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Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

.... behalf of the petitioner that the New Nation Printing Press was not the successor establishment of the New Nation Publications Limited and held that this was a defence plea which as per well settled principle was to be decided on evidence before the trial Court and it was not at all ground for quas...... 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. ............................Petitioner Vs. Md. Ali Hossain and another................................Respondents Judgment March 4, 2012. Result: The appeal is dismissed. Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Md. Altab Hossain, Advocate..

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)

....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. ......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. ......ions of the Limitation Act then only these sections of the Limitation Act will have no application in any suit, appeal or application under that special law………………………………(10) Lawyers Involved: S.N. Goswami, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-..

Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208

Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)

....ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......ry.........Petitioner Vs. The State.........................................................Respondent Judgment March 1, 2012. Result: The petition is dis­missed. Lawyers Involved: Md. Nasiruddin Chowdhury, Advocate, instructed by Chowdhury Md. Zahangir, Adv..

Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78

Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)

....vides punishment only for infliction of grievous injury on demand of dowry, but the Ain does not provide anywhere any punishment for infliction of simple injury on demand of dowry. It is the cardinal principle of interpretation of statute that provisions of any penal law or that of any special law s......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:......…………………Petitioner Vs. The State…………………....................Opposite Party Judgment February 29, 2012. Result: The Rule is made absolute. Lawyers Involved: No one appears - For the Petitioner. Mrs. Syeda Rabia Begum, Assistant A..

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)

....t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......es) Vs. United Fish Exports Limited and others.................Respondents (In both the cases) Judgment February 26, 2012. Result: Both the petitions are dismissed. Lawyers Involved: Tofailur Rahman, Senior Advocate instruct­ed by Chowdhury Mohammad Jahangir,..

Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616

Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)

....s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191  21 BLT (HCD) (2013) 39   ......s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191  21 BLT (HCD) (2013) 39   ......, 36 DLR (AD)248; Government of Bangladesh, represented by the Secretary Ministry of Works, Bangladesh Secretariat Vs. Chand Mia, 44 DLR (AD) 98; Waliullah Vs. Hasina Begum, 23 BLD 67=8 BLC 694. Lawyers Involved: Zafar Sadeque, Advocate—For the Petitioners. Nasima Akhter Shanu, ..

Category: Property Law | Date: 23 Feb, 2012 | Hits: 6

Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)

....rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ......Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Mamun-ur-Rashid (Md.)...................................Petitioner Vs. Secretary, Ministry of Law and others............Respondents Judgment  February 23, 2012. Result: ..

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)

....nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......oncerned authority to give permanent settlement of the land to the writ petitioners, for, this is solely in the discretion of the concerned officials of the Government.……………………(10) Lawyers Involved: Murad Reza, Additional Attorney General instructed by B. Hossain, Advocate-on-R..

Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ......e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ......Welfare, Bangladesh Secretariat, P.S. Shahbag, Dhaka, Bangladesh and others………...... Respondents. Judgment February 19, 2012. Result: The Rule is made absolute. Lawyers Involved: Manzill Murshid, Advocate-For the petitioner. Abdul Baset Majumder wi..

Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14

Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)

....dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73     ......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73     ...... Vs. Habib Medical Store and Others………………. Respondent Judgment February 14, 2012 Result: The appeal is dismissed. The Court of Law— Case Referred to- 37 DLR (AD) 1;Bipradas pal Chowdhury Vs. Kamaini Kumar Lahiri..

Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

....gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ......gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ......Johnson [1952] 1 All ER 250 at 251-252, [1952] P 47 at 50-51, D.G. Mahajan Vs. State of Maharashtra, AIR 1977 SC 915, Farooq Ahmed Khan Leghari Vs. Federation of Pakistan and others, PLD 1999 SC 57. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-o..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Grameen Phone Ltd Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) and others, 2012, 41 CLC (HCD)

....one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 401. ......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 401. ......become a sovereign contract and, as such, writ is maintainable..........(44) Cases Referred to- Sharping Fishery case, 39 DLR (AD) 85; Bangladesh Telecom Ltd. Vs. BTTB, 48 DLR (AD) 20. Lawyers Involved: Rafiqul Haque, Senior Advocate with Sheikh Fazle Noor Taposh, Advocate with M..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15

Major General Amjad Khan Chowdhury (Retd.) Vs. Parle Agro Products Ltd. & another, 2012, 41 CLC (HCD)

.... that there is no confusion regarding the production of the Gawa Ghee." 34. Their lordship in the Appellate Division in the Case of BCIC Vs. Sattar Match Works reported in 44 DLR (AD) 208 laid the principle as to refusal to register similar trademark by registrar in the following language: "Re......local dailies one of such importer is M/s Rana Fruits & Juice Company of A/2 Powell Super Market, Naya Paltan, Dhaka, which advertised in Bengali daily Inquilab, dated 26-8-1996 and by M/s Zinnat International of 242 Nowabpur Road Dhaka, in Bengali daily Ittefaq dated 25-9-1997. Although those a......y, Karachi, PLD 98 Karachi 10; Powell Vs. Birmingham Vinegar Brewery Co. (1893) 10 RPC 63 Ch. D; Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 54 DLR 273; BCIC Vs. Sattar Match Works, 44 DLR (AD) 208. Lawyers Involved: Md. Moazzam Hussain, Advocate - For the Petitioner.  ABM Shamsud Doulah..

Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91

Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....in avoiding any inconsistency either within a Section or between two different Sections or provisions of the same statute. 19. 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 clash b......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......nt February 9, 2012. Result: The Petition is dismissed. Cases Referred to- Canada Sugar Refining Co Vs. R (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006. Lawyers Involved: Syed Mahbubur Rahman, Advocate-on-Record—For the Petitioner. Respo..

Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

....his Constitution. (2)............................ 11. The learned Advocate also refers to Article 8 (2) of the Constitution which reads as:— (1)..................... (2) The principles set out in this Part shall be fundamental to the governance of Bangladesh, shall be appli......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......ents Judgment  February 7, 2012. Result: The appeal is disposed of with Directions. Cases Referred to- Harjinder Singh Vs. Punjab State Warehousing Corporation CDG Law Journal 210 (SC) 462; Ramon Services (P) Ltd Vs. Subhhash Kapoor (2001) SCC 118. Lawyers In..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)

....e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......Md. Saiful Alam alias Liton and another…………………Appellants Vs. The State……………………Respondent Judgment February 2, 2012. Result: The appeal is dismissed. Lawyers Involved: M. A. Wahab, Advocate - For the Appellants. Yousuf Mahmud Morshed, Assistant..

Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169

Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)

....;                          5. I would like to point out here that the principle of pleading guilty is not applicable to a case the offence of which is punishable to death......mmut­ing the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ......an Vs. State, 15 DLR (SC) 51; Nausher Ali Sarder Vs. State, 1987 BLD (AD) 324 = 39 DLR (AD) 194; Abed Ali Vs. State, 1990 BLD (AD) 89 = 42 DLR (AD) 171 and Abul Khair Vs. State, 44 DLR (AD) 225. Lawyers Involved: SM Shahjahan, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....found in chapter III, whereas, section 56 is found in Chapter VI under the heading ‘Transfer of Waqfs Property.' These two chap­ters provide for two distinct purposes. It is established principle that the duty of the Court is to effectuate the purpose of an enactment and not to defeat ......bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ...... Vs. State of Madras AIR 1950 SC 27; Hafizuddin Ahmed Vs. M Aslam Miah, 55 DLR 95; Rohit Pulp and Paper Mills Ltd Vs. Collector of Central Excise Baroda, Supreme Court Cases, 1990 Vol. III, 447. Lawyers Involved: Abdul Wadud Ehuiyan, Senior Advocate instructed by Fakhrul Islam, Advocate-on..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)

....ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... Moulana Obaidul Mannan………………………Appellant Vs. Moulavi Aminul Hoque……………………Respondent Judgment January 29, 2012. Result: The appeal is dismissed. Lawyers Involved: No one appears for either of the parties. Criminal Appeal No.5362 of 1991. ..

Category: Women and Children | Date: 29 Jan, 2012 | Hits: 169

Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)

....in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......l Quadir Vs. State, 28 DLR (AD) 38; Faruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) page 18; Salma Khatun Vs. The State, 38 DLR page 348; Habibur Rahman Mollah Vs. The State, 62 DLR (AD) 233. Lawyers Involved: M. Amirul Islam, Senior Advocate with Md. Shamim Haider Patwary, Advocate - F..

Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11