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Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
....No.1-3. First Appeal No.256 of 2005 With Civil Rule No.1022 (F) of 2005. Judgment Sharif Uddin Chaklader J. - This appeal by plaintiff directed against judgment and decree dated 29-9-2005 passed by the learned Joint District Judge, Second Court, Gazipur, dismissing T....... The learned Advocate is support of his submission relied on the case of Dr. MA Yahia Vs. Abdul Quader, 14 BLC (AD) 109, the case of RAJUK Vs. Dhaka Water Supply, 14 BLC (AD) 129 and also unreported decision of Writ Petition No.5022 of 2005 which is disposed by judgment dated 13-5-2008, wherei..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
Category: Property Law | Date: 12 Mar, 2012 | Hits: 94
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
....ior, instructed by Md. Shamsul Alam, Advocate-on-Record—For Respondent No.2. (In all the cases) Criminal Petition for Leave to Appeal Nos. 266-69 of 2011. (Form the judgment and order dated 28-9-2010 passed by the High Court Division in Criminal Revision Nos. 575, 576, 577and 578 of ......ization' measures are considered in an 'either-or' fashion as in the united the United Kingdom (Thomas, DA, Principles of Sentencing, Ed.1970 pages 3-7). This involves the sentence in two decisions-primary and secondary. The first determines on which side of the system the case is to be ..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... stated that in respect of upgrading the passenger from economy class to the executive class, certain facts are to be taken into considerations which run as follows: (i) in cases where the date of travel is known in advance, request for up-gradation will be made in writing to the appropr......respondent No.2. Writ Petition No.10027 of 2011. Judgment Mirza Hussain Haider J. - The petitioner obtained this Rule Nisi calling upon the respondents to show cause as to why the decision to automatically upgrade the high profile state dignitaries, so far it relates to the Memb..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....aintiff of Title Suit No.11 of 2005 filed for specific performance of contract, against principal defendants-appellant of Appeal from Original Decree No.6 of 2009, directed against judgment and order dated 25-4-2011 passed by the learned Joint District Judge, 2nd Court, Gazipur allowing Miscellaneou......e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ..Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....Ÿ মহিলা সংসà§à¦¥à¦¾. But two officers of the Ministry of Establishment, named Abdul Quiyum Bhuiyan, Deputy Secretary and Abdul Malek, Senior Assistant Secretary, issued three letters dated 7-1-1986, 8-1-1986 and 18-1-1986, wherein the 11 petitioners and two others were falsely shown......dates in the years 1981 and 1982. 8. Mr. Alam, the learned Advocate, next submits that, in the re-organisation scheme taken by the then Government, the said two organisations were abolished by a decision taken in a meeting held on 9th April, 1982 and presided over by the then Chief Martial Law ..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)
.... the company DULAL BROTHER LIMITED on the ground stated therein. 2. The learned Advocate Mr. Mohammad Hedayet Hossain, appearing on behalf of the petitioner, submits that by way of resolution dated 25.1.2012 the company DULAL BROTHER LIMITED in a extra-ordinary general meeting decided to am...... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ..Category: Company Law | Date: 4 Mar, 2012 | Hits: 28
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
.... MA Kabir concluded the investigation and submitted charge-sheet on 12-9-1992 under the aforesaid sections. 4. The case record was sent to the learned Divisional Special Judge, Dhaka, who by Order dated 15-4-1993 took cognizance of the alleged offences. The accused-petitioners appeared in that Co...... status as surplus employees, appointÂed them to the various posts under Land Ministry. 16. Against such allegations, the petitioners have filed photo copy of a letter dated 21-4-1982 showing the decision of the meeting presided over by the then Chief Martial Law Administrator whereÂin a decisi..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....yun Kabir Sikder, Advocate - For Opposite Parties. Civil Revision No.347 of 2010. Judgment Sharif Uddin Chaklader J.- This Rule by the Judgment-debtor-petitioner directed against Order No.77 dated 29-10-2009 passed by the learned Joint District Judge, 3rd Court, Dhaka directed the petiÂtio......ction 30 of the Arbitration Act read with Article 158 of the Limitation Act but that is closed chapter we are not opening that fact/dispute again. 7. On the question of submitting security, latest decision of High Court Division is that unless there be any security in any dispute, as per provisio..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....iqur Rahman Miah J.- 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 Judgment and order dated 26-08-1997 passed by the learned Sessions Judge, Rajbari sending back the GR Case No.54 of 199......bute 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 to set-aside decision of any Court/tribunal subordinate to it. But this power must be exercised very sparingly, c..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No.1. Not represented-For Respondent No.2. Criminal Petition for Leave to Appeal No.113 of 2010. (From the judgment and order dated 18.02.2010 passed by the High Court Division in Criminal Revision No.811 of 1995) Judgmen...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ..Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238
Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)
....esented-For Respondent Nos.2-8. Civil Appeal No.183 of 2011. Judgment Nazmun Ara Sultana J.- This appeal, by leave, at the instance of the writ respondent No.6 is from the Judgment and Order dated 07.10.2010 passed by a Division Bench of the High Court Division in Writ Petition No.3656 of 2......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
....ed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Not represented-For Respondent. Criminal Petition for Leave to Appeal No.32 of 2010. (From the judgment and order dated 22nd October, 2008 passed by the High Court Division in Criminal Appeal No.165 of 2005) J......he Penal Code. 12. We find that the conviction of the petitioner under section 147 of the Penal Code and his sentence thereunder is fully justified by the evidence and mateÂrials on record. The decision of the High Court Division being based on proper appreciation of the law and facts, does no..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....5. Judgment Md. Ruhul Quddus J.- This Rule at the instance of a convict was issued on an application under section 561A of the Code of Criminal Procedure for quashment of judgment and order dated 26.5.2003 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Moulvibazar in Nari-Shishu Nirj......cquitted of the charge and be set at liberty forthwith, if otherwise 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: 29 Feb, 2012 | Hits: 168
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
.... instructed by Nurul Islam Bhuiyan, Advocate-on-Record —For Respondent No.1 (In both the cases). Civil Petition for Leave to Appeal Nos.1588 and 1589 of 2009. (From the judgment and order dated 18.03.2009 passed by the High Court Division in F.A. No.345 of 2000 and F.A. No.564 of 2000.) ......tioner has submitted also that both the trial court and the High Court Division has failed to appreciate this evidence adduced from the insurer company and consequently arrived at a wrong finding and decision. 13. Mr. Mahmudul Islam, the learned Senior advocate for respondent No.1 has made subm..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....BM Nurul Islam, Advocates—For the Opposite-Parties. Civil Revision No.188 of 1998. Judgment Sharif Uddin Chaklader J.- This rule by defendant directed against judgment and decree dated 4-9-1997 passed by the learned Sub-ordinate Judge, 2nd Court, Naogaon allowing Title Appeal No......revisional jurisdiction. The High Court Division was only concerned with the question as to whether the appellate Court in giving that finding, committed any error of law resulting in an error in the decision occasioning failure of justice", and the case of Waliullah Vs. Hasina Begum, 23 BLD 67..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
....consistent with Part-III of the Constitution of the People's Republic of Bangladesh and violates the fundamental right of citizen and why the Notice published in the daily "The Ittefaq" dated 11-7-2010 as shown in Annexure "E" should not be declared to have been published wit......onnection. The question whether writ petition is maintainable against the private bank is a settled issue. The question is no longer a res integra. Holding this view a Division Bench in an unreported decision of Haji MA Razzaque Vs. Bangladesh Bank and another passed in writ petition No.9231 of 2010..Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7
Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)
....tructed by Md. Abu Siddique, Advocate-on-Record—For Respondent No.1. Not repreÂsented-Respondent Nos.2-15. Civil Petition for Leave to Appeal No.2251 of 2010. (From the judgment and order dated 21.05.2009 passed by the High Court Division in Writ Petition No.3581 of 2003.) Judgment ...... wrong in directing the government to implement the recommendations of the Deputy Commissioner, Noakhali in annexures-"G" and "I" inasmuch as mere recommendations of a government official being not a decision of any competent authority can not be forced to be impleÂmented, that it is solely in the ..Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....sh; For Appellant None appears—For the Respondent First Appeal No. 209 of 1997 Judgment Abu Zafor Siddique J. — This appeal is directed against the judgment and decree dated 3-6-1996 (decree drawn on 10-6-1996) passed by the Subordinate Judge and Artha Rin Adalat, Nao......nk but failed to assess and impose the interest as per the sanction letter as well as the normal banking practice as such, the impugned judgment, and decree is liable to be set aside. Relied upon the decision reported in 37 DLR (AD) 1, he submits that it is the duty of the Court of law to assess and..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0