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Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......der section 5 (1) of the Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 (Ordinance 24 of 1970) When a suit is pending between the parties, wherein an order of temporary injunction restraining the Government and its allottee is still in force and the ......ty and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ...... High Court Division (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Maleka Khatun………..................Petitioner Vs. Bangladesh and others ………...Respondents Judgment November 18, 201..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ...... Abdus Samad Azad, Advocate—For the respondent No.1. First Miscellaneous Appeal No. 165 of 2011. Judgment Sheikh Abdul Awal J.- This appeal is directed against the judgment and order dated 28-5-2005 passed by the learned Joint District Judge, 2nd Court (in-charge), Gazipur in ......others......Respondents Judgment November 14, 2012. Result: The appeal is allowed. Re-admit of Appeal- Whether the appellant was prevented by sufficient cause from appearing before the Court- The question of considering the matter of re-admission of an appeal befor......3 is a co-sharer by inheritance in the case jote, who transferred the case land to opposite-party Nos. 1 and 2 by a so-called deed of exchange in order to defeat the right of pre-emption of the petitioner. The pre-emptor is a co-sharer of the case holding and the pre-emptee opposite-party Nos.1 and ..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......libi, not set up at the earliest stage, is, in most cases, unconvincing, in proving the plea of alibi, the accused need not be required to prove the exact time and every moment of time involved in order to sustain his defence. It is sufficient for him to raise a reasonable doubt of his presence ......or our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......satisfactorily proved is, in general, sufficient to warrant a conviction without corroboration. As in the case of a deposition, so in the case of a confession of an accused, the presumption mentioned in section 80 of the Evidence Act would arise if the confession has been recorded in accorda..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135.......alibi, not set up at the earliest stage, is, in most cases, unconvincing, in proving the plea of alibi, the accused need not be required to prove the exact time and every moment of time involved in order to sustain his defence. It is sufficient for him to raise a reasonable doubt of his presence......ich calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135.......less it is proved otherwise secondly in such type of incident, it is difficult on the part of the prosecution to lead direct evidence to prove the charge; and the inmates of the house who are near ones of the accused normally do not want to depose against the accused and try to suppress the real..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....after completing training, he came back to this Country and again joined C & B and was promoted as the Executive Engineer. At that time, the then Dacca Improvement Trust (DIT) now RAJUK published notice for allotment of plots at Gulshan Model Town for 99 years. Engineer Shamsul Kabir H......he Respondents (In Civil Petition No.2198 of 2011) Civil Petition for Leave to Appeal No.2199 of 2011. With Civil Petition Nos.1671-1672 and 2198 of 2011. (From the judgment and order dated the 10th day of February, 2011 passed by the High Court Division in First Appeal No.357 ......ccordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......mar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shamsul Kabir Humayun Reza………………Petitioner Vs. Anwarul Hasan and Others…………………&..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ......e learned Joint Sessions Judge, Second Court, Jamalpur in Sessions Case No.118 of 2010 rejecting prayer for discharge of the accused-petitioner, should not be set-aside or and/or pass such other order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rul......ent and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ......h Court Division (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Sk Ahmedullah (Babul) ...........................Petitioner Vs. Al-haj Md. A Rashid...............................Opposite Party Judgment ..Category: Others | Date: 11 Nov, 2012 | Hits: 8
....he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
......ity or jurisdiction to terminate the plaintiffs. Only the Managing Director of Sonali Bank could legally terminate the plaintiffs since he was the appointing authority of the plaintiffs. The impugned order of termination was mala fide, illegal and without jurisdiction and the order was passed withou......(Civil)
Present:
Soumendra Sarker J
Md. Mosharraf Ali Khan and others………………….....Petitioners
Vs.
Assistant General Manager, Principal Office, Sonali Bank, Barisal of Bagura Road, Barisal City, District-Barisal and others&helli......
