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State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)
....l the accused brought a fake "moulvi" to the house of the informant and performed a fake marriage between he and that victim girl and thus created a belief in the mind of the victim girl that she was legally married wife of the accused and since thereafter he had sex with the victim girl frequently.......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. ..Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....onstitution of the People's Republic of Bangladesh the learned Assistant Sessions Judge is liable under the law to give effect to the order of the President and in not doing so he committed serious illegality and exceeded its jurisdiction. Mr. Tamizuddin further submits that there is no legal just......……….(48 & 49) It is presumed that the President and the concerned authorities of the Government are well conversant with the law that if a fugitive from law is given pardon knowing his status then the exercise of power under Article 49 of the Constitution or section 401(1) of the Code..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)
....ince the defendant-judgment debtor failed to pay the decreetal amount, the decree-holder Bank on 31-01-2001 filed Artha Rin Execution Case No.02 of 2001. In the Execution case after completion of all legal formalities, notice was published for sale of the mortgaged property of the judgment debtor in......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
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....the Baggage Rules, 2000, in short, the Baggage Rules. Respondent No.4, Mobara Khanum, Assistant Commissioner of Customs who was on duty at the relevant time demanded excess money over and above the legal customs duty from the petitioners and said Abul Hossain and she refused to assess the custom......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. ..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)
....r title in the suit land and for permanent injunction and also for declaration that the settlement of the suit land as enemy property in favour of the defendant No.3 by the defendant No.2 was illegal. 4. The case of the plaintiffs, in short, was that Sree Sree Radha Madhab Jew Deity the d...... 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. ..Category: Property Law | Date: 16 Apr, 2012 | Hits: 72
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....appellate Court took into consideration the findings arrived at by the trial Court in detail and came to a finding that appointment of receiver by the trial Court without hearing the other side was illegal and as such the ex-parte order could not sustain. The appellate Court also noted that the prop...... order passed by the learned Subordinate Judge appointing receiver in a suit for partition on the ground that on an application filed by one of the defendants, the parties were directed to maintain a status-quo in respect of the suit property. 26. In the present case, the plaintiffs could have..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....yance to occupiers of adjoining or neighbouring premises, or (d) Where the tenant has been using the premises or part thereof or allowing the premises or part thereof to be used for immoral or illegal purposes, or (e) Where the premises are bonafide required by the landlord either for purp......discussion as made above, I am inclined to answer the question No. (b) and (c) in the affirmative. At the same time I am inclined to hold that the attornment made after words will not affect the status of the defendant. That claim of attornment is not enough to file a suit for eviction of ..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
....ke, drum, oil tank, etc. and those are usable in the present condition and restricted list of the Import Policy order 2006-2009." The customs authority held up the delivery of the imported goods on legal grounds and started departmental proceedings in accordance with law. The importer made rep....... 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. ..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)
.... records were not clean enough, the embargo on their promotions were placed to ensure the high degree of integrity and professionalism in the force, which is not unreasonable or in conducive to the legal norms, major punishments are awarded by following due process of law, and the writ petitione......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. ..Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120
.... as to why the holding of the 10th AGM of respondent No.1, EXIM Bank "without holding and completion of 9th AGM by electing its Directors of the Board of Directors should not be declared to be illegally done and impractible to call the 10th AGM of respondent No.1 bank, namely, Export-Import Ban......No.1 bank published in the Diary-2009 at pages-41 and 42 showing her appointment on 01.12, 2008 (Annexure-'C-3') although during the period from 26.08.2008 to 05.03.2009 there was an order of status quo passed by a Division Bench of the High Court Division in Writ Petition 6653 of 2008 in re..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....ayment of dues, when the cheques were presented to the Bank for encashment, those were dishonoured on 04.10.2007 for insufficiency of fund in the account of the drawer (the petitioner). Thereafter, a legal notice was issued to the accused-petitioner on 31.10.2007 demanding payment of money of those ......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ত্র নং ৪১ আই টি এফ ডি/রপ্তানী/গার্মেন্টস/১০৭৮dated 22-9-2010 (Annexure-E to the Writ Petition) and thus unlawful and is of no legal effect. 3. Material facts necessary for disposal of the case are as follows:- The p...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....ons cited by the learned advocate for the appellant is liable to be distinguished in the facts and circumstances of this case. Accordingly, he maintains that the impugned Judgment suffers from no illegality or infirmity and the prosecution has been able to prove its case beyond reasonable doubt, h......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
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
....an Damon Tribunal by his order dated 28.9.1996 as he found the offence triable by the Tribunal. The accused-petitioner did not challenge the said order. Under this uncommon circumstance, there was no legal requirement on the part of the victim-complainant to approach the police for lodgment of a fir......no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
....r case, fresh petition of complaint can not be a bar under any law. And as such it can be said that in passing the impugned judgment and order the learned Sessions Judge did not commit any error or illegality ............. .......................(9) Non-appearance of complainant lea......llegality. 10. However, on perusal of the record it appears to us that the alleged occurrence took place on 8-1-1980 and in the meantime more than 32 years have already been elapsed. The present status of the accused-persons as well as the complainant are not known to us and the learned Advocat..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. ......9 DLR (AD) page-16). III. Because the court of appeal below has not taken into consideration that under Abdul Latif there are more than 20 persons as dakalkar and none of them has been acquired status of tenant and the court of appeal below as well as the High Court Division has failed to ta..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....osition that plaintiffs are in possession for more than 40 years and this possession is by registered document which has presumptive value and defendant entry to the suit land having not been through legal process trial court ought to have decreed the suit. Learned Advocate further submits that plai......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....gladesh, the respondents have been called upon to show cause as to why the attempt to change the historical and approved master plan of Dhaka New Market Complex Structure, should not be declared as illegal, without lawful authority and hence, is of no legal effect. 2. Facts, in brief, are ......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
....ity in the session of 2011 and thereby staying the Memo No.(UGC/Admin/paboishwa/402 (Tadanto)/08/8200 dated 29-9-2011, should not be declared to have been issued without lawful authority and is of no legal effect.
2. Facts leading to the issuance of this Rule, in short, are that Petitioner No.1......upplementary-affidavit an allegation has been made that an Assistant Professor named Dr Md. Anisur Rahman was insulted by the Vice-Chancetior of the PSTU for requesting the VC of the PSTU to maintain status-quo order of this Court as to admission of the students.
6. The respondent Nos.8 and 9, ..
Category: Others | Date: 14 Mar, 2012 | Hits: 5
.... by the impugned judgment made the rule absolute and declared the enlistment of the writ petitioner's name in the CIB list as a loan defaulter to have been made without lawful authority and of no legal effect. It was argued that the High Court Division erred in law in holding that the writ petit......r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing.
Ed.
This Case is also Reported in: 9 ADC (2012) 865.
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Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7
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