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Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ......into an artha rin suit by the impugned orders was illegal and as such, the decree passed in Artha Rin Suit No.43 of 2003 on 10.11.2003 was illegal and without jurisdiction. The Rule was issued as per terms of the prayer. 7. It further appears that though there were two petitioners in the writ ...... Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J Abdur Razzaque Chowdhury and others.......Petitioners (In both cases) Vs. Artha Rin Adalat and others................Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ...... to the petitioner in this regard. 23. Mr. Ramzan finally submits that on the basis of the freight forwarder's House Bill of Lading, petitioner cannot claim the goods in question, as per L/C terms and conditions. Therefore, payment of Customs duty, VAT and other charges for the goods on 9-2......he People's Republic of Bangladesh calling upon the respondents to show cause as to why the holding of the imported duty paid goods covered under Letter of Credit No. 209610010034 dated 18-3-2010 and B/E No.C137775 dated 19-10-2010 and B/E No.C63728 dated 23-5-2010, Bill of Lading No.S00005349 d..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ......, which is a clear violation of provisions of section 106 of the Act, hence also the questioned resolution is liable to be cancelled. Accordingly, he has prayed for allowing the petition in terms of the prayer made in the application filed under section 233. The learned Advocate for t......ision (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J Abdul Wadud (Md.).....................................Petitioner Vs. Heaven Homes Private Ltd and others.............Respondents Judgment October 14, 2012. Result: The petiti..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ...... Civil Revision No.9120 of 1991. Judgment Md. Abu Zafor Siddique J.- On an application filed under section 115(1) of the Code of Civil Procedure a rule nisi was issued in the following terms:— "Let a Rule issue calling upon the opposite-party Nos.1-6 at the risk of the......r 11, 2012. Result: The Rule is discharged. The revisional power of the High Court Division is a supervisory power which may also be exercised suo motu. Since the Rule is of 1987, and the matter is pending for hearing more then 26 years, it is very unfortunate for ends of justice..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ......, 00,000/- (Taka thirty lacs) against the completed work of Project No.26 of South West Zone 36 Feeder Sharak Nirman (A.D.P.) serial No.31 and in his prayer he claimed the said amount in no uncertain terms. He further submits that the respondent as writ petitioner challenged the resolution No.2.4.9 ......ate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh and others.........................Appellants Vs. M/S. Sanker Kumar Das.....................Category: Others | Date: 10 Oct, 2012 | Hits: 144
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
.... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ......was initiated as back as on 17-12-2003, we instead of granting leave in the matter, consider it proper to dispose of the petition finally. Accordingly, this petition is disposed of the following terms: (a) The order dated 12-3-2005passed by the Senior Special Judge Sylhet in Special Case N......d. Shamsul Huda J Kaisor-uz-Zaman (Md.)...……………………...Petitioner Vs. State, represented by the Deputy Commissioner, Sylhet and another........Respondents Judgment October 8, 2012. Result: Th..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. .......5590 of 2004 against that order. The High Court Division heard both the writ petitions analogously and made the rules absolute without, however, making any direction and/or making any declaration in terms of the rules. The decree-holder Agrani Bank and Kutub Uddin Ahmed thereupon sought leave ......dul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Agrani Bank.......................Appellant Vs. Anwarul Bashir Khan and others…........Respondents Judgment October 3, 2012. Result: T..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......nd all the P.Ws are close relatives of the complainant. Mr. Razzak has drawn my attention to the examination of the appellants under section 342 of the Code of Criminal Procedure and submits that the terms and conditions of examining of the accused under section 342 of the Code of Criminal Procedure......is also Reported in: 21 BLT (HCD) (2013) 20 ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......part-7/80-833 both dated 2-7-2005 issued to the Petitioner, allocated microwave frequency of 10915/11445 and 11035/11565 MHz and further allocation of frequency in the band of GSM 1800 MHz on certain terms and conditions. The terms and conditions of the Renewed Frequency Allocation inter alia p......al Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Orascom Telecom Bangladesh Ltd............................................Petitioner Vs. Bangladesh and others.................................................................Respondents Judgment..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
.... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
......ect to police verification. The plaintiff-petitioner was not appointed permanently in the post of Munsif and after getting police report against him he was duly terminated from his service as per the terms and conditions of his appointment. The plaintiff's service being temporary and conditional......n
(Criminal Appellate Jurisdiction)
Present:
Soumendra Sarker J
Jnanendra Nath Barai ..................Plaintiff- Petitioner
Vs.
