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Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)
....25 of 2007. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioner, Marzan Abedin, this Rule Nisi was issued calling upon the respondents to show cause as to why the order No. 07 dated 27-7-2006 passed by the learned Artha Rin Adalat No. 4 Dhaka in Artha Execution Case No. 790 o......ined the present Rule. 3. Mr. Abdullah Al Mubin, the learned counsel appearing for the petitioner after placing the petition and the Annexures with it mainly advanced his argument basing on decision of Golam Haider Kabir Vs. Bangladesh 15 BLC 831 that in terms of section 34(1) of Ain, 2003..Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....does not contain any provision debarring inclusion of any individual or group of individuals within the scope of the ICT Act, 1973 by subsequent amendments. 12. It further appears from the order dated 2-2-2011 passed in Writ Petition No. 7353 of 2010 that the Hon'ble 3rd Judge of this Court......ively or prospectively and that during amendment of the ICT Act it had any constitutional sanction. This question should be examined by this Court. 3. The learned Attorney-General has referred 3 decisions passed in WP No. 7353 of 2010, W.P. No. 5391 of 2010 and the judgment and order passed in ..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....Boalmari, District-Faridpur, at present Store Officer, City Hospital Ltd. Sath Mosjid Road of 1/8 Block-E, Lalmatia, Mohammadpur, Dhaka. The informant filed the case on 28.11.2010 showing the date of occurrence on 13.06.2008 i.e. 21/2 years back. Complainant alleged that at 12 noon on 13.06......learned Assistant Attorney General as regards exhausting the provisions of section 265C and section 241A the very application filed under section 561A would be premature is differentiated with the decision in the case of Habib (Md.) and another Vs. State represented by the Deputy Commissioner re..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
....laneous Appeal No.23 of 2010.
Judgment
Khondker Musa Khaled J.- This First Miscellaneous Appeal under section 48 of the Arbitration Act, 2001 is directed against the judgment and order dated 1-12-2009 passed by the learned Additional District Judge, 2nd Court, Dhaka in Arbitration Mis......nt-Company to replace certain new machineries, which according to the first party (Company) does not cover by the terms and conditions of the contract. Since the amicable settlement failed inspite of decision of the Syndicate of BSMMU, the claimant-company preferred to go to the Arbitration under Cl..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....te, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent No.4. None represented—Respondent Nos.1-3. Civil Appeal No.233 of 2002. (From the judgment and order dated 25th April,2000 passed by the High Court Division in Civil Revision No.2923 of 1994). Jud......ted 18-2-1953, executed by Ranjit Kar and others in favour of Sekandar Ali and Safar Ali, the High Court Division erred in failing to consider aforesaid aspect of the case and thus arrived at a wrong decision." 12. The plaintiffs claimed that originally the suit land belonged to Ranjit Kum..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....duced adequate evidence of payment of rent to discharge that burden. 7. Learned Advocate refer to certain exhibits which according to him prove payment of rent are:— i) Debit Vouchers dated 30-11-1999 & 30-11-2001 signed by both parties Exhibit Ga and Gha, ii) Statement of Accoun......tionship between tenant and landlord is good but when it brought to the Court, the Court shall go with the law not with the relationship, as it was then a past and closed chapter. In many of the decisions it is held that payment in lump do not exonerate defendant from eviction. We may refe..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....ndent No. 3 (In both the cases) Not Represented-For Respondent Nos. 4-11. (In both the cases) Civil Petition for Leave to Appeal Nos. 640 and 641 of 2011. (From the judgment and order dated 8.3.2011 passed by the High Court Division in Writ Petition Nos.1890 and 1892 of 2011.) J......ng Director respectively who had attained the age of superannuation as they had exceeded the age of 60 (sixty) years as per Regulations and that they had been performing their responsibilities as per decision of the Board for indefinite period. This probably prompted the Bank to promulgate another R..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....h;For the Opposite-Party. Civil Revision No.2603 of 2011 Judgment AFM Ali Asgar J. - This Rule was issued calling upon the opposite-party to show cause as to why the judgment and order dated 9-1-2011 passed by the learned District Judge, Dhaka in Arbitration Miscellaneous case No.477 ......f Civil Procedure is not at all maintainable and the same is liable to be dismissed and the Rule be discharged accordingly. 18. In support of his submission Mr. AF Hassan Ariff has referred to a decision of our Appellate Division being the case of MD. Rupali Bank Ltd Vs. Tafazal Hossain reporte..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....ik-Al-Jalil, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.639 of 2009. (From the judgment and order dated 05.01.2009 passed by the Administrative Appellate Tribunal, in Appeal No.206 of 2003). Or...... Order Syed Mahmud Hossain J.- Delay of 02 days in filing this civil petition for leave to appeal is hereby condoned. 2. This civil petition for leave to appeal is directed against the decision dated 05.01.2009 passed by the Administrative Appellate Tribunal, in Appeal No.206 of 2006 ..Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
.... Gias Uddin Ahmed, Advocate-on-Record-For the Petitioners. None represented-For the Respondent. Civil petition For Leave to Appeal No.665 of 2009. (From the judgment and order dated the 28th January of 2009 passed by the Administrative Appellate Tribunal in Administrative A......r default and lastly (c) whether the. Administrative Appellate Tribunal was justified in dismissing the miscellaneous case on the ground that the same was filed beyond 90 days relying on an earlier decision by it in another case. 7. Mr. Karunamoy Chakma, learned Deputy Attorney General, appe..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)
