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Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)

.... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199

Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)

....ogaon Branch, Naogaon" who is the complainant of the instant case. 4. It is further stated that the Manager of Mercantile Bank Ltd., Naogaon Branch, Naogaon filed CR Case No.406/8 before the Chief Judicial Magistrate, Naogaon against the petitioner under section 138 of the Negotiable Instruments ...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ..

Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237

KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)

....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......mal agreement with respondent No.11 (in place of respondent No.10). The Review Panel, after hearing the parties including the BTRC, by its decision dated 8-5-2011 (Annexure-I) 'cancelled' the review petition and further 'cancelled' all the process adopted by the BTRC to select the CA..

Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20

Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....60 DLR (AD) 71; CA Abraham Vs. Income Tax Officer, AIR 1961 SC 609; Himachal Pradesh Vs. Raja Mahendra Pal, AIR 1999 SC 1786; Haryana Vs. Bhajan Lal, AIR 1992 SC 604; Pepsi Food Limited Vs. Special Judicial Magistrate AIR 1998 SC 128; WBV Swapan Kumar Guha, AIR 1982 SC 949; State of Bihar Vs. JAC......ession alternative efficacious remedy' as is used in our provision, even then, the Indian Supreme Court's stand is, in presence of 'alter­native remedy' or 'adequate remedy' the power of judicial review in exercise of discretionary power in writ jurisdiction is not permissible. 27.  L..

Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39

State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)

....oners are acquitted from the charge leveled against them. All the appeals are allowed. The Rule is made absolute. It is settled Principle of law that a statement of an accused before a Judicial Magistrate would a confession, if it is in terms of the offence charged or any rate substan......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53.     ..

Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6

Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)

.... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ..

Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43

Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)

....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..

Category: Property Law | Date: 15 Jun, 2011 | Hits: 169

