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Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....ami Bank Ltd. is not maintained by the name of the accused-petitioner; rather it is maintained in the name of her husband. Furthermore, the cheque was not bounced because of insufficiency of funds or excess of the amount arrange to be paid as agreed upon between the drawer and the bank. In such post...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357...Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
..... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ...... the Act. 16. The word 'স্বাধীন' or "independent", has been used in sub-section (2) of section 3, denotes independence from external pressure or influence, a duty to act neutrally i.e. without being biased. According to the rule of interpretation known as no..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ......the dispute with the defendant No.6. Upon receiving the said letter the plaintiff on 25-4-1991, by submitting a letter of request to the Board of Directors of Pubali Bank Ltd asserted that it was the duty of the defendant Nos.1-4 to hand over share certificate to the plaintiff. By another lette..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......a Judge cannot be an Arbitrator while dispensing justice. Unfortunately in the present case the bail prayer as rejected on the ground that the appellant did not compromise the case. The Judges has no duty to compromise and dispute in between the litigant public. But in this case which has been done ..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......which has been earmarked as the plaintiff imported cargo in the Narayanganj port as alleged to be of non-conforming. 55. It appears that the consignee Rupali Bank Limited, the defendant No.8 being duty bound, under the terms of the L/C, to inform the notifying party and the insurance company as t..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......osed to know the real stock, or that he maintained the register and was assigned for loading and unloading the goods. The tally books and register are official records showing performance of official duty of the appellant. These records do not show that the appellant illegally lifted or shifted the ..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ......titioner has got any interest in the matter Writ-petition in question could not be termed as public interest litigation. Before going into the merit of a writ petition the first and primary duty of the writ Bench is to see whether writ petition itself is maintainable in law or whether the ..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....aken by us and for that reason the submission of the learned Deputy Attorney General that this case within the purview of section 82(C)(5) has no legs to stands since Sec 82(C)(5) concerns about excess amount of expenditure categorized under Section 19 of the Ordinance. (underlings are mine) ......any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ..Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123
Chunnu Vs. State, 2011, 40 CLC (HCD)
....icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......ght-wrist. 14. P.W.6, Mst. Roksana, was tendered by the prosecution and accordingly the defence declined to cross-examine her. 15. P.W. 7 is the Magistrate, who deposed that while he was on duty in Nilphamary on 14-5-2003, he recorded 164 statements of witness Arif (P.W. 3), which he prove..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
.... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ......impugned office order No. PBI/N.GONJ/Release Order LPR 405/09 dated 25-2-2009 staled, inter-alia, that the petitioner would go on LPR from 25-2-2009 (Annexure-D) and thereby had released him from his duty of the said Bank on 25-2-009 since he had attained the age of superannuation, i.e., 57 years on..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Md. Nazim Vs. State, 2011, 40 CLC (HCD)
.... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ......able Md. Nur Zaman lodged an written ejahar with the Sutrapur police station against the petitioner alleging inter alia that on 29.5.04 while the informant along with his forces were engaged in their duty, then at 19.30 hours in front of a house of holding No.48/K Dhalganagar, they challenged 2 boys..Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
.... No.3 directing the parties to appear before the committee for reconsideration of the appeal cases were issued beyond the jurisdiction and authority of respondent Nos.2 and 3 and those were issued in excess of their jurisdiction. 33. Another important aspect of the case is that during pendency of......ure is not as a general rule undertaken nor investigations of title to property made. It provides a means of obtaining a speedy decision in a case where a clear disregard of a statutory obligation or duty has resulted in the infringement or denial of a legal right about the existence of which there ..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)
....et the lower Court's record with a copy of this judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237. ...... such other or further order or orders as to this Court may seem fit and proper. 2. The prosecution case, in short, is that on 9-9-2004 the informant along with other DB personnel went on patrol duty at Bhashantek area on the basis of GD No.622. While on duty, the informant and his companions g..Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....e or object of that company then the company will not be bound by such act and that object or purpose shall be ultra vires of the company. The expression is used to mean any act performed in excess of the powers of the authority or the person who performs the act. The ultra vires doctrine ......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
.... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ......drasha Education Board Governing Bodies and Managing Committees Regulations, 1979 provides that a teacher who commits a breach of the provisions of these regulations or who is guilty of negligence of duty, inefficiency or corruption or who knowingly does anything detrimental to the interests of the ..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
.... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ......as incumbent upon the PW 10, IO to further ascertain the fact whether the condemned-prisoner and his brother had positively tied the noose around the corpse and hung it from a beam which it was his duty to do. This led the Tribunal to find thus: “কিন্তু ঝুলানো অব..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
Gulshan Club Ltd. Vs. Chairman, National Board of Revenue and another, 2010, 39 CLC (HCD)
....is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ......ough some of the admitted aspects of the case focused on the fact as well as law. Admittedly the petitioner Gulshan Club is a Company Limited by guarantee under the Companies Act, 1913 which has been duty registered with the Registrar of Joint Stock Companies and Firms. It is also admitted that the ..Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ......ers, (1924) I KB 171 observed that the Rules of natural justice applied to 'any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially'. The expression 'having the duty to act judicially' was used in ..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2