Case and the common questions of l......the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
....The order of statue quo granted by this Court stands vacated.
The office is directed to send the lower Court's record.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 231.
......(Civil Revisional Jurisdiction)
Present:
Shahidul Islam J
Government of the People's Republic of Bangladesh.......Defendant Respondent-Petitioner
Vs.
Dr. Prodip Kumar Roy and others…………………Plaintiffs
Judgment
Oct......enior Assistant Judge, 6th Court, Dhaka, in Title Suit No.128 of 1999 dismissing the suit should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper.
2. This Court by order dated 11-6-2005 directed the parties to maintain status quo in r......The order of statue quo granted by this Court stands vacated.
The office is directed to send the lower Court's record.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 231.
..
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....ng no scope to check-up details of his assets on examination of records and consult with his legal counsel. In consequence of detention order dated 5-7-2007 under the Special Powers Act, 1974, he was completely disconnected with others and none could see him without permission of the Ministry of Hom...... Khondker Musa Khaled J Md. Nazrul Islam Talukder J Moudud Ahmed………………………Petitioner Vs. Anti-Corruption Commission and another…………………………Opposite-...... the Anti-Corruption Commission Act, 2004, now pending in the Court of Special Judge, Court No.6, Dhaka, should not be quashed and/or pass such other order or orders as to this Court may seem fit and proper. 2. Pending hearing of the rule, all further proceedings of the above mentioned case wer......ishable feature is that such an observation regarding unfair short notice on the person in detention was given by the Appellate Division in Dr. Mohiuddin Khan Alamgir case after having full trial and adjudication by the trial Court as well as appellate Court. But the instant case under section 561A ..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Mirza Abbas Vs. State, 2012, 41 CLC (HCD)
....earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ...... in the form of the FIR, but his name has been mentioned in the body of the FIR. He further submits that as the name of the petitioner has been mentioned in the body of the FIR, police is chasing him and that police also recently raided his house. He also submits that since the name of the petitione......ourts of the High Court Division having criminal jurisdiction are equally competent to pass an order of direction upon the police not to arrest and harass the petitioner without due process of law in proper cases. Considering the fact that the name of the petitioner has not been mentioned in the for......earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ..Category: Criminal Law | Date: 4 Oct, 2012 | Hits: 7
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......dul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Agrani Bank.......................Appellant Vs. Anwarul Bashir Khan and others…........Respondents Judgment October 3, 2012. Result: T......an application under Order XXI, rule 83 of the Code of Civil Procedure for issuing a sale certificate in his favour in order to enable him to repay the decretal amount by selling one of the mortgaged properties situated at Gulshan. The Artha Rin Adalat rejected the prayer by order dated 14 November,......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
...., that the 189th board resolution dated 26-5-2011 of the bank shall stand deleted, to the extent it has taken decision to increase the paid up capital through IPO and the appointment of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the c......Hasan J Motaher Hossen……………………………...........................Petitioner Vs. Bangladesh Commerce Bank Limited and others………...Respondents Judgment October 2, 2012. Result: ......ts person referred to in clause (a) of that subsection in manner whatsoever. 18. Relevant portion of BRPD Circular Letter No.11 dated 14-8-2008 is also required to be quoted for arriving at proper decision in this matter. The Circular Letter reads as follows: ব্যা......nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... Md.Younus Akon claimed that - at the time of occurrence he was present there, and he has seen the occurrence. In this regards the learned Advocate of the appellants has argued that P.Ws.-5 and 6 are completely chance witnesses that is why their evidence cannot be relied upon. 25. It is well se......is also Reported in: 21 BLT (HCD) (2013) 20 ...... 19. In the decision reported in AIR 1972 (SC) 535 it has been held as follows; "The real importance of this section lies in that it imposes a duty on the court to question the accused properly and fairly so as to bring home to him the exact case he will have to meet and thereby an op...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......te Opposite-Party. CriminaI Revision No.165 of 1998. Judgment AKM Shahidul Huq J. - This Rule was issued calling upon the opposite-parties to show cause as to why the impugned Judgment and order dated 18-9-1997 passed by the learned Additional Sessions-Judge (3) Special Court, Di......Additional Sessions-Judge (3) Special Court, Dinajpur in Special Court Case No.97 of 1996 should not be quashed or such other or further order or order passed as to this Court might seem fit and proper. 2. Facts relevant for purpose of disposal of the instant Rule, in short, are that on 15......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s nothing but the cancellation of earlier assignment given to the petitioner vide letter dated 30-11-2008 without issuing notice upon the petitioner for such cancellation of assignment is nothing but complete denial of natural justice of the petitioner. 13. Moreover, he submits that the claim m......al Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Orascom Telecom Bangladesh Ltd............................................Petitioner Vs. Bangladesh and others.................................................................Respondents Judgment......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
....ts that in the year 1953 after the demise of plaintiffs father the plaintiff after selling his landed properties including homestead migrated for India and for a pretty long period he lived there and completed his education therein. After Liberation of Bangladesh in the year 1972 the plaintiff comin......n
(Criminal Appellate Jurisdiction)
Present:
Soumendra Sarker J
Jnanendra Nath Barai ..................Plaintiff- Petitioner
Vs.
The Secretary, Ministry of Law, Justice and Parliamentary Affairs and
others.......................Defendant-Opposite Parties
Judg.......05.1996 passed by the Senior Assistant Judge, Narail Sadar in Title Suit No. 455 of 1978 should not be set-aside and/or such other or further order or orders passed as to this court may seem fit and proper.
2. The facts leading to the issuance of the Rule, in brief, can be stated thus, the pla......was appointed as a Munsif on adhoc basis. In this regard; the decision of our Apex Court reported in 33 DLR (AD) 201 in the case of Doctor Nurul Islam Vs. Bangladesh is very much important for proper adjudication, wherein it was held that the relationship between the Government and its servant is no..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ......) 98. ......rding the registration of the firm as well as the certified copy of the Articles of Association the latter, vide letter dated 3-8-2011, categorically stated that all the submitted documents were properly signed by competent persons and, further, explained in a greater details all other issues r...... advanced by the BTCL that the Review Panel's observation to the effect that to ensure healthy competition NETAS should be made eligible, is extraneous, and unwarranted, and was not necessary for adjudication of the appeal before them and, consequently, it has travelled beyond its jurisdiction, ..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ......n CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Shahjahan Khalifa and others.................Petitioners Vs. State................................................procedure cannot be considered fatal if the evidence adduced by them in court appears to be credible after sifting. 14. In the case in hand, both the trial Court and the High Court Division properly assessed the evidence of the witnesses adduced before the Court and found that there was no......iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......mel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Shahjahan Khalifa and others..........Petitioners Vs. The State......................................Respond......nal Procedure cannot be considered fatal if the evidence adduced by them in court appears to be credible after sifting. 16. In the case in hand, both the trial Court and the High Court Division properly assessed the evidence of the witnesses adduced before the Court and found that there was no......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
.... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ......nbsp; Md. Imman Ali J Md. Shamsul Huda J Yousuf Chowdhury (Md.)................Petitioner Vs. Md. Emran and another..................Respondents Judgment August 5, 2012. Result: The appeal sa......he averments, inter alia, that the defendant on receipt of Taka 1,50,000 as earnest money out of total consideration of Taka 2,00,000 executed a registered agreement on 27-9-1982 for selling the suit property to the plaintiff. In the agreement, it was stipulated that on receipt of balance considerat...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
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