The Secretary, Ministry of Law, Justice and Parliamentary Affairs and
others.......................Defendant-Opposite Parties
Judg..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ...... Prevalence of Loan Agreement over PPA The Proviso to clause (Gha) of Section 3(2) of PPA, 2006 provides that if any contradiction crops up between PPA, 2006 and the Loan Agreement, then the terms of Loan Agreement shall prevail over the PPA, 2006 in respect of projects funded by foreign co......) 98. ..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......nd subsequently their services were extended from time to time on the basis of the decision taken by the authority of the Biman. The petitioners initially worked for 270 days in the first 3 terms against permanent posts and after a short gap for 3 days, they continuously worked till 1......te Division (Civil) Present: Surendra Kumar Sinha J Md. A Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Bangladesh Biman Corporation and others..........Appellants (In all appellants) Vs. Md. Zahangir Farazi and others.......Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ......oney receipt dated 4-3-2012 clearly shows that the entire consideration for acquiring these 6, 17,000 shares was paid by the petitioner by using the BO account of the respondent No.3, pursuant to the terms and condition of the MoU dated 4-3-2012. These documents further reveal that the respondent No......Present: Md. Rezaul Hasan J Golam Rahman………………………..................Petitioner Vs. Registrar of Joint Stock Companies and Firms and others.........Respondents Judgment August 6, 2012. Result: The ap..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
....subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ......the revenue setup after completion of the project, there is indication from annexure-D that they would be absorbed; that in the absence of project profile it is not possible for ascertaining the terms upon which the project document refers to the aspect to the revenue setup; that the Ministry o......Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others.............Petitioners Vs. Md. Abul Kalam Azad and others.......................Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 6
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
.... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ......the revenue set up after completion of the project, there is indication from annexure-D that they would be absorbed that in the absence of project profile it is not possible for ascertaining the terms upon which the project document refers to the aspect to the revenue set up; that the Ministry ......r Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education and others..................................................Petitioners Vs. Md. Abul Kalam..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
.... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ...... Taka 1,34,000 to the plaintiff. After the said payment, only a sum of Taka 31,000, that is, Taka 29,000 out of the loan money and Taka 2,000 on account of interest was due from the defendant. As per terms of the agreement, the defendant was to pay back the entire money to the plaintiff within 1(one......nbsp; Md. Imman Ali J Md. Shamsul Huda J Yousuf Chowdhury (Md.)................Petitioner Vs. Md. Emran and another..................Respondents Judgment August 5, 2012. Result: The appeal sa..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)
....nd that no inherent powers had survived the passing of the Code. This provision should not be used to obstruct or divert the ordinary course of justice. The power under this section is a special extraordinary one, the main aim and object of which is to save the people from any agony of the......rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ...... (Act No. V of 1898); section 561A Inherent powers of the High Court Division The inherent powers of the High Court Division is neither an alternative nor an additional in its correct sense and is to be rarely invoked only in the interest of justice so as to seek redress of grievances for ..Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......levant to quote a proposition with an illustration given by Glanville Williams in the Criminal Law (Second Edn. P-382) as under: "The question arose in an Iowa case, hut it was discussed in terms of conspiracy rather than of accessory-ship. D who had a grievance against P, told E that if h......li Bhutto Vs. State, PLD 1979 SC 53; Maj. Md. Bazlur Huda Vs. State, ADC Vol. VI(A) 1; Shama Rao Vs. Union Territory of Pondicherry, (1967) 2 SCR 650; Nazir Hussain Vs. Muhammad Shafi, 17 DLR (SC) 40 and Abul Kalam Azad alias Ripon Vs. State, 58 DLR (AD) 26. State Vs. Abdur Rashid Piada alias Abdur ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ......the evidence of P.W.3 is inadmissible under section 92 of the Evidence Act? Section 92 of the Evidence Act Runs thus:— "92. Exclusion of Evidence of oral Agreement—When the terms of any such contract, grant or other disposition of property, or any matter required by law to......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Monindra Nath Biswas ......................Petitioner Vs. Kantaram Mondal and others................Opposite Parties Judgment July 31, 2012. Result: The R..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....f law. When the contract itself provides for a mode of settlement of disputes arising from the contract, there is no reason why the parties should not follow and adopt that remedy and invoke the extraordinary jurisdiction of the High Court under Article 226. The existence of an effective altern...... under the said Contract No. 09689 dated 16-1-2003 and/or pass such other or further order or orders as to this Court may seem fit and proper. 3. In both the Petitions Rule were issued in common terms where only the contract and refund amounts are different being Contract No. 09690 in respect o...... Md. Ashraful Kamal J Energy Prima Ltd……………………………...Petitioner Vs. People's Republic of Bangladesh and others...............Respondents Judgment July 29, 2012. Result: Both..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
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