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Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
.... of Land Appeal Board was unlawful and, as such, this order required correction by the full Board of the Land Appeal Board. The learned Advocate for the petitioner has argued that there has been no illegality at all in entertaining the application for further review of the impugned order of one memb...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....f affairs, the plaintiff became frustrated and started looking frantically for defendant Nos.1, 2, 6, 7 and 8, but could not trace out their whereabouts. And then, on 5-2-2006, the plaintiff served a legal notice upon defendant No.2 and thus tried to inform him all facts in detail and also requested......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....dates for hearing of the appeal and, ultimately, fixed the appeal for hearing on that date. Legal counsel of the appellant prayed for an adjournment of appeal. It so transpired, and as unknown to the legal counsel on that day but as come to be revealed later by inspection of the Tribunal's Order......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....etitioner issued by Foreign Exchange Policy Division, Bangladesh Bank at the signature of the respondent No.4 should not be declared to have been made and issued without lawful authority and is of no legal effect. At the time of issuing Rule the parties were directed to maintain status quo in respec......nature of the respondent No.4 should not be declared to have been made and issued without lawful authority and is of no legal effect. At the time of issuing Rule the parties were directed to maintain status quo in respect of possession till disposal of the Rule. 2. The background leading to the..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....ing and recommendation of the review committee bank did not accept the proposal as well as the Court by the impugned order refused to act on these matters, as such, the order of the court suffer from legal infirmity and liable to be set-aside. Mr. Mahbubey Alam, learned Advocate, further submits, th......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
....endant subsequently denied to execute and register the kabala deed in favour of the plaintiff as per contract inspite of the plaintiff’s repeated requests. The plaintiff then served a legal notice upon the defendant on 25.07.2000 and the defendant gave reply to that notice stating so......sessing the same in ejmali and that a Partition Suit being No.37 of 1994 was pending for partition of the ancestral properties of the defendant and his brothers and in that partition suit an order of status-quo in respect of transfer of the suit property and changing the nature and character of..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....Party, and one of the shareholders of the project and building, he is also to be made a party. Therefore, though there is some delay but still he should be made a party in the proceeding for avoiding legal complicacy, if any, in future for proper and correct division of the joint building." ......of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
....enging which the convict-appellants filed these two jail appeals separately. 8. Mr. Md. Aminur Rashid, a panel lawyer appointed by the Ministry of Law, Justice and Parliamentary Affairs to provide legal aid to the appellants in jail appeals, submits that the case against the appellants have not b......ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)
....-affidavit be formed part of the main application. 2. At the instance of the petitioner Messrs SS Enterprise, this Rule Nisi was issued calling upon the respondents to show cause as to why the illegal holding over the goods covered under LC No.135211010074 dated 20-7-2011 and Bill of Entry No.1......tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ..Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ...... the Bank where the accused-petitioner is maintaining his account but such impugned cheques are found to have been bounced and returned to the "drawer" for insufficient fund. So, the Bank has got two status which is enough to refute the contention of the learned Advocate for the accused-petitioner. ..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....er payment of Tk.15,00,000/- (Taka fifteen lacs). Since the Purchaser could not obtain the Income Tax Clearance Certificate and did not get the deed of sale executed and registered, the Vendor sent a legal notice dated 08.07.1993 acknowledging part payment of Tk. 35,00,000/- towards the purchase pri...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....dhury J.- The Rule under adjudication, issued on 12th December, 2011, was in following terms: “Let a Rule Nisi be issued, calling upon the respondents to show cause as to why allegedly illegal, unreasonable and discriminatory impugned letter, dated 05.09.11 and 26.09.11, issued by the ......o the government have been flown to overseas medical centres through state paid medical ambulances, yet denial of similar privilege to the SC judges, are on the card, notwithstanding their superior status against civil servants, as being Constitutional office holders. The SC judges also need tre..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
....endence of the judiciary and the impugned S.R.O. dated 14.10.2010 transferring the case from the Court of Sessions, Madaripur to the Druto Bichar Tribunal, Dhaka is without lawful authority and of no legal effect. 7. Mr. Motahar Hossain Saju, the learned Deputy Attorney General appearing on beh......per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
.... the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947. 16. However the issue raised in this case is the delay that took place in conclusion of the investigation and the legal consequence thereof. In this respect the following dates as revealed from the order sheet of G......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Somed Ali Vs. State, 2011, 40 CLC (AD)
....the absence of such explanation it is "sufficient to reach irresistible conclusion that the Anguri Khatun, wife of the deceased received the fatal injury caused by her husband." Therefore, we find no legal infirmity with the impugned judgment and order passed by the High Court Division concurring ......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
....ion to quash the proceedings
The High Court Division can exercise its inherent power to quash the proceedings in the following grounds:
"(i) Where it manifestly appears that there is a legal bar against the institution or continuance i.e., want of sanction etc.
(ii) Where the FIR......
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
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Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
.... Md. Mahbubur Rahman and another..................Respondents Judgment December 13, 2011. Result: The appeal is allowed. When someone resigns from his service factually and legally, he can not make any prayer for reinstating him.......................(16) Cases Referr......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....e fallen unpaid VAT, under Section 55(1) read with section 37(2) of the Value Added Tax (VAT) Act, 1991 (Annexure-C) shall not be declared to have been issued without lawful authority and is of no legal effect. 3. The background leading to the Rule, in short, is that the petitioner is a VAT......directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....id Anti-Corruption Commission Act, 2004. It is contended that submission of charge sheet after the prescribed period of 60 days and lodgment of FIR without prior sanction of the Commission are also illegal under the provisions of Anti-Corruption Commission Act and Rules there under. It is submitted ......eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
.... that of application for joining in service. Thereafter, the respondent No.3 by the impugned letter dated 02.08.2008 cancelled the appointment of the petitioner. On 10.05.2008 the petitioner served a legal notice demanding justice for cancellation of the impugned order and to accept the joining repo......ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
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