..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....d-petitioner was a veteran Freedom-Fighter who used to perform outstanding social activities to promote the cause for the distressed people. However, a tender notice at the instance of RAJUK was published in the Daily Ittefaq on 5-6-2004 for sale of numerous abandoned properties. In response to......f the Prevention of Corruption Act, 1947 and Rule 15 of the Emergency Power Rules, 2007, now pending before the Special Judge, Court No.3 Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant to disposal of the ......ed to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ......Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Ali Haider Chowdhury .................Petitioner Vs. State and another…………………...Oppos..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the provision of Penal Code and/or pass such other or further order or orders as to this Court may seem fit and proper. 4. Facts leading to the issuance of the Rule, in brief, are: A news was published in the daily “Ittefaq” on 20.10.2012 with the headline that "দোররায় ক...... authority and why a direction should not be given upon the respondent nos.1-4 to take legal action against the respondent no.5-8 under the provision of Penal Code and/or pass such other or further order or orders as to this Court may seem fit and proper. 4. Facts leading to the issuance of ......der the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ......urt High Court Division (Special Original Jurisdiction) Present: Naima Haider J Muhammad Khurshid Alam Sarkar J Advocate Asaduzzaman Siddiqui................ Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Banglades..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... No. 14 dated 8-5-2011 (Annexure-D-1) passed by the learned Judge, Artha Rin Adalat and Joint District Judge, 1st Court, Bhola in Artha Execution Case No. 20 of 2010 and as to why auction notice published in the Daily Ajker Bhola on 20-4-2011 in the Daily Nayadiganta on 22-4-2011 (Annexure-B an...... Writ Petition No. 4123 of 2011. Md. Ashfaqul Islam J. - At the instance of the petitioner, Md. Mosharef Hossain, this Rule Nisi was issued calling upon the respondents to show cause as to why order No. 14 dated 8-5-2011 (Annexure-D-1) passed by the learned Judge, Artha Rin Adalat and Joint D......g Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......reme Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badrazzaman J Mosharef Hossain (Md.).............................Petitioner Vs. Bangladesh and others..........................Respondents Judgment &nb..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......ucted by Muhammad Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented- For Respondent No.2. Criminal Petition for Leave to Appeal No. 656 of 2012. (From the judgment and order dated 25th September, 2012 passed by the High Court Division (Vacation Bench) in Criminal Misc......h Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Anti Corruption Commission……………………Petitioner Vs. Md. Obaidul Karim and another................Respondents Judgment Novem..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......udge, Lakshmipur (briefly as Judge), for confirmation of death sentence of condemned-prisoner. 2. By the above appeals the appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 23.05.2007 passed by learned Judge, in Sessions Case No. 14 o......are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......gh Court Division (Criminal) Present: Syed Md. Ziaul Karim J A.N.M. Bashir Ullah J The State………………………....Petitioner Vs. Moru Bhuiyan………..............Condemned prisoner Moru Bh..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......un, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.923 of 2009. (From the judgment and order dated 14.01.2009 passed by the High Court Division in Civil Revision No.6944 of 2001.) J......this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ...... Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imrnan Ali J Md. Shamsul Huda J Khan Matarhar and another..........................Petitioners Vs. Nirmalendu Mondal and others......................Respondents Judgment ..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....ve been annexed to the affidavit-in-opposition filed by the Bank. On perusal of the order sheets, it appears that the Adalat by order No.15 dated 14.11.2005 allowed the prayer of the decree-holder to publish the notice of the auction in two newspapers: one in the ‘Daily Naya Diganta’ and...... None represented-For the Respondents (In both cases) Civil Petition for Leave to Appeal No. 648 of 2010. with Civil Petition No. 434 of 2011. (From the judgment and order dated the 10th day of January, 2010 and the 3rd day of February, 2011 passed by the High Court......In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ...... (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J Abdur Razzaque Chowdhury and others.......Petitioners (In both cases) Vs. Artha Rin Adalat and others.......................Respondents (I..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....ed to run Rickshaw without licence and the Rickshaws that have been seized would be released and the cases filed by the Corporation would be withdrawn. The aforesaid declaration of defendant No.1 was published in the Daily Newspaper on 8-12-1996 namely Daily Khabar, Daily Nowroz etc. and in accordan......hury J. — At the instance of the defendant-petitioners, Mayor, Dhaka City Corporation and others, this Rule has been issued calling upon the opposite party to show cause as to why the order No. 8 dated 30-1-2000 passed by the Assistant Judge, 4th Court, Dhaka in Title Suit No. 321 of...... Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ......n (Civil Revisional Jurisdiction) Present: Md. Moinul Islam Chowdhury J Mayor, Dhaka City Corporation...................................Petitioner Vs. Dhaka Metropolitan Rickshaw Samity..........................Opposite Party J..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......ed under the custody of the Port Authority. The Cargo unloaded is subject to the elaborate legal regime established under the Import and Export (Control) Act, 1953, Import Policy Order, Export Policy order adopted from time to time. The Chittagong Port is at the same time subject to fiscal and legal......In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ...... Court High Court Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Ibrahim (Md.).......................................Petitioner Vs. Government of the Peoples Republic of Bangladesh & others.......Respondents ..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ......)(5) of the Emergency Power Rules, 2007 and section 109 of the Penal Code, now pending before the learned Special Judge, Court No.8, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts leading to issuance of the R......ong with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ......rt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Dr. Khandaker Mosharraf Hossain..........Petitioner Vs. State and another……………………..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Grameen Solutions Ltd. Vs. Registrar, Joint Stock Com¬panies and Firms, 2012, 41 CLC (HCD)
.... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ......(which shall in fact be the section 60) of the Companies Act, 1994 (the Act) for confirmation of reduction of share capital. 2. Facts leading to filing of this application, in brief, are that in order to increase its capital base, the Company issued 1,98,000 (one lac ninety eight thousand)......lve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ......LR (HCD) (2013) 186 ..Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......as issued calling upon the opposite party to show cause as to why the judgment and decree complained of in the petition moved in Court today should not be set aside and /or pass such other or further order or orders as to this court may seem fit and proper. 2. This Rule is directed against the j......d another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ....... Ed. This Case is also Reported in: ..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ......smanagement of the affairs of the company, resulted either from noncompliance of law or otherwise, a petition under section 233 of the Act is maintainable and the Court may pass appropriate order to undo the wrong resulting from non-compliance of the provisions of the Act or of the Article......rties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ...... ..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
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