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Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
....and on 19-9-2001 issued memorandum to plaintiff. It is the case of plaintiff that without making any correspondence such drastic major was taken by defendant No.3. On 30-11-2001 plaintiff issued legal notice to defendant No.2 and 3, to which defendant No.3 gave reply on 1-11-2001claiming Taka 1...... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
....ns and sentences of imprisonment enhanced the sentences of fine. Petitioner thereafter moved these petitions. 3. Points urged on behalf of the petitioner are that the High Court Division acted illegally in maintaining the conviction without application of its judicial mind, and secondly, t...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... other high profile state dignitaries above serial No. 13 of the Warrant of Precedence, as appears from Annexure- A, should not be declared to have been taken without lawful authority and is of no legal effect, as the same is violative of Articles 29 and 31 of the Constitution for being repugnan......-gradation shall be entertained subject to availability of seat in business class. (ii) In considering the request for up-gradation, the appropriate officer will give due consideration to the status of the dignitaries strictly in accordance with the hierarchy as set out in the Warrant of P..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....er the signature on the third nomination letter was a forgery…....................(24) The IO failed to examine sufficiently the relevant persons and documents pertaining to the principle legal issues of the case prior to submitting his investigation report, and therefore further investi...... carried out by the Investigation Officer (IO) The investigation conducted by the IO was incomplete and contradictory. The two vital issues of the case were - a) the authenticity of the surplus status of the 11 accused petitioners and b) whether the signature on the third nomination letter was..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
.... term "surplus public servant" as defined in the Surplus Public Servants Absorption Ordinance, 1985 (XXIV of 1985)and the expression চাকুরীচ্যুত কর্মচারী are not legally the same expression. A surplus employee does not necessarily loose his employment because of......ly signed by accused Abdul Quayum Bhuiyan being a Deputy Secretary of the Ministry of Establishment. Following such nomination the concerned officers of the Land Ministry, without verification of the status of the accused-petitioners as the real employees of the said সংস্থা and their sta..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....; that the Criminal Revisional application No.54 of 1996 filed by the informant opposite party before the Sessions Judge is not maintainable and that the learned Sessions Judge failed to consider the legal forum that against the Judgment and order of such acquittal passed by the Magistrate in GR cas......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)
....ed judgment and order, made the Rule absolute declaring the judgment and order of the Election Appellate Tribunal, Gopalgonj in Election Appeal No.01 of 2010 without lawful authority and is of no legal effect. The High Court Division held that the writ respondent No.6 was a loan defaulter on t......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
.....m. the accused, Md. Shafiul Azam Chowdhury alias Shafi alias Mohammad Shafiul Azam, Nurul Alam, Nurul Absar, Saiful Islam, Uzzal Barua, Nurul Islam and Golam Mawla being armed with deadly weapons, illegally trespassed into vacant land lying beside the home of the informant, S.M. Iqbal Hossain, and ......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
....e filling of claim by the plaintiff. The trail court allowed that review application which was registered as Miscellaneous Case No.7 of 2000 and considering the facts and circumstances and also the legal position awarded interest @ 5% above the bank rate as claimed by the plaintiff by the judgment......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....atian and baina was acted upon. 5. Mr. Zafar Sadeque, learned Advocate, appearing for the petitioner, submits that, baina can not be said to be a sale deed as it requires certain procedure for a legal basis for transferring title and on the basis of baina no decree can be passed declaring title......s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191 21 BLT (HCD) (2013) 39 ..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
....nd why the Notice published in the daily "The Ittefaq" dated 11-7-2010 as shown in Annexure "E" should not be declared to have been published without lawful authority and is of no legal effect. 2. The petitioner is owner and proprietor of M/s Saimon Enterprise a business fir......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162. ..Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7
Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)
....r temporary period and according to the terms and conditions of the said temporary lease they can be evicted at any time from the land in question and as such they cannot claim to have acquired any legal right to get permanent settlement of this land; that the High Court Division has ignored thi......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ..Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
....
3. The organization Human Rights and Peace for Bangladesh
(HRPB) is a non profitable registered organization the objects of which is to
uphold human rights and to work for the poor people, to give legal support to
the helpless people, and to build up awareness amongst the people about their
rig......e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
....ing the Bangladesh Bank and the Sonali Bank from publishing the name of the Company as a defaulter in the CIB report with a direction to delete the name of the Company from that report. Sonali Bank illegally sent the letter dated 30.11.2008 to the Returning Officer raising objection about the candid......n to section 5(Ga Ga) quoted before, the appellant in his capacity as a Director/Managing Director, falls within the purview of the definition given in section (GA Ga) for the purpose of deciding his status for the loan taken by his company.
20. Now it is to be seen whether the loan liability in qu..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....800 band) to the petitioner in 2008 and payment of licence fee and spectrum fee for new assignments without any deduction should not be declared to have been issued without lawful authority and of no legal effect.
2. Short facts, relevant for the disposal of the Rule, are that the petitioner co......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
....o register its Trade mark under Class-32. But due to the existence of a Trade mark under the name "FROOTI" registered under No.31112 in Class-32 the respondent No.2 the Registrar of Trade mark most illegally refused to registrar the petitioner's trademark "PRAN FROOTO" on the false ground that the r...... "FRAN FROOTO" from the date of launching and due to vigorous sales promotion measure undertaken by the petitioner from time to time, the said Trade mark "PRAN FROOTO" on label acquired distinctive status in the class of manufacturing and marketing the fruit juice so that any reference as to the T..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....nstituted before the Sub-ordinate Judge, 1st Court, Dhaka, seeking a decree for declaration that the judgment and decree on compromise passed in Title Suit No. 168 of 1991 dated 3-5-95 is illegal, void and fraudulent which is not binding upon the plaintiffs. 4. The suit was instituted......litical equality which is the legitimate expectation of every section of the society. In a developing society like ours which is full of unbridgeable and ever widening gaps of inequality in status and of opportunity law is catalyst to reach the ladder of justice." 17. Mr. Farooqu..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
....si be issued, calling upon the respondents to
show cause as to why shops construction by the respondents in the place of selected
car park at Kawranbazar, should not be declared to have been made illegally,
without lawful authority and is of no legal effect and why a direction should
not be give......can be treated as a public interest litigation, and the
necessity of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:..
Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....counsel has failed to point out any extenuating circumstance for commuting the sentence of the appellant. The reasons justifying the infliction of the lesser penalty must accord with established legal principles. Where the murder was brutal and cold blooded, a sentence of death should be p......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....t has been able to prove his title in the suit land and that the plaintiff has dispossessed the defendant in respect of 0.03 acre of land without due process of law and thereby, it has committed no illegality in maintaining the judgment of the Court of Appeal below. More so, the leave petition ......on was created this provision was nonexistent. As observed above, the defendant was an under-tenant when the tenancy was created. Now the question for consideration is to determine the status of the defendant after insertion of .section 26A. On a combined reading of sections..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
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