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Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)

....ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ......iction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Marzan Abedin………………………….Petitioner Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others.........Respondents Judgment May 15, 2012. ..

Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4

Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)

....an application which does not call for issuance of rule and do reject the application summarily.   Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69   ......rt may seem fit and proper. The Rule is made returnable within 4 (four) weeks. Sheikh Hassan Arif J (Dissenting): Since I could not persuade myself to agree with his Lordship, the presiding Judge, to issue Rule Nisi in this matter, I humbly beg to pass the following dissenting order: ..

Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6

Maisha Corporation (Pvt.) Ltd Vs. Bangabandhu Sheikh Mujib Medical University (BSMMU) and others, 2012, 41 CLC (HCD)

.... 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.     ......Musa Khaled J.- This First Mis­cellaneous Appeal under section 48 of the Arbitration Act, 2001 is directed against the judgment and order dated 1-12-2009 passed by the learned Additional District Judge, 2nd Court, Dhaka in Arbitration Miscellaneous Case No.543 of 2009 setting-aside the Arbitral ..

Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16

Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)

....l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ......ssed by a Single Bench of the High Court Division in Civil Revision No.2331 of 2007 making the Rule absolute and reversing the judgment and order dated 13.03.2007 passed by the learned Joint District Judge, 2nd Court, Noakhali in Miscellaneous Appeal No.6 of 2006 affirming the judgment and order dat..

Category: Property Law | Date: 10 May, 2012 | Hits: 7

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. ......y a Single Bench of the High Court Division in Civil Revision No.2923 of 1994 discharging the Rule and affirming the judg­ment and decree dated 30-7-1994 passed by the learned Additional District Judge, Sylhet in Title Appeal No. 190 of 1989 allowing the appeal and reversing the judgment and dec..

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.     ......No.19 of 2001 and regularly paying rent in that suit. Defendant appellant having scent that he may be physically ousted from the suit premises filed Title Suit No.17 of 2002 in the Court of Assistant Judge, 2nd Court, Dhaka (subject matter of Civil Revision No. 4570 of 2009) which was decreed by the..

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 ......liberties, material deprivations, and non-pecuniary damages. In its wide umbrella comes everything that affects a citizen in his civil life." 43. After making above observation, the learned Judge travelled the globe to explore the principle and concluded: "We may, however, point..

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. ...... M/s Al-Razib 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 passe..

Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18

Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ......against the decision dated 05.01.2009 passed by the Administrative Appellate Tribunal, in Appeal No.206 of 2006 dismissing the appeal and affirming the decision dated 19.05.2003 passed by the learned Judge, Administrative Tribunal, Chittagong in Administrative Tribunal Case No.51 of 2002 dismissing ..

Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7

State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)

....essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......ecution case that the accused-respondent by creating a false belief in the mind of the victim girl that she got married with him, established a regular physical relationship with her, but the learned Judges of the High Court did not take into consideration these evidence at all. The learned Addition..

Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27

Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)

....sentence and to take the concerned person into custody, if at large, to undergo the unexpired portion of sentence; sub-section (2) of the section makes a provision that the Government may require the Presiding Judge of the Court before or by which the conviction was had or confirmed to state is opin......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 directed to give effect to the order of remission of sentence of the..

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. ......ed 18-11-2009 passed by a Division Bench of the High Court Division in Writ Petition No.7309 of 2006 discharging the Rules and affirming the Order No.115 dated 13-07-2006 passed by the Joint District Judge and Artha Rin Adalat, Munshigonj, in Artha Rin Execution Case No.02 of 2001 allowing the appli..

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. ......respective gold vide annexure 'C' to the writ peti­tions (declaration form under the Baggage Rules). The High Court Division also relied upon a report submitted by respondent No.3 to the Sessions Judge, Sylhet in this regard vide annexure 'B' to the writ petitions. The High Court Division total..

Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20

Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)

.... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ......ed in their names collusively and the defendant No.4 thereafter obtained a decree declaring his maliki right in the suit land in Title Suit No.33 of 1966 of the Second Additional Court of Subordinate Judge, Sylhet. That the defendant No.4 tried to take possession of the suit land but failed and indu..

Category: Property Law | Date: 16 Apr, 2012 | Hits: 72

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. ......e Bench of the High Court Division in Civil Revision Nos. 3492 and 3650 of 2006 making the Rules absolute, setting aside the judgment and order dated 15.06.2006 passed by the learned Special District Judge, Dinajpur in Miscellaneous Appeal Nos.79 and 85 of 2002 reversing the order dated 02.11.2002 p..

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. ......ollows:- 3. Md. Ismail and Md. Yusuf sons of late Ali Akbar (the petitioners of leave petition No.642 of 2009) filed pre-emption Miscellaneous Case No.17 of 1999 in the court of Senior Assistant Judge, Begumgonj, Noakhali stating, inter alia, that the vendor respondent No.6 trans­ferred the ca..

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. ......4 of 1999. Judgment Shahidul Islam J. - This Rule was issued calling upon the Opposite-Parties to show cause as to why the judgment and decree dated 20-4-1999 passed by the Senior Assistant Judge, Sadar, Mymensingh in Small Cause Court Suit No.7 of 1996 should not be set-aside and/or such ..

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. ......ons for being impleaded as respondent in crim­inal appeals filed by the convicted persons. The appeals out of which these petitions arose were filed by the convicted accused against the judgments Judge, Court No.7, Dhaka. In those appeals the Commission prayed for addition as respondent on the g..

Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212

Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)

....six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ...... accused had also guns and they fired from their guns as well. The High Court Division took the right decision in affirming the sentence of death awarded against the appellant by the learned Sessions Judge. It further appears that the appellant is in death cell since 12-8-2002 and by now he has suff..

Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2

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. ......ties and Exchange Ordinance. The accused A.K.M. Shamsudohha appeared before the High Court Division and obtained ad-interim anticipatory bail. The case was then trans­ferred to the Court of Sessions Judge, Dhaka and at the time of hearing of dis­charge application under section 265C of the Code of..

Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212