....nstructed by Mr. B. Hossain, Advocate-on-Record—For the Petitioner. Not represented-The Respondent. Criminal Petition for Leave to Appeal No.223 of 2009. (From the judgment and order dated 23.11.2008 passed by the High Court Division in Criminal Appeal No.2970 of 2006.) Order ......ent Md. Kamal Hossain preferred the above mentioned Criminal Appeal No.2970 of 2006 before the High Court Division. A Division Bench of the High Court Division allowed that appeal on the findings and decision that the accused-appellant had sexual relationship with the victim girl with her free conse..Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....ssions Judge, Cox's Bazar shall not be directed to give effect to the order of remission of sentence of the petitioner in ST No.25 of 1987 as passed by the President being Memo No.143-P-45/92(Kara-2) dated 12-4-1993 as communicated to the petitioner by Memo No.3-16/92 dated 08-6-1993 of the opposite......order has been passed on some extraneÂous consideration or how far the order is fair and reasonable it can certainly be examined and decided by the Court. The Court cannot be debarred to examine the decision making process and the corÂrectness of the decision itself…………………………â€..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)
..... 429 of 2010) None represented—For the Respondent (For Civil Petition No. 640 of 2010) Civil Petition for Leave to Appeal Nos. 429 with 640 of 2010. (From the judgment and order dated 18.11.2009 passed by the High Court Division in Writ Petition No.7309 of 2006) Judgment ......ion purchasers did not challenge any order of the Adalat before higher forum; rather he participated in the entire process. 19. The High Court Division also considered that there are conflicting decisions of the High Court Division regarding the power of Artha Rin Adalat to review its own order..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and othÂers Vs. Md. Badal and another, 2012, 41 CLC (AD)
....ujan, Advocate with Mahbub Ali, Advocate instructed by Zainul Abedin, Advocate-on-Record—For the Respondents. (In all cases) Civil Appeal Nos.14-19 of 2005. (From the judgment and order dated the 21st day of May, 2003 passed by the High Court Division in Writ Petition Nos.6410, 6411 ......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)
....Senior Advocate with him) instructed by Giasuddin Ahmed, Advocate-on-Record—For the Respondents (as added). Civil Petition for Leave to Appeal No.1645 of 2010. From the judgment and order dated 06.12.2009 passed by the High Court Division in Civil Revision No.985 of 1981.) Judgment ......981 discharged and set aside the judgment and decree of the lower appellate court so far as to decÂlaration of plaintiff’s title in the suit land and permanent injunction upholding the finding and decision of the appellate court below to the effect that the declaration of the suit land as enemy p..Category: Property Law | Date: 16 Apr, 2012 | Hits: 72
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....ion No.642 of 2009). Not represented-Respondents (In Civil Petition No. 684 of 2009). Civil Petition for Leave to Appeal Nos.642 of 2009 with 684 of 2009. (From the judgment and order dated 14.01.2009 passed by the High Court Division in Civil Revision Nos.1-302 of 2003 and 1303 of 2......eposited within 1 (one) month. The petitioners are permitted to preÂpare the paper book out of Court in accorÂdance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....he Opposite-Parties. Civil Revision No.1304 of 1999. Judgment Shahidul Islam J. - This Rule was issued calling upon the Opposite-Parties to show cause as to why the judgment and decree dated 20-4-1999 passed by the Senior Assistant Judge, Sadar, Mymensingh in Small Cause Court Suit No......en paying rent as per terms of agreement he is entitled to be protected, from eviction. These points are accordingly decided negatively against the plaintiff. Let us take up the point No.(6) for decision whether the case of bonafide requirement itself is enough for eviction tenant. 22. The..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
....nstructed by Md. Zahirul Islam Advocate-on-Record—For the Appellants. Sufia Khatun, Advocate-on-Record—For Respondent. Civil Appeal No. 478 of 2009. (From the judgment and order dated the 7th day of May, 2009 passed by the High Court Division in Writ Petition No.2775 of 2009)........ 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)
....ted by Md. Zahirul Islam, Advocate-on-Record—For Respondent No.1. Not repreÂsented-For Respondent Nos.2-12. Civil Petition for Leave to Appeal No.261 of 2011. (From the judgment and order dated 4th May, 2010 passed by the High Court Division in Writ Petition No.7942 of 2009). Order ......ce Headquarters that the police sub-Inspectors will not be considered for proÂmotion as Inspector within two years after receiving major punishment (Black Mark) vide Memo No.GA/115-86/2560(97). This decision was modified on 28.10.1997 vide Memo No. Ga/74-97)Part-2)3776(140) and provision was made f..Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....nvolved: Sarwar Ahmed, Advocate—For the Appellant. Karunamoy Chakma, Deputy Attorney-General—For the Respondent. Jail Appeal No. 2 of 2006 (From the judgment and order dated the 5th and the 6th of July, 2004 passed by the High Court Division in Death Reference No. 29 ......njury on the deceased, Abdur Rakib'' resulting his death, particularly when the other accused had also guns and they fired from their guns as well. The High Court Division took the right decision in affirming the sentence of death awarded against the appellant by the learned Sessions Ju..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
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