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Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....petitioner is directed to surrender before the Court below within 6(six) weeks from the date of receipt of the Judgment and order of this Court. 62. However, the petitioner is at liberty to file fresh application for pardon, complying the observations made in this Judgment, if so advised, and......d declare 'judicial hands off'. So long as the question arises whether an authority under the Constitution has acted with the limit of its power or exceeded it or the power has been exercised without application of mind and mechanically or the order in question is a mala fide one or the order has be..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)
....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. ...... 2006 discharging the Rules and affirming the Order No.115 dated 13-07-2006 passed by the Joint District Judge and Artha Rin Adalat, Munshigonj, in Artha Rin Execution Case No.02 of 2001 allowing the application under Order XXI Rule 100 and 101 of the Code of Civil Procedure and directing the writ p..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......s. 4. The defendants–opposite parties filed written statement denying the material statements made in the plaint. 5. During the pendency of the suit, the plaintiffs-respondents filed an application under Order XL Rule 1 of the Code of Civil Procedure for appointment of receiver in resp..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ...... 4. The pre-emptee-respondent Nos.2 to 5 appeared in that miscellaneous case and filed written objection challenging the claim of pre-emption. The opposite party No.23, namely, Abul Kashem filed an application on 24.06.1999 praying for being added as co-preemptor under section 96(4) of the State..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......be decreed. Mr. Bhuiyan, refered to the case law Zaher Ahmed Vs. Manik Sardar, 6 MLR (AD) 44. 11. Mr. Bhuiyan, by submitting a supplementary affidavit, today, has coated some portion of the application filed in House Rent Control Case No.1 of 1991 and order dated 13-6-1992 and the order da..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
....pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......e in the Code shall be applicable. The Commission Ain contains complete procedure for inquiry, investigation, institution of cases and conducting such cases and therefore; the Code would have no application for the purpose of conducting cases instituted by the Commission. 8. The High Court..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
..... 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. ...... mis-declaration the customs authority was entitled to proceed in the matter as per the provisions of the Act. And the goods being restricted item which fact the petitioner also admitted by filing application to the Commissioner of Customs prima facie proved that those were imported under mis-..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)
....cretary, section-13, enlisted the name of this college in the MPO list at serial No. 85 giving effect from 1-1-2010 (Annexure-E). By another memo dated 31-5-2010 (Annexure-F) the Ministry published a fresh list of 1483 educational institutions of the country with a further declaration that......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ..Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13
Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)
....ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ......ohha appeared before the High Court Division and obtained ad-interim anticipatory bail. The case was then transferred to the Court of Sessions Judge, Dhaka and at the time of hearing of discharge application under section 265C of the Code of Criminal Procedure, the case was then transferred to t..Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212
Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)
....d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......earned District Judge, Cox's Bazar in Civil revision No.13 of 2009 affirming the order dated 9-3-2009 passed by the learned Assistant Judge, Ramu, Cox's Bazar in Other Suit No.245 of 2008 allowing an application under Order 1 Rule 10(2) of the Code of Civil Procedure making the application as added ..Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30
.... agenda cannot be transacted subsequently, inasmuch as by now it is well settled that under section 85(3) of the Act, 1994, the Company Court has ample power to pass necessary ancillary order to hold fresh AGM which was not held in accordance with law and in support of his contention, he has referre......J.- This petition for leave to appeal has been preferred by the petitioners against the order dated 05.08.2009 passed the learned Company Judge in Company Matter No.181 of 2009 rejecting summarily an application filed by them under sections 81, 85(3) read with sections 91(1)(b) and 36 of the Compani..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....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. ......petitioner (hereinafter referred to as the accused-petitioner) alleging, inter alia, that he is the proprietor of his business establishment, the Asian Poly @ Box. The accused-petitioner submitted an application to the complainant-company for short term loan facility and a loan of TK. 15,00,000.00 w..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... 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. ......y rule stating that after issuance of the rule with an order of stay, the petitioner communicated the same to the Bank and came to know that the mortgaged property as mentioned in the schedule of the application i.e. District-Dhaka. Police Station-'Mohammadpur, Mouza-Brab, JL No.238, Khatian No.CS23..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....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. ......aforesaid Judgment and order of conviction, the convict has preferred the instant appeal. 9. Mr. Khurshid Alam Khan, the learned advocate appearing for the convict-appellant, having placed the application for appeal along with the materials on record, submits that the FIR in this case has bee..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
.... Rule 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: ......eneral - For the State-opposite Party. Criminal Miscellaneous Case No.2109 of 1998. Judgment Md. Ruhul Quddus, J.- This Rule at the instance of the accused-petitioners was issued on an application under section 561A of the Code of Criminal Procedure for quashment of the proceedings in..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ......11-4-2004 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 9813 of 2003 discharging the Rule. 2. Criminal Miscellaneous Case No.9813 of 2003 relates to an application filed by the accused-petitioners before the High Court Division for quashing the proceed..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
....ently on an application filed by the complainant, the Magistrate sent the record to the Nari-o-Shishu Nirjatan Damon Tribunal, Bogra by his order dated 14.10.1996. 5. The complainant then filed a fresh complaint before the Nari-o-Shishu Nirjatan Damon Tribunal, Bogra upon which the learned Judge......ant Attorney General- For the State-opposite Party. Criminal Miscellaneous Case No.2936 of 1997. Judgment Md. Ruhul Quddus J.- This Rule at the instance of the sole accused was issued on an application under section 561A of the Code of Criminal Procedure for quashment of the proceedings in..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ...... SK Golam Hafiz, Advocate - For the Opposite Party. Md. Abdul Khaleque, Advocate - For the State. Criminal Miscellaneous Case No.1828 of 2011. Judgment Md. Reazul Haque J.- On an application under section 561A of the Code of Criminal Procedure, Rule was issued calling upon the o..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
....ortunity to controvert the averments made by the petitioners.
8. In view of the above, the judgment of the High Court Division is set aside. The matter is remanded to the High Court Division for fresh decision by a Division Bench presided over by Hasan Foez Siddique, J. within 8(eight) wee......eafter the Cabinet Division also took a decision keeping some posts for special purposes for rehabilitation of those employees. In pursuance of such decision, the writ petitioners submitted applications along with their original appointment letters to the Ministry of Establishment. Pu..
Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151
Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)
....ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ...... heard by the then learned Subordinate Judge, 1st Court who dismissed the appeal affirming the judgment and decree passed by the trial Court. 6. The contesting defendants filed a revisional application before the High Court Division and obtained Rule in Civil Revision No.1097 of 1998. ..Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
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