Search Options
Judgment Advanced Search
Displaying 221-240 of 3812 results.
.... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
...... days. Those direction impliedly amount to compelling performance of contract specifically (here decision of the Syndicate), though an Arbitration Tribunal has no jurisdiction to exercise such a power of the Civil Court under the Specific Relief Act. Moreover, compensation for damages in terms ......espondents
Judgment
May 10, 2012.
Result:
The Appeal is dismissed.
Lawyers Involved:
Abdul Quayum and Md. Masudul Haque, Advocates—Appellant.
Mahbubey Alam, Attorney-General and Tanjub-ul Alam—For Respondents.
First Miscellaneous Appeal No.23 of 20......any nor any price of the plant or compensation for any part thereof can be allowed to spend from the Public Fund. It is against the Public Policy meaning thereby that Public Fund cannot be misused by granting such Award. As such, the Award is not legally sustainable.
41. Moreover, it is evident..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......by defendant No.6, Jamini Kumar Kar, through his alleged attorney Arun Chowdhury, Jamini Kumar Kar had no right, title and interest in the land of SS plot Nos. 3428 and 3432. The deed of sale and the power of attorney in favour of Arun Chowdhury are false, fraudulent and collusive. During S.A. opera...... Aziruddin and others.................................Respondents Judgment May 8, 2012. Result: The appeal is allowed in part and the suit is decreed in part. Cases Referred to- Bahadur Ali Sk. Vs. Azgar Ali Munshi, 20 DLR 74; Abdus Sattar Vs. Lalon Mazar Sharif and Se......isfied with judgment and order dated 25-4-2000 passed by the High Court Division, the plaintiffs moved this Division by filing Civil Petition for Leave to Appeal No.631 of 2000 in which this Division granted leave on 02-4-2002 resulting in the initiation of Civil Appeal No.233 of 2002. 8. Mr. M..Category: Property Law | Date: 8 May, 2012 | Hits: 112
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. ......lant. There is no bona fide requirement as claimed by the plaintiffs as there being 8 owners for selling the property as there is no precedent to support the finding of the trial Court that the power/right to sell a property falls within the ambit of 'bona fide requirement' as per sect......enant Can Restrain Landlord Permanently from Evicting by Challenging the Title- It is settled principle of law that tenant can file suit but that he can done after surrendering the suit premises to the plaintiff landlord. Moreover, at no point of time tenant has right to challenge the title of ......egularity for over 15 years relied on the decisions of 1983 BLD 116 (para 9), 40 DLR (AD) 89, (para 11), 40 DLR (AD) 1 (para 17 and 18). Mr. Aktar Imam, learned Advocate on the question of granting recent receipt submits that, respondent legally obliged to provide rent receipts as per sec..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....d as chairman of the Bank by the Government considering his social status and contribution towards the Bank, and this can be possible if this Division makes observation in this regard. It is the discretionary power of the Government to appoint 'the Chairman under the Ordinance and it is not......he fact that three senior most learned counsel expressed their desire to make further submissions, we treat this case as an exceptional one and recall the unsigned orders in exercise of inherent powers of this Division. 3. Short facts relevant for the disposal of these petitions are succin......nance, Bangladesh Secretariat, Ramna, Dhaka and others...........Respondents (In both the cases) Judgment May 5, 2012. Result: The writ petition is dismissed. Cases Referred to- General Medical Council Vs. Spackman (1943) AC 644-645; Kanda Vs. Government of Malaya (196......even if he had no legal right; c) there are inconsistent findings and observations in the judgment of the High Court Division and for correcting gross error committed by it, leave should be granted; d) in the Regulations of 1993 the expression ‘ব্যাবস্থাপন..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. ......ork of arbitration act and no provision of revision has been created in the arbitration act so no civil revision will lie in the High Court Division…................ (16) High Court not empowered to entertain civil revision regarding arbitration The statute has given no right to the......Traders …………………..............Opposite-Party Judgment May 3, 2012. Result: The Rule is discharged. District Judge not amenable to the High Court Division No appeal or revision lies against an order passed by the District J......e 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 Judge, Dhaka in Arbitration Miscellaneous case No.477 of 2010 granting injunction restraining the second party/petitioners from making any construction over the s..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
