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Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......zar Hossain, Advocate........................Petitioner Vs. Janata Bank, Ullapara Branch, Sirajgonj........Respondent Judgment July 8, 2012. Result: The petition is disposed of. Lawyers Involved: Mohammad Ali Akanda, Advocate instructed by Haridas Paul, Advocate-on-Record-Fo..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
.... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ......ut due sanction of law most illegally decreed Money Suit No.14 of 1999 for Tk.1,02,023.00 although all 25 (twenty five) travelers cheques each of U.S$ 100 were encashed on 08.08.1995 via Philadelphia International Bank, New York, because those were duly signed by the plaintiff. Being aggrieved by an...............................Petitioner (In person) Vs. District Judge, Dhaka & others.......Respondents Judgment July 8, 2012. Result: The petition is dismissed. Lawyers Involved: Safi Uddin, in person -For the Petitioner. Syed Shaheed Hossain, Advocat..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....on for registration filed by the respondent No. 4 against which the respondent No. 4 has preferred BLL Appeal No. 199 of 2010 where the petitioner bank wanted to be added as party. 17. The basic principle of law for addition of party in a proceeding particularly which is of civil nature is that......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......ly 7, 2012. Result: The rule is made absolute. Cases Referred to- Palli Daridra Bemochan Foundation Vs. Palli Daridra Foundation Karmachari Union (proposed), 57 DLR (AD) 155. Lawyers Involved: Ahsanul, Karim with Khairul Alam Chawdhury & Aminul Hoque, Advocates&mdas..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ....... Chittagong Port Atuthority, Bandar Bhaban, P.S. Bandar, Chittagong and others………………..Respondents Judgment June 21, 2012. Result: The Rule is discharged. Lawyers Involved Rokanuddin Mahmud, Senior Advocate with Anisul Huq, Senior Advocate with Ali ..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....ph 13, it has been held "The powers to release ah accused-person on bail under section 498 CrPC are virtually unlimited and the question is entirely one of discretion bearing in mind the general principle that in refusing bail it is generally necessary to see whether there are reasonable ground...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......etd.) Nurul Huda Vs. State, 8 MLR (AD) 53 = 55 DLR (AD) 33; State Vs. Jabaida Rashid 49 DLR (AD) 119; Prahlad Singh Bhati Vs. NCT Delhi, AIR 2001 SC 1444; Nishar Ahmed Vs. State PLD 1971 SC 174. Lawyers Involved: Md. Amanul Karim, Advocate—For the Petitioners. Sharmina Haque, A..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....n to Mitigate the Rigours of Strict Law- The doctrine of promissory estoppel has been variously called 'equitable estoppel', 'quasi estoppel' and 'new estoppel'. It is a principle evolved by equity to avoid injustice and through commonly named 'promissory estoppel......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ......expectation which it would be within its powers to fulfill unless some overriding public interest comes in the way. Equity has always , True to Form, Stepped in to Mitigate the Rigours of Strict Law- The doctrine of promissory estoppel has been variously called 'equitable estoppel'..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ......ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ......ustafa Kamal Vs. Bangladesh, 61 DLR (AD) 10; Md. Delwar Hossain Vs. State, 2006 BLD (AD) 109; M/s Gannysons Ltd. Vs. Sonali Bank, 37 DLR (AD) 42; AFM Naziruddin Vs. Hameeda Banu, 45 DLR (AD) 38. Lawyers Involved: Abdul Basel Majumder, Senior Advocate (with M.K. Rahman, Senior Advocate), in..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Government of Bangladesh and others Vs. Md. Mizanur Rahman (Mizan), 2012, 41 CLC (AD)
.... limitation holding that no specific reason was stated." Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 846. ...... limitation holding that no specific reason was stated." Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 846. ......ers Vs. Md. Mizanur Rahman (Mizan)..............................................................Respondent Judgment June 17, 2012. Result: The leave is granted. Lawyers Involved: Karunamoy Chakma, Deputy Attorney General instructed by Gias Uddin Ahmed, Ad..Category: Limitation Law | Date: 17 Jun, 2012 | Hits: 9
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
....controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......J Dr. Tapan Kumar Dey.............Petitioner Vs. State...................................Respondent Judgment June 14, 2012. Result: The petition is dismissed. Lawyers Involved: AF Hassan Ariff, Senior Advocate instructed by Zainul Abedin, Advocate-on-..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
.... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ...... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ......of the handwriting expert to come to a correct decision. Such initiative of the appellate Court is within its jurisdiction and is not an access to its jurisdiction...........................(20) Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed Sufia Khatun, Advocate-on-Re..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ......parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ......bir Ahmed……………………….......Appellant Vs. Korban Ali and others……….........Respondents Judgment June 12, 2012. Result: The appeal is dismissed. Lawyers Involved: Subrata Chowdhury, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-R..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....go to the Administrative Tribunal unless the Government takes a decision in the matter which was evidently in the exercise of its revisional power under Section 7A of the Ordinance. 17. The principle expounded in the case referred to above does not apply to the facts and circumstances......ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ......ondents Judgment June 11, 2012. Result: The petitions are disposed of. Cases Referred to- Shaikh Mustainul Haque Vs. Inspector General of Police, 47 DLR (AD) 157. Lawyers Involved: Azizul Hoq, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For..Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
....ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ......ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ......al and that merely an omission to write the words "appeal" under regulation 59 could not make the said application a barren one. ………………………………………………………(12) Lawyers Involved: Akther Imam, Senior Advocate instructed by Md. Zahirul Islam, Advocate-on-Recor..Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
....t; helps in avoiding any inconsistency either within a Section or between two different Sections or provisions of the same statute. On a conspectus of the case law indicated above, the following principles are clearly discernible:— (1) It is the duty of the Courts to avoid a head-on ...... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ......Judgment June 5, 2012. Result: The petition is dismissed. Cases Referred to- Canada Sugar Refining Co Vs. (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006. Lawyers Involved: Rafique-ul Huq, Senior Advocate (with Anisul Haque, Senior Advocate, with Sha..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....nder:— In the instant case the provision of the section 28 cannot be applied inasmuch as the limitation of 6 years expired prior to promulgation of the new Act, 2003..." The same principle is also applicable in this case which means that section 28(4) of the Ain, 2003 cannot be ......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......affirmative in favour of the Department and against assessee. Case Referred To— Md. Yasin Miah and others Vs. Bangladesh and others, in Writ Petition No.4723 of 2009 on 13-5-2010 Lawyers Involved: ABM Fazlur Rashid—For the Applicant Abdur Rahim Bhuiyan, DAG with ..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....used the prohibited consequence of a crime, the fact that the accused did not foresee the precise way in which those circumstances occurred does not affect his criminal liability. 11. This principle is illustrated in RV Pitts (1842) C&M284 as under: "If Y, under apprehension......000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......1916 PC 242; Gopinath Ghosh Vs. State of W B, 1984 Supp SCC 228; Jitendra Singh @ Babboo Singh Vs. State of UP, (2010) 13 SCC S23 and Abdul Monem Chowdhury alias Momen Vs. State, 47 DLR (AD) 96. Lawyers Involved: Khandaker Mahbub Hossain, Senior Advocate with Khurshid Alam Khan, Advocate i..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......nd damage suffered under the Contract and accordingly the petitioner intended to invoke the Provisions of Clause No.18.03 of the Contract and to submit the arbitration proceeding before the Singapore International Arbitration Centre (SIAC) on 17th November, 2011 which is the date of commencing arbit......lot No.57, 57/A, Gulshan Avenue, Gulshan-1, Dhaka 1212 being the local office of Respondent No.1..................Respondent. Judgment June 3, 2012. Result: The application is allowed. Lawyers Involved: Ajmalul Hossain QC, Advocate with Omar Sadat, Advocate-For the petitioner. M..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61