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Taposh Malaker Vs. Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others, 2013, 42 CLC (AD)

....made on proper appreciation of law and facts do not call for interference. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 1. ......in J Siddiqur Rahman Miah J AHM Shamsuddin Choudhury J Taposh Malaker..............Petitioner Vs. Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others……………………………&h......section is only in respect of agricultural loan and that loan for the purpose of manufacturing handi­crafts does not come within the exemption. This finding of the High Court Division is based on proper appreciation of section 19(2) (Jha) of the Local Government (Pourashava) Act, 2009. 9. M......made on proper appreciation of law and facts do not call for interference. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 1. ..

Category: Election Law | Date: 7 May, 2013 | Hits: 6

Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)

.... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209.           ......bsp;       ......nt-petitioners as plaintiffs instituted a suit being Title Suit No.21 of 1999 in the Court of the Subordinate Judge, now Joint District Judge, 1s Court, Manikganj for declaration of title in the suit property and for further declaration that the RS record of the suit property in the name of the defe...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209.           ..

Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4

Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)

....nd also to communicate the compli­ance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533.   ......Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. AshrafUl Kamal J Hasan Chowdhury (Md.) ..................Petitioner (In both the petitions) Vs. Bangladesh Bank and others..................Respondents (In both the petitions) Judgment May 22, 2013. ...... and sub-section (1)(Gha) of the sec­tion 45 of the Act, Bangladesh Bank enjoys the authority to pass any direction on all or any of the Bank-Companies in the public interest or for ensur­ing proper management. 14. In this context we think it relevant to quote a line from the decision o......nd also to communicate the compli­ance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533.   ..

Category: Banking Law | Date: 2 May, 2013 | Hits: 3

Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)

....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522   ......ur Rahman J   Hassan Arif J Sheikh Shahadat Hossain (Md.)………………………Appellant Vs. National Board of Revenue and others................Respondents Judgment April 25, 2013. Result: The Custo...... 14 Cal-365, P-372 (PC]. However, in some modern cases, it would appear that judges of the superior courts relied upon the punctuation carefully used in the statutes for reaching conclusion as to the proper interpre­tation of the same. As for example, where Section 27 of the Drugs and Cosmetics ......fying or annulling the deci­sion or order or may refer the case back to the authority which passed such decision or order with such directions as the Appellate Tribunal may think fit, for a fresh adjudication or deci­sion, as the case may be, after taking addi­tional evidence, if necessa..

Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2

Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)

....d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211.         ...... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hasan Arif J Abdul Mukid (Md.)...........................Petitioner Vs. Artha Rin Adalat Khulna and another................Respondents Judgment  April 21, 2013 Result: Th......roceeding at the instance of respondent No. 2. In the process of said execution, the Adalat issued war­rant of delivery of possession in favour of respon­dent No.2 in respect of the mortgaged property of the petitioner's father. The petitioner then filed an application for recalling the ......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211.         ..

Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4

Ranju Chandra Das Vs. Sree Radha Krishana Gour Netai Prova Jagabondhu Sundr Bigraha, 2013, 42 CLC (HCD)

....ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 117       ......17       ......er XXI, rule 58 of the Code of Civil Procedure, at the instance of the 3rd party. 3.  Facts giving rise to this rule in a nutshell are that the opposite-party No. 2 offered to sell her only property through her attorney and the peti­tioner accepted the offer of sale at a consideration ......ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 117       ..

Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2

Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)

....e is not at all desirable, it has to be settled once for all. The dispute over the control, management and leasing out of Maowa Ferry Ghat, now declared as river port can only be resolved finally and completely by way of a poli­cy decision at the highest level of the government and the said disp...... DLR (HCD) (2013) 535 ......ained by an order of injunction from leasing out the land of Maowa Riverport and its foreshore land in any manner and/or such other or further order or orders passed as to this court may seem fit and proper. 2. Mr. SM Rezaul Karim the learned Advocate appearing with Mr. Sheikh Fazle Noor Taposh......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ..

Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3

Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)

....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211.         ......t: The Rule is disposed of. Cases Referred to- Sayed Ahmed Vs. the State, 10 DLR (SC) 12; State of Goa Vs. Babu Thomas, (2005) 8 SCC 130; Baij Nath Prashad Tripathi Vs. State of Bhopal and Sudhakar Dube Vs. State of Bhopal PLD 1957 Supreme Court (India) 406. Lawyers Involved: ......trash Birodhi Ain, 2009, now pending before the 3rc Court of the Special Judge, Dhaka should not be quashed and/ or such other or fur­ther order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of the instant Rule are as follows;— On 25-2......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211.         ..

Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4

ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)

.... 2. Mr. HS Deb Brahman, the learned Advocate appearing on behalf of the petitioner submits that in view of rule 10 of the Anti-Corrup­tion Commission Rules. 200 the Investigating Officer is to complete the investigation within the time frame as; has been prescribed in the said pro­vision ......Division (Special Original Jurisdiction) Present: Farah Mahbub J AKM Zahirul Islam J ABM Mohiuddin Chowdhury.............Petitioner Vs. Anti-Corruption Commission and others...............Respondents Judgment         ......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ..

Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4

Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)

.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197     ...... of 1999 is illegal. 2. The facts leading to the issuance to the leave in a nutshell; can be stated thus, the plaintiff-petitioner filed the original Title suit alleging that the plaintiff as a landlord on the basis of a written agreement dated 14th June, 1993 entered into a settlement with the......dant he filed an application under Order VI, rule 5 of the Code of Civil Procedure for furnish­ing further and better statement in as much as it was very much applicable as well as acceptable for proper adjudication into the matter in dispute. The learned Advocate for the opposite-party also sub...... filed an application under Order VI, rule 5 of the Code of Civil Procedure for furnish­ing further and better statement in as much as it was very much applicable as well as acceptable for proper adjudication into the matter in dispute. The learned Advocate for the opposite-party also submits th..

Category: Property Law | Date: 6 Mar, 2013 | Hits: 3

Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)

.... of the appellant with their arrear salaries and benefit. 2. The facts involved in this appeal, in a nutshell, are that SIP (Slum Improvement Project) (second phase) commenced in July 1988 to be completed by June, 1993 with the help of Community Organizers appointed for the purpose as per the a...... The appeal is dismissed. Legitimate expectation The root of the principle of legitimate expectation is constitutional principle of rule of law which requires regularity, predictability and certainty in Government's dealing with the pub­lic…………&helli......ed Senior Advocates, the impugned judg­ment and the materials on record. 11. Before addressing the conflicting sub­missions of the learned Senior Advocates of both the sides, it would be proper to go through the submissions of the learned Advocate, on which, leave was granted as under:&......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ..

Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17

Sayeda Kamrun Jahan Chowdhury Vs. Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittegong and others, 2013, 42 CLC (HCD)

....sts. Let the copy of the judgment and order be sent to all concerned for information and neces­sary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 146   ......rul Haque J Md. Badrzzaman J Sayeda Kamrun Jahan Chowdhury.....................Petitioner Vs. Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittaong and others................Respondents Judgment February 26, 2013.   Result......uary 26, 2013.   Result: The Rule is made absolute Setting-Aside Auction Sale on the Ground of Material Irregularity— The decree-holder got the plot numbers of the property correct which was sold in execu­tion of the decree after the confirmation of the sale w......sts. Let the copy of the judgment and order be sent to all concerned for information and neces­sary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 146   ..

Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3

Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)

....on of the agreement as per agreement. 9.  Equity does not give any special remedy to a party who has chosen not to perform his promise. Performance of one party's promise may have to be completed or tendered before he can sue on the other's reciprocal promise. No man can complain o...... Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Amir Hossain Sowdagar................................Appellant Vs. Md. Harunur Rashid and others......................Respondents Judgment February 20, 2013. Result: ......010 passed by the High Court Division on First Appeal No.281 of 2008.) Judgment SK Sinha J. - Appellant is the defendant in a suit for specific performance of contract for sale of immovable property, which includes a house and a shop, who has obtained leave from this, Division from a judgm......ismissed. The appeal is dismissed with the above mod­ification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ..

Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42

Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corpora­tion and others, 2013, 42 CLC (AD)

....acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ......inha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Rana Kaiser Siddiq..................Petitioner Vs. Bangladesh Chemical Industries Corpora­tion and others………Respondents Judgment February 14, 2013. Result: ......itioner has any right he could seek remedy before the civil Court, not in the instant writ petition. The findings arrived at and the decision made by the High Court Division having been based on proper appreciation of law and facts do not call for interference. Accordingly, this civil peti......acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ..

Category: Others | Date: 14 Feb, 2013 | Hits: 10

Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)

.... 894 as 0.54 acres and 12.41 acres respectively. It is the positive case of the plain­tiffs that the suit property went under water of the river Arial Kha in the year 1339 BS and its diluvion was completed in the year 1445 BS. Subsequently the land reappeared again in the other side of the river......his Case is also Reported in: 18 BLC (HCD) (2013) 386.   ......9 passed by the learned Assistant Judge, Muladi, Barisal in Title Suit No.106 of 2005 should not be set-aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule in a nutshell can be stated thus, the ......no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386.   ..

Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8

Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)

....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......ary 10, 2013. Result: The Rule is discharged. Accused shall rebut presumption Under the provisions of section 27(2) an accused shall have to rebut presumption about the allegation and explain his position regarding the acquisition of properties disclosing sources of income. Mere ....... Accused shall rebut presumption Under the provisions of section 27(2) an accused shall have to rebut presumption about the allegation and explain his position regarding the acquisition of properties disclosing sources of income. Mere denial of allegation can not be taken into considerati......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6

AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)

....s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in:  65 DLR (HCD) (2013) 539     ......rt Division (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Mohammad Ullah J AKM Mahtabul Islam .......................Petitioner Vs. Bangladesh and others ....................Respondents Judgment January 30, 2013. Result: Th......thority and is of no legal effect as it alleged to have been in violation of Section 32(1 )(Ja) of Act 52 of 2009 and/or such other or further order or orders passed as to this court may seem fit and proper." 2. While issuance of the rule, a direction was given by this court upon the respo......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in:  65 DLR (HCD) (2013) 539     ..

Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3

Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)

.... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ......s Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Abdullah-al-Noman……………...............Petitioner Vs. State and another..........................Opposite-Parties Judgment January 24, 2013. Resu......, 1957, now pending before the Court of learned Metropolitan Senior Special Judge, Dhaka should not be quashed and/or pass such other or fur­ther order or orders as to this Court may seem fit and proper. 2. It stands out from the record of the case that at the time of issuance of the Rule a...... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ..

Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8

Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)

....case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108.   ...... (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Mohidul Islam (Ripon)(Md.)....................Petitioner Vs. State and another……………………………O......and 27(1) of the Anti-Corruption Commission Act, 2004, now pending in the Court of Special Judge, Bogra, should not be quashed and/or pass such other order or orders as to this Court may seem fit and proper. 2. At the time issuance of the Rule, all fur­ther proceedings of the above mentione......case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108.   ..

Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3

Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)

....the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. 55. In view of the above provision of the Code of Criminal Procedure it is clear that when a complete procedure is provided in a special enactment for the purpose of inquiry, investigation and ......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: M Enayetur Rahim J Giasuddin-al-Mamun ....................Accused-petitioner Vs. State and another……………...........Opposite-parties Judgment Ja......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50.   ......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50.   ..

Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11