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Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)

.... None Represented—Respondent Nos.2-9 (In Civil Petition No.1988 of 2011) Civil Petition for Leave to Appeal Nos. 350 of 2012, 1988 & 1589 of 2011. (From the judgment and order dated 6-1-2011 passed by the High Court Division in Writ Petition No. 5184 of 2010, from the judgmen......tly observed that the principle of natural justice was violated in excluding these educational institutions from the list of MPO. 12. We do not find any reason to interfere with this finding and decision of the High Court Division. Admittedly, all the three educa­tional institutions in ques..

Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13

Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)

....cted by Muhammad Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented-For Respondents. Criminal Petition for Leave to Appeal No.175 of 2009. (From the judgment and order dated 11th November, 2007 passed by the High Court Division in Criminal Miscellaneous Case No.3280 o......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. ..

Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212

Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)

....epresented—For the Respondent Nos.1-18. Civil Appeal No.395 of 2010. Judgment Md. Shamsul Huda J.- The instant Civil Petition for Leave to Appeal is directed against the judgment and order dated 19-11-2009 passed by a Single Bench of the High Court Division in Civil Revision No. 2214 of 2......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. ..

Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30

Md. Mazakat Ali Harun and Others Vs. Export Import Bank of Bangladesh Limited and Others, 2012, 41 CLC (AD)

.... 9-13. Civil Petition for Leave to Appeal No. 1634 of 2009. Judgment Md. Abdul Wahhab Miah 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 summari......ring the parties to give direction upon the respondents to hold the 9th AGM of Exim Bank partially transacted on 26.08.2008 to elect, discuss and transact the election of Directors and "have any decision to hold the 10th AGM then taken by reconstitution of the Board of Directors of the Exim Ban..

Category: Company Law | Date: 9 Apr, 2012 | Hits: 223

Majad Hossain and another Vs. State, 2012, 41 CLC (AD)

....etitioner submitted an application to the complainant-company for short term loan facility and a loan of TK. 15,00,000.00 was sanctioned to him. At the time of payment of the loan amount, 6(six) post-dated cheques were issued by the accused-petitioner in favour of the complainant-company as security......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. ..

Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618

ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e-ul Huq with Margub Kabir - For the Respondent No.11.  Hosneara Begum - For the Respondent No.9.  Writ Petition No.9009 of 2010. Judgment Zinat Ara J.- In the Rule Nisi dated 11-11-2010, the petitioner sought for a direction upon respondent Nos.5-9 to consider/dispose ......lso no legal binding force, and, as such, the rule as well as the supplementary rule is liable to be dis­charged with costs. 9. In support of her submissions, Ms. Hosneara Begum has relied upon decision in the cases of Talekhal Progressive Fisherman Co-operative Society Ltd. Vs. Bangladesh, re..

Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45

Rakibul Islam Vs. State, 2012, 41 CLC (HCD)

....1. Judgment Md. Rezaul Hasan J.- This appeal, preferred under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000, is directed against the Judgment and order of conviction and sentence dated 2-4-2011 (signed on 5-4-2011) passed by the Bicharak, Nari-o-Shishu Nirjatan Daman Tribunal No......eriously prejudiced and for this lacuna the trial has been vitiated and the impugned Judgment and order is liable to be set-aside. In sup­port of his contention the learned advocate has cited on the decision the case of Mizanul Islam @ Dablu Vs. State reported in 41 DLR (AD) 151 and the case of Sta..

Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64

M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....rker, Advocate-For the respondents. First Appeal No.118 of 2011. Judgment KM Kamrul Kader J. - This appeal at the instance of the plaintiffs is directed against the judgment and decree dated 20.03.2011 passed by the learned Joint District Judge, 2nd Court, Narayangonj, in Title Suit N...... No. 175 and the deed No. 15380 dated 26.4.1980, deed No. 1540 dated 18.4.1980 in respect of the C.S. plot No. 173 and the deed No. 6456 dated 17.4.1980, in respect of C.S. plot No. 171. Findings and decisions of the trial court in respect of the said deeds and documents are unwarranted and not tena..

Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113

Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)

....ed by them and that of the complainant were not same. The Magistrate heard the application, rejected the same and framed charge against the petitioners under sections 482 and 483 of the Code by order dated 19.3.1998. In that event, the petitioners moved in this Court with the present miscellaneous c......t of design is a civil dispute and does not constitute any criminal offence. The complainant has remedy in a suit for perpetual injunction or that for damages, if any. 8. To arrive at a correct decision whether the allegations made in the complaint constitute any criminal offence particularly ..

Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218

Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)

.... Appellants. Sorwar Ahmed, Deputy Attorney General, instructed Md. Shamsul Alam Advocate-on-Record—For the Respondent. Criminal Appeal No.26 of 2006. (From the judgment and order dated 11th April, 2004 passed by the High Court Division in Criminal Miscellaneous Case No.9813 of 2...... 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. ..

Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5

Anti-Corruption Commi­ssion Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)

....ment Md. Reazul Haque J.- On an application under section 561A of the Code of Criminal Procedure, Rule was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 14-6-2011 passed by the Metropolitan Sessions Judge, Dhaka in Metro Criminal Revision No.367 o......to that from the perusal of the definitions of the money Laundering and predicate offence, it appears that the matter need to be exam­ined by the trial Court on examination of evidence to reach a decision whether the allegation as brought against the petitioners is under Money Laundering Protiro..

Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138

Government of the People's Republic of Bangladesh & another Vs. Shahjahan & others, 2012, 41 CLC (AD)

....nuddin Mahmud, Senior Advocate with Mahbub Ali, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record—For Respondents. Civil Appeal No.59 of 2011. (From the judgment and order dated 23-11-2009 passed by the High Court Division in Writ Petition No.7625 of 2009). Judgment ......ether the High Court Division was justi­fied in giving full relief to the writ petitioners with­out affording the appellants an opportunity of being heard and secondly, whether the unreported decision of this Division in Civil Petition Nos.63-67 of 1999 disposed of with other petitions by ju..

Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151

Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)

....Rafiqur Rahman, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2537 of 2009. (From the judgment and order dated 26.10.2009 passed by the High Court Division in Civil Revision No.1425 of 1996.) Order ...... the High Court Division and the lower appellate court have failed to take into consideration these documentary evidence at all and also to comprehend the same and thus have failed to come to a right decision. Drawing our attention to exhibit-A the learned Counsel for the petitioner has argued that ..

Category: Property Law | Date: 19 Mar, 2012 | Hits: 76

AHM Kamruzzaman Khan Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other, 2012, 41 CLC (HCD)

....ppeal No. 304 of 2010. with Civil Rule No. 489 (F) of 2010. Judgment KM Kamrul Kader J. - This appeal at the instance of the plaintiff is directed against the judgment and decree dated 25-07-2010 passed by the learned Joint District Judge, 5th Court, Dhaka in Title Suit No. 162 ......rt in this matter. He further contended that the relief claimed by the petitioner cannot be grounded on any provision under the Companies Act. To substantiate his submission he placed reliance on the decisions of the cases of Messrs Chalna Fibre Company Ltd. Khulna and others Vs. Abdul Jabbar and 9 ..

Category: Company Law | Date: 19 Mar, 2012 | Hits: 689

Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)

....or Respondent No.1 (In both the cases). For Respondent No.2-9 (In both the cases)—Not represented. Civil Petition for Leave to Appeal Nos.1023-24 of 2010 (From the judgment and order dated 25.8.2009 passed by the High Court Division in First Appeal No.611 of 2000 with First Appeal N...... should be afforded an opportunity to prove the power of attorney in respect of the suit property and with these findings, the High Court Division remanded both the suits to the trial Court for fresh decision. 6. Mr. Mahbubey Alam, learned counsel appearing for the petitioners has taken us to t..

Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119

Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)

....lam Patwary, Advocate—For the Respondent No.33-39. First Appeal No.166 of 2010. Judgment Sharif Uddin Chaklader J. - This appeal by plaintiff directed against judgment and decree dated 1-12-2009 passed by the learned Joint District Judge, 1st Court, Chandpur, dismissing Title Su......ommon land being in denial of rights of the co'sharers out of possession constitutes ouster, the ousted co-sharers may also bring a suit for joint possession and compensation. In one of the early decisions of the Judicial Committee of the Privy Council, Sir Earnest Peacock, in delivering the jud..

Category: Others | Date: 18 Mar, 2012 | Hits: 5

Commissioner of Customs and another Vs. Equity Construction Pvt. Ltd., 2012, 41 CLC (AD)

....asel Majumder, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No.2259 of 2010. (From the judgment and order dated 21.10.2009 passed by the High Court Division in Writ Petition No.3137 of 2009.) Order ......extended till disposal of the appeal. Let this appeal be heard along with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ..

Category: Fiscal/Taxation Law | Date: 15 Mar, 2012 | Hits: 87

Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)

....This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the pro­ceeding of Rajbari P.S. case No.26 dated 22-5-2007 corresponding to GR No.190 of 2007 under section 326/307 of the Penal Code which is ......ienable attribute of the position it holds with respect to the Courts subordinate to it. Thus the High Court Division in a proper case possesses the inherent power to quash any proceeding Judgment or decision of any Court/Tribunal subordinate to it. But this power must be exercised very sparingly ca..

Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215

Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)

....to the respondent No.2 for consideration. Seeing no effective result the petitioner filed complaint even to the Hon'ble Prime Minister of the country on 3-2-2010 informing the situation, but till date no steps whatsoever has been taken, hence the appli­cation. 6. Mr. Aneek R Haque, appe......­ers is the deviation from original plan of New Super Market and violation of the mandatory provision of Rule 19 of the Dhaka City Building Construction Rule, 2007." 7. Referring to the decision of the case of Omar Sadat Vs. Bangladesh reported in 6 BLC 289, filed in the form of public..

Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2

Swadhin Chandra Mandal and others Vs. Bangladesh University Grants Commission (UGC), 2012, 41 CLC (HCD)

.....10913 of 2011. Judgment Md. Khurshid Alam Sarkar J. - This Rule has been calling upon the respondents to show cause as to why the impugned Memo No.UGC/Admin/paboishwa/402(Tadanto)/08/8 200 dated 25-10-2011, issued under the signature of Respondent No.6 being directed by Respondents No.1 a......earlier approval letter. On 20-10-2011 4 (four) members, including the Dean, who attended the aforesaid meeting made represen­tation to the UGC stating that the meeting was held to take arbitrary decision to abolish the Animal Husbandry education and profession. It is stated that though the UGC ..

Category: Others | Date: 14 Mar, 2012 | Hits: 5