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. ......nal matters The Court cannot fold its hand in despair and declare 'judicial hands off'. So long as the question arises whether an authority under the Constitution has acted with the limit of its power or exceeded it or the power has been exercised without application of mind and mechanically or......ide one or the order has been passed on some extraneous consideration or how far the order is fair and reasonable it can certainly be examined and decided by the Court. The Court cannot be debarred to examine the decision making process and the correctness of the decision itself……………......bly, was convicted of the offence of murder and sentenced to imprisonment for life. But within a period of less than two years, he succeeded to come out from prison as the Governor of Uttar Pradesh granted remission of the remaining long period of his life sentence. That order of the Governor was ..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. ......dalat before higher forum; rather he participated in the entire process. 19. The High Court Division also considered that there are conflicting decisions of the High Court Division regarding the power of Artha Rin Adalat to review its own order. In this connection, it is pertinent to quote sect......;……….........Respondents Nasima Enterprise..................... ...............Respondents Judgment April 19, 2012. Result: The Civil Petitions for Leave to Appeal are dismissed. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed ......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. ..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
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. ......spect of the suit land…………………..(20) In a suit for partition not merely the interest of the plaintiffs but also the interest of all the parties to the suit need be protected. The power to appoint a receiver as conferred by Order 40, rule 1 of the Code of Civil Procedure, there......t: The petitions are disposed of. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XL, Rule 1 Appointment of receiver in a suit for partition It is not proper to appoint a receiver in a suit for partition. Mere existence of a dispute cannot be a ground whats......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. ..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
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. ......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. ...... Rahima Khatun and others…………………Opposite-Parties Judgment April 12, 2012. Result: The Rule is made absolute. Cases Referred to- Solaiman (Md.) Vs. Sufia Akhtar Alam being dead her heirs Nirjesa Rahamat-ullah and others,......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. ..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. ...... the convicted accused against the judgments Judge, Court No.7, Dhaka. In those appeals the Commission prayed for addition 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......33 of 2010). Ahsanul Karim, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-record—For the Petitioners No.1 (In Criminal Petition No.234 of 2010). Criminal Petition for Leave to Appeal Nos.190-191 of 2010 with Nos. 233-234 of 2010. (From the judgment and order dated 8-1......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. ..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
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. ......antity, price, description and customs classifications of any goods verified and certified in the prescribed manner by a PSI agency shall be accepted as the basis for assessment. And in exercise of power vested in the Government under section 25A of the Act the Government framed “প্রি-......(Civil) Present: Surendra Kumar Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shamsul Huda J Commissioner of Customs......................Appellants Vs. Faridul Alam..................................Res......ceedings in accordance with law. The importer made representations on 12-4-2009 and 22-4-2009 to the respondents admitting that his supplier exported old/used motor parts as scrape and prayed for granting him permission to melt the goods in the furnace of his factory in presence of the appropr..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
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. ......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. ......tioners Vs. Md. Abdus Sattar and others...................................Respondents Order April 11, 2012. Result: Leave is granted Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General, instructed by Mahmuda Begum, Advocate-on-Record —For the Petitioners. Abdur Rob......t of Bangladesh and others………………………Petitioners Vs. Md. Abdus Sattar and others...................................Respondents Order April 11, 2012. Result: Leave is granted Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General, instructed by Mahmuda Begum..Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120
Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)
....e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ......ls in the Upazila. 6. The respondent-government, in all those writ petitions contested contending, inter-alia, that according to"(33Wftt" published on 4-2-2010 the government has ample power to curtail/stop the payment of government portion of salaries of the teachers and employe......lip;………………………… Respondents Judgment April 10, 2012. Result: All the Petitions are dismissed. Opportunity to educational institutions of being heard complying the demand of natural justice. Admitt......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ..Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13
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. ......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. ...... Lawyers Involved: Dr. A.K.M. Ali, Advocate, instructed by Muhammad Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented-For Respondents. Criminal Petition for Leave to Appeal No.175 of 2009. (From the judgment and order dated 11th November, 2007 passed by the ......s. Dona Securities Chamber Building (2nd floor) 122-124, Motijheel C/A, Dhaka and others ...............................Respondents Order April 10, 2012. Result: The leave is granted. Lawyers Involved: Dr. A.K.M. Ali, Advocate, instructed by Muhammad Nawab Ali, Adv..Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212
.... 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.
