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State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)

....rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ......s at this stage, the accused petitioner moved the High Court Division a petition under section 561A. The High Court Division without assigning any rea­son made the above direction disposed of the application summarily. 3.  From the materials produced before the High Court Division, we ..

Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7

Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)

....ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......ose statements are excluded, there will remain nothing to connect the appel­lant Titu which is evident in the preceding paragraph of her judgment. The case relied upon by my learned sister has no application in this case, inasmuch as, in that case the evidence of P.W.6 Shamim Banu was challenged..

Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36

National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)

....victims. The appeals are, therefore, allowed without any order as to costs with the above observa­tions. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......jury but their grievances cannot be redressed as they are not able to reach the court. Every wrong or curiosity is not and cannot be subject matter of PIL. In the name of public interest frivolous applications should be avoided……………………………(10) Present trends of a group..

Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27

Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)

....ng the date for delivery of judgment and accordingly the date was shifted to 31-7-2012. Today the matter has appeared in the list for delivery of judgment Mr. Md. Nurul Amin took part in the hearing afresh and he submitted that the prayer for amendment of plaint is at too belated stage, and, as such......ayer made by Mr. AK Mainuddin, the date of delivery of judgment was deferred to 29-7-2012 allowing a scope to the plaintiff to amend his plaint. On 29-7-2012 the plaintiff opposite-party submitted an application seeking for amendment of plaint only by incorporating an additional prayer seeking benam..

Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5

MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)

....oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......rudduza, Advocate—For the petitioner. Raisuddin Ahmed, Advocate—For the Respondent Nos.2 and 5. Company Matter No.95 of 2012. Judgment Md. Rezaul Hasan J. - This is an application under section 233 of the Companies Act, 1994 (the Act). 2. It appears from the stat..

Category: Company Law | Date: 31 Jul, 2012 | Hits: 16

Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)

....r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27   ......ip;………………......Petitioner Vs. District Magistrate, Chittagong and others .......Respondents Judgment July 30, 2012. Result: The application is disposed of. Lawyers Involved: Meah Mohd Kausar Alam, Advocate-For the peti..

Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1

State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)

....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......uris­diction, its decision. This sort of order tantamounts to undermining the authority of the learned Magistrate by the Judges of the highest echelon. Before making any decision on the basis of the application filed by the inves­tigating agency by the learned Magistrate, the learned Judges usurpe..

Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32

Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)

.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......dash;For the accused-petitioners Nozibar Rahman, D.A.G. with Md. Manjur Kader, A.A.G.—For the State Criminal Misc. Case No.5606 of 2004 Judgment Borhanuddin J. — On an application under Section 561A of the Code of Criminal Procedure this Rule has been issued calling u..

Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1

Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)

....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ............Defendant-Respondents Judgment July 25, 2012. Result: The appeal is dismissed. State Acquisition and Tenancy Act, 1950 (XXVIII of 1951); Section 144B. No suit or application shall be brought in a civil court in respect of any order directing the preparation or r..

Category: Property Law | Date: 25 Jul, 2012 | Hits: 10

AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......ther developments.” 8. Thereafter, on 18.06.2012 the Hon'ble Speaker was pleased to give the Ruling. Being aggrieved by the Ruling of the Hon'ble Speaker on 18.06.2012 the petitioner moved this application. 9. Mr. Rokanuddin Mahmood and Mr. Akhter Imam, two learned Senior Counsel along wit..

Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236

A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)

....t can always do. At least 15 members of the Federation including writ-petitioner No.1, the General Secretary and 14 members who resigned from the Executive Committee were present and resolved to hold fresh election. He denied the allegation that the voters list was prepared in breach of clause 9 of ...... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147

Md. Mozaffor Hossen and another Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......ামলা প্রত্যাহার-৭/২০১০ (১৮তম সভা) 3964 dated 05.07.2007(Annexure-K); to that effect the Public Prosecutor on behalf of the State had duly submitted application under section 494 of the Code of Criminal Procedure before the concern court; however, t..

Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23

Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)

....ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......Court Division got a sale deed registered and also got the delivery of possession of the property through the process of the Court. Thereafter, the peti­tioners who are the third parties filed an application under Order 21, Rules 90, 100 and 101 of the Code of Civil Procedure, read with section..

Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16

Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)

....t and decree dated 1-6-1998 passed in the appeal. The review petition was allowed by the learned Sub-ordinate Judge by order dated 22-9-1999. The learned Judge ordered for hear­ing of the appeal afresh and after hearing of the appeal afresh, learned Judge by the judgment dated 24-4-2000 allowed ......92 (Con) of 2011. Judgment Sharif Uddin Chaklader J. - This rule under section 14 read with section 5 of the Limitation Act for condonation of delay 4,614 days in pre­ferring revisional application against judg­ment and decree dated 10-6-1998 passed by the learned Joint District Ju..

Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18

Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)

....ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ......public of Bangladesh since the dismissal of the respondent being terms and conditions of his service, II. Because the High Court Division erred in law in not considering that the respondent's application for review under Section 21 of the General Clauses Act as well as under Section 6 of th..

Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4

Marsu Ltd and another Vs. Waliullah, FCA, Partner of M/s. Malek Siddique Wali Chartered Accountant and Receiver of Marsu Ltd, 2012, 41 CLC (HCD)

....is acquitted from the charges brought against him. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ......and over the management of the company to the incumbent Board of directors alongwith all papers and docu­ments as were taken into their custody by the receiver. 3. The contemner has filed an application today, making unqualified apology before this Court. 4. The learned Advocate Mr. Mo..

Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5

Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)

....ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......id auction on 21.01.2008, but failed to succeed. Thereafter, the petitioner as 3rd party claimant to a part of the auction sold property (hereinafter referred to as the property in question) filed an application under section 32 of the Ain, 2003, by depositing 25% of the decreetal amount as mandated..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143

Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)

.... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183.  ......ul Haque, Advocate got itself added as respondent No.3. 6. In the body of the writ petition, facts were stated in a more cumbersome manner which are as follows: The cause of action of the application under article 102 of the Constitution arose on alienation of right to a decree on admiss..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108

City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)

....xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......an Labour Appellate Tribunal, Dhaka in Appeal No. 349 of 2011 affirming the order dated 8-4-2011 passed by the respondent No.2, 2nd Labour Court, Dhaka in BLL(Appeal) Case No.199 of 2010 rejecting an application for addition of party filed by the petitioner for being added as respondent No. 2 in the..

Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2

Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)

....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......in short, the Act), for the respondent No.1 is a statutory body established under the Ordinance No. LII of 1976 and according to section 3(2)(b) of the Act, 2006 this Act applies, for its scope of application extends to  “procurement of goods, works or services by any government, semi-gov..

Category: Others | Date: 21 Jun, 2012 | Hits: 20