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Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)

....the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ......Petition for leave to appeal is directed against the judgment and order dated 26.10.2009 passed by the High Court Division in Civil Revision No.1425 of 1996 discharging the Rule. 2. The opposite party No.1 herein as plain­tiff filed Other Suit No.1of 1988 in the 1st Court of Assistant judge, S..

Category: Property Law | Date: 19 Mar, 2012 | Hits: 76

AHM Kamruzzaman Khan Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other, 2012, 41 CLC (HCD)

....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. ......nt on 23.01.2006 and filed Title Suit No. 1449 of 2008 for specific performance of contract against the defendant No. 10. 7. In the mean time, the defendant No.2 received some money from a third party with a condition to sale of shares of the said Company, without any approval from the board of..

Category: Company Law | Date: 19 Mar, 2012 | Hits: 689

Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)

.... 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. ......here the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution would amount to harassment to an inno­cent party and continuation of the proceedings will cause abuse of the process of the Court. It would als..

Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215

Swadhin Chandra Mandal and others Vs. Bangladesh University Grants Commission (UGC), 2012, 41 CLC (HCD)

....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. ......ld that the impugned order has lost its validity due to being unduly influenced by the BVA. On any issue, if a decision is taken by any government or statutory body being unduly influenced by a third party, whose role seems to be question­able in the issue that is being dealt with by the authori..

Category: Others | Date: 14 Mar, 2012 | Hits: 5

Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)

....allotment letter, allotment was can­celled legally and notice was issued to plaintiff at her address given in the allotment letter and in spite of that plaintiff did not take any step to cure the defect. Learned advocate further sub­mits that since there is no lease agreement allotment lette...... 12-11-2001 and thereafter, filed the suit. 3. Defendant No.1-3 in their written statement stated that on 10-1-1970 plaintiff was given all allotment for processing spices but in 1977, plaintiff party started industrial unite. Plaintiff having failed to process spices instal­led 20 resident..

Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10

Assistant Horticulturist, Agriculture Extension Division, Crop Section Vs. M. A. Sattar Bhuiyan, 2012, 41 CLC (AD)

....d dis­posal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ......009 passed by the High Court Division in Civil Revision No.314 of 2005 discharging the rule. 2. The short facts necessary for disposal of the leave petition are as follows:- 3. The opposite party No.1, as plaintiff, filed Title Suit No.218 of 1991 before the Joint District judge, 2nd Court..

Category: Property Law | Date: 12 Mar, 2012 | Hits: 94

Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ......vernment. 6. President's Order No.142 of 1972 after amendment incorporated section 6 which is as:— "No person shall, without joining the Government which shall be a necessary party, file or proceed with any suit. (a) for the specific performance of any contract relating..

Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18

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.         ......others........Petitioners Vs. State………………………………………………..Opposite party Judgment March 5, 2012. Result: The Rule is disposed of. Code of Crim..

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. ......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. ..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37

Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)

....btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......3rd Court, Dhaka by Judgment and decree dated 8-3-2004. Challenging the said decree, petitioner filed appeal with a delay of 159 days and the delay was condoned, against which, decree holder-opposite party moved before the Appellate Division of the Hon'ble Supreme Court in Civil Petition for Leave t..

Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316

Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)

....riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ...... remand allowing the Criminal Revision No.54 of 1993 by the learned Additional District Magistrate, Rajbari should not be quashed. 2. The prosecution case, in brief, is that the informant opposite party No.2 Md. Belayet Mondal on 26-03-1993 lodged an ejahar with the Rajbari PS alleging, inter ali..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117

Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

.... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ......w Nation Publications Ltd. which is admittedly non-existent. He also submits that in the ordering portion of the judg­ment, the Labour Court stated that the petitioner is not an employee of opposite-party No.1 and as such, no complaint can be lodged against the petitioner under sec­tions 54 and 55..

Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238

Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)

.... first instance or in a Court of appeal, against the defendant, shall be excluded, where the proceeding is founded upon the same cause of action and is prosecuted in good faith in a Court which, from defect of jurisdiction, or other cause of a like nature, is unable to entertain it. (2) In comput......llenging the   election of the present appellant as Vice Chairman of Tungipara Upazila Parisad in the election held on 22.01.2009 impleading the present appellant and another contestant as opposite party Nos.1 and 2 respectively and other Government officials as other opposite parties. 3. The c..

Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208

Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)

....ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ...... Azam fired a gun shot at the chest of victim Harun with his own firearm, and as a result, Harun fell down on the ground. The other accused persons made blank shots from their firearms. The informant party raised hue and cry, then the people of the neighbouring houses came to the place of occurrence..

Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78

Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)

....cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..

Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168

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   ......ity in decreeing the suit holding plaintiff has been able to prove his possession. 6. Mrs. Nasima Akhter Shanu, the learned Advocate for Mr. ABM Nurul Islam, Advocate, appearing for the opposite-party, relied on the case of Fakhruddin Mia Vs. Mohammad Khodaboksh Sheikh, 29 DLR (AD) 268, where i..

Category: Property Law | Date: 23 Feb, 2012 | Hits: 6

Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)

....rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ......aintainable in its present form. The learned counsel further contends that the South East Bank Ltd is a private Bank against which writ petition does not lie. Moreover, the government has been made a party in the petition which is a cunning device only to attract Article 102 of the Constitution and ..

Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7

Major General Amjad Khan Chowdhury (Retd.) Vs. Parle Agro Products Ltd. & another, 2012, 41 CLC (HCD)

....rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ...... to domicile or establishment in the country where protection is claimed which may be imported by the nationals of countries of the union and under no circumstances the Trade mark registration of any party can be cancelled unless the person concerned is not justified in action. There being no Provis..

Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91

Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......disposed of before com­pletion of two months then the computa­tion of six months period will be reckoned from the date of disposal of the departmen­tal appeal. In that event, an aggrieved party shall have to file the case in Administrative Tribunal before completion of eight months and s..

Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324

Abdur Razzak Vs. State, 2012, 41 CLC (HCD)

....ned Order it appears that the learned Divisional Special Judge, Dhaka ignored the element of the alleged deception or cheating and consequently did not include section 420 in the charge. However this defect is curable by the trial Court, but it prima facie indicates non-application proper attention ...... Abdur Razzak……………………..Accused-Petitioner Vs. State………………………Opposite party Judgment February 2, 2012. Result: The Rule is disposed of.  The..

Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134