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Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......stigation conducted by the IO was incomplete and further investigation should be directed for securing the ends of justice. The quashment of the proceeding is not called for. However the cognizance order and the charge framing order should be set aside for enabling further investigation. 29. In......sional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......5. ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......ainst which, decree holder-opposite party moved before the Appellate Division of the Hon'ble Supreme Court in Civil Petition for Leave to Appeal No.184 of 2006. Appellate Division by the Judgment and order dated 31-1-2007 dismissed the Civil petition. Petitioner, as appellant, filed Appeal From Orig......this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Chittagong Steel Mills Ltd...............................Petitioner Vs. TM Syndicate & others..........................Opposite Parties Judgment M..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......igh Court Division as mentioned under section 561A of the Code can be exercised only for either of the three purposes specifically mentioned in the section which are, firstly, to give effect of any order under the code, secondly, to prevent abuse of the process of the Court and thirdly, to secure ......d quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......(2012) 483. ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... 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. ......ted by 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) J......erference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ......dra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Barrister Mainul Hosein......................................Petitioner Vs. Md. Ali Hossain and another................................Respondents Judgm..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)
....party No.1 secured the highest votes and was elected as Vice-Chairman and the opposite party No.2 secured the second position and the petitioner secured the third position. The result of election was published in the official gazette on 2nd February, 2009. That after holding of the election, the pet......tion was liable to be dismissed. 5. The Election Tribunal, after considering the oral evidence and also the documents adduced by the contesting parties, allowed the election case vide judgment and order dated 14.09.2009 holding that the opposite party No.1 was a loan defaulter on the date of fili......is appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......tion of these provisions. If any special law in prescribing the period of limitation for any suit, appeal or application expressly excludes the applicability of the provisions of any of the aforementioned sections of the Limitation Act then only these sections of the Limitation Act will have no appl..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. ......structed 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) ......or any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Nurul Alam alias Nurul Alam Chowdhury.........Petitioner Vs. The State.........................................................Respondent ..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....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:......of 2005. 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-Shish......with, 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:......eme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Mohammad Marzi-ul-Huq J Md. Ruhul Quddus J Nobendu Das alias Ronju…………………Petitioner Vs. The State…………………....................Opposite Party Judgment ..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. ......vocate 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 2......stances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ...... Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J M/s. Sadharan Bima Corporation.........................Petitioner (In both the cases) Vs. United Fish Exports Limited and others.................Respon..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 ......ntiff got possession of the suit land as such, a suit for only declaration of title without any consequential relief is not maintainable. 11. In the result, the rule is made absolute without any order as to cost. 12. The judgment and decree dated 4-9-1996 passed by the learned Sub-ordinate......Case is also Reported in: 18 BLC (HCD) (2013) 191 21 BLT (HCD) (2013) 39 ...... Court High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Rahima Khatun and another...............Defendant-Petitioners Vs. Sufia Begum and others......................Plaintiff-Opposite-Parties Judg..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
....n force should not be declared as void being inconsistent 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" sh......10 for sale of the petitioner's mortgaged property under section 12 of Artha Rin Adalat Ain 2003 (in short Ain). At this stage the petitioner moved this Division and obtained the present Rule and order of stay. 4. Mr. ATM Mizanur Rahman, the learned counsel appearing for the petitioner, fro......s hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162. ......t High Court Division (Special 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 ..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. ......te instructed by Md. Abu Siddique, Advocate-on-Record—For Respondent No.1. Not represented-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.) Judgm...... is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......blic of Bangladesh represented by its Secretary, Ministry of Land, Bangladesh Secretariat Building, Abdul Gani Road, Ramna, Dhaka and others ...................................................Petitioners Vs. Mozammel Haque and others............Respondents Judgment February 23, 2012. ..Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
....ected peoples are
unable to come to enforce their fundamental rights, hence the petitioners move this
Public Interest Litigation (PIL) before his Hon’ble Court.
6. The following reports were published in different
newspapers on different dates:
A meeting was held on 22.07.2010 with H......patients in the
government hospital and way a direction should not be given upon the
respondents not to further increase the user fees in the government hospital
and /or pass such other or further order or orders as this Court may deem fit
and proper.”
2. The averments figured by the peti......cted to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
......sion
(Special Original
Jurisdiction)
Present:
AHM Shamsuddin Choudhury J
Jahangir Hossain J
Human Rights and Peace for Bangladesh (HRPB) and
others................ Petitioner.
Vs.