...... does not mean that AGM to transact the left out agenda cannot be transacted subsequently, inasmuch as by now it is well settled that under section 85(3) of the Act, 1994, the Company Court has ample power to pass necessary ancillary order to hold fresh AGM which was not held in accordance with law ......Bank of Bangladesh Limited and Others……….Respondent
Judgment
April 9, 2012.
Result:
The leave petition is disposed of with instructions.
Cases Referred to-
Reazaul Karim (Md.) and others Vs. ABM Khalequzzaman and others, 62 DLR (AD) 411; Satish Ch......as(sic) could not be transected (sic) and the Company Bench therefore was moved under sections 81(2) and 85(3) of the Act and in making the Rule absolute, the High Court Division appears to have only granted ancillary and consequential order including those pertaining to fixing Record Date and condu..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....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. ......hu Case No.224 of 2010 arising out of Rajpara Thana Case No.33 dated 25-8-2010 corresponding to MGR Case No.1046 of 2010 is hereby reversed and the convict-appellant is discharged, in exercise of the power vested in this Court under clause (b) of section 423 of the Code of Criminal Procedure, from t......d-Appellant (In-Jail) Vs. State………………………..............For the Opposite-Party Judgment April 3, 2012. Result: The appeal is allowed. Cases Referred to- Mizanul Islam @ Dablu Vs. State, 41 DLR (AD) 151; State Vs. Monu Miah, 54 DLR (AD) 60. ......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
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ...... of confining any woman or child for the purpose of extracting ransom. Section 30 covers the instigation of such offences as mentioned above. For ends of justice, Tribunal Judges are empowered to try any other related offences simultaneously The offences under sections 302/201/3......ining any woman or child for the purpose of extracting ransom. Section 30 covers the instigation of such offences as mentioned above. For ends of justice, Tribunal Judges are empowered to try any other related offences simultaneously The offences under sections 302/201/34 of the......ned judgment and order, the High Court Division discharged the Rule. 8. The accused-appellant herein filed Criminal Petition for Leave to Appeal No.208 of 2004 whereupon leave was granted to consider the following: "Whether in view of the fact that the occurrence a..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
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. ......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. ......tant Judge, Durgapur, Rajshahi against the defendants-appellants and other defendants-respondents praying for a declaration of title in respect of the suit land described in schedule 'B' to the plaint. The case of the plaintiff, in short, is that suit land originally belonged to Nasirud......e being an exceptional one the High Court Division exercised its jurisdiction properly. 11. We have considered the submissions of the earned Advocates, the impugned judgment and order, the leave granting order and other papers incorporated in the paper book. At the very outset it is necessary t..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. ...... error or illegality ............. .......................(9) Non-appearance of complainant leads to acquittal of the accused Section 247 of the Code of Criminal Procedure has empowered the Magistrate to acquit the accused if the complainant fails to appear on the day of hearin......passing the impugned judgment and order the learned Sessions Judge did not commit any error or illegality ............. .......................(9) Non-appearance of complainant leads to acquittal of the accused Section 247 of the Code of Criminal Procedure has empowered the Mag......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
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. ......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. ......b Hossain, Advocate-on-Record—For the Petitioner. Dr. Rafiqur Rahman, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2537 of 2009. (From the judgment and order dated 26.10.2009 passed by the High Cou......Chittagong...................................Petitioner Vs. Nurul Haque and others................................Respondents Order March 19, 2012. Result: The leave is granted. Lawyers Involved: Mahbubey Alam, Senior Advocate (Obaidur Rahman Mustafa, Advocat..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
87987162911257178813813070876591879971618675805289828360709184038833712787698292