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Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......f justice demand in a particular case. In order to decide whether the ends of justice require its application to a particular case, it should be kept in mind is that not only the interest of the party seeking relief is invoking this power but also that of the other party who may be affected by ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....tainable in its present form. 70. Title Suit No.38 of 1992 was dismissed with the finding, inter alia, that (i) the suit was filed within time, (ii) the suit was maintainable, (iii) there was no defect of party in framing the suit and (iv) the plaintiff was not entitled to the decree as prayed ......)-1(b) and respondent Nos.2-10 for declaration that the registered lease-deed dated 18-5-1965 corresponding to 4thjaishtha, 1372 BS in between his father, the predecessor-Mutwalli, Asadullah as first party and defendant No.1, Moulana Fariduddin Ahmed as second party being deed No. 5679 reg..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......e State. Criminal Miscellaneous Case No.12963 of 2008. Judgment AKM Shahidul Huq J.- This Rule under section 561A of the Code of Criminal Procedure was issued calling upon the opposite party to show cause as to why the proceedings of Jhenaidah Sessions Case No.105 of 2008 under sectio..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ...... provisions of the contract. Professor Dr. Golam, Rahman thus having been appointed as the sole arbitrator served notices upon both the parties on 31-5-1998 calling upon the appellant being the first party of the arbitration proceeding to file statement of claim in writing and advising the responden..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
.... No.3, so we see no scope of interference with those findings of facts. 19. The High Court Division rejected the objection raised by the appellants (petitioners herein) that the suit was bad for defect of party as Mr. Nesarul Islam, the subsequent purchaser, was not made a party in the suit on ......further submitted that after taking over possession of the project site, the land owner collected money from different sources, such as: from other flat owners and by selling the suit flat to a third party and then got the unfinished work completed; third party to whom the suit flat was sold being a..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ......mistake apparent from the record, amend any order passed by it under sub-section (1) and shall make such amendments if the mistake is brought to its notice by the Commissioner of Customs or the other party to the appeal; Provided that an amendment which has the effect of enhancing the assess&sh..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ...... order XXI, rule 90 of the Code of Civil Procedure submits that, the application filed by the appellants is on misconception of law and fact as a decree can be set-aside at the instance of third party by a separate case, not on the same proceedings, as such, the application having been filed mi..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....on of party cannot be entertained at this stage and hence the same is rejected." On the other hand, minority view was that "At the out set in the written statement the question of defect of party was raised by the 2nd Party-Respondent, Reya Builders & Engineers Ltd and all th......Party in the Proceedings- After appreciating the provisions of section 7A and 21 of the Arbitration Act, 2001, it is manifest that the application for addition of patty by the 2nd party to implead the 3rd party in the proceedings does not come within the ambit of law. Therefore, ..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
.... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......suing notice to the respondents to show cause as to why the respondents shall not be restrained by an order from entering into any management agreement or any other similar arrangement with any third party other than the petitioner for operating, establishing or managing any “Hilton” branded hot..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......plainant-petitioner issued a notice under section 138(1)(b) of the Negotiable Instruments Act but the accused-petitioner did not respond for which having no other alternative the complainant-opposite-party filed all these CR cases in order to secure the trial of the accused-petitioner for committing..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ......e a clause whereby in case of nonperformance, or after the passage of a specified period of time, the contract would either be deemed to have been terminated or would be determined at the behest of a party to the agreement. In the instant case, Clause 1 of the agreement dated 18.12.1986 provides tha..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ...... a registered deed of the year 1975 as forged, inoperative and collusive. A registered deed has got a presumptive value of being genuine. This presumption, no doubt, is rebuttable. The party who claims a registered deed to be forged, collusive etc. the initial onus lies upon that..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ......as very difficult “to make meaning out of the grounds”; the petitioner had been filing one application after another relating to his alleged extra martial affairs with respondent opposite party No.5, Zeenat Sharmin Anny who is the wife of another person; the petitioner should not be allo..Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......ioners, filed the above mentioned Miscellaneous Case No.17 of 2007 under section 96 of the State Acquisition and Tenancy Act for pre-emption. 4. The case of the pre-emptors was that the opposite party Nos.2 and 4 were owners in possession of 1.39 acres of land of S.A. Plot No.408 of mouja ..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ......7. None appears for the petitioner. Md. Abdul Rahman Howlader, the learned Assistant Attorney-General appears for the State and opposes the Rule. 8. The Anti-Corruption Commission was not made a party to the proceeding. However Khurshid Alam Khan, the learned Advocate, appears on behalf of the ..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......amount. 11. In the case of Beximco pharmaceuticals Ltd. Vs. National Board of Revenue in Writ petition No.2876 of 2010, Judgment delivered on 27-7-2010 (unreported case) where one of us was a party- this Division held that under the compelling circumstances the petitioner should have been..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ...... Shahidul Islam, Deputy Assistant-General with Md. Salim, Deputy Attorney-General with Md. Ekramul Haque, Deputy Attorney-General and Copal Chandra Saha, Assistant Attorney-General - For the Opposite-party No.1 (State). Anisul Huq and Md. Khurshid Alam Khan, Advocates - For the opposite-p..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161