Bangladesh represented by the Secretary, Ministry of Health and Family Welfare..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......d. Zahangir, Advocate-on-Record—For Respondent Nos.1-11 & 13. Not Represented-For Respondent Nos.12 & 14. Civil Petition for Leave to Appeal No.1712 of 2009. (From the judgment and order dated 11.5.2009 passed by the High Court Division in First Appeal No.148 of 2003.) Judgment......is petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Dream Land Properties Ltd.................................................................Petitioner Vs. Hazi Abdul Wazed being died his heirs; 1. Abul Kashem and others..........Respondent..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
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 ...... import and negligence on the part of the bank's appointed shipping agent, Considering the facts and circumstances, we find no reason to interfere. Accordingly the appeal is dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. Th......llip;. 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, AIR 1922 PC 48 and Lala Hakim Rai Vs. Lala Ganga Ram, AIR 1942 PC 61 Lawyers ......D) 1;Bipradas pal Chowdhury Vs. Kamaini Kumar Lahiri, AIR 1922 PC 48 and Lala Hakim Rai Vs. Lala Ganga Ram, AIR 1942 PC 61 Lawyers Involved: ABM Bayezid, Advocate— For Appellant None appears—For the Respondent First Appeal No. 209 of 1997 Judgment Abu Zafor ..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
.... shown as a defaulter in the CIB report. So, the Company filed Writ Petition No. 491 of 2007 and obtained Rule Nisi and an order of injunction restraining the Bangladesh Bank and the Sonali Bank from publishing the name of the Company as a defaulter in the CIB report with a direction to delete the n...... Advocate-on-Record-Respondent No. 7.
Md. Abdur Nur, Advocate-on-Record- For Respondent No. 8.
Not represented- Respondent Nos. 2-6 & 9-10.
Civil Appeal No.27 of 2011.
(From the judgment and order dated 15.12.2009 passed by the High Court Division in Election Petition No. 8 of 2009)
Judgme......s also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......the 9th Parliament for Tangail-5 Constituency held on 29.12.2008, the appellant and respondent Nos.1-4 were the contesting candidates. At the initial stage of the election process, the Deputy Commissioner, Tangail acting as Returning Officer received objections and information about disqualification..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....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.
......that the earlier amendment of 2006 to the terms and conditions of the licence regarding charges was done through a lengthy discussions and negotiations between the parties, and finally, the amendment order was issued under section 39 (before amendment) as an agreed amendment order. However, in the i......VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
......: 18 BLC (HCD) (2013) 401.
..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
....e mark Act 2009 alleging non-use of the registered trademark "FROOTI". But the trademark of the respondent No.1 being internationally used in more than 30 countries including Bangladesh, by widely (published) advertisements for its branded product "FROOTI" through Newspapers and various TV channel......they are going to establish business relationship with others in Bangladesh for the purpose of marketing the product "FROOTI" within Bangladesh and, as such, the petitioner is entitled to obtain an order under the Provisions of section 42 of the Trade mark Act 2009 for removal of the said mark "FR......I", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
...... (HCD) (2012) 730.
..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....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. ......ed: Syed Mahbubur Rahman, Advocate-on-Record—For the Petitioner. Respondents—Not represented. Civil Petition for Leave to Appeal No.484 of 2009. (From the judgment and order dated 13.01.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.34 of 200......this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ...... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Shahjahan Atmasder................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Agricult..Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....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. ......Referring to the aforesaid provision of the Constitution the Supreme Law of the Land. 14. Mr. Farooqui submits that the Constitution provides sanction for correction of old pattern of justice in order to adopt the new method, ends of justice should not be blurred by the means of justice. I...... Reported in: 65 DLR (HCD) (2013) 59. ...... 1 as only son and 3 daughters Asma Akhter, Kalpona Yesmin and Sanjeda Yesmin as her three daughters. Subsequently, Badsha Miah married Rezia Begum for the second time out of whom he left behind one son Rana Talukder and two daughters. It is admitted in the said written statement that Bads..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
.... at the VIP
road that passes through Karwanbazar area due to the closure of the car park. The
matter involves great public importance and hence this is public interest
litigation.
5. A report published in The Daily Star on 03.04.2010,
stated that the Dhaka City Corporation is constructing s......ity and is of no legal effect and why a direction should
not be given upon the respondents to ensure existence of selected car park at
Kawranbazar by way of demolishing/removing structure if any in order to avoid
traffic jam in the area.”
2. The averments figured in the petition are, br......y of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:......h Court Division
(Special Original Jurisdiction)
Present:
AHM Shamsuddin Choudhury J
Jahangir Hossain J
Human Rights and Peace for Bangladesh (HRPB)....................Petitioner
Vs.
The Mayor, Dhaka City Corporation, City Corporation Bhaban,
Ramna, Dhaka, Bangla..
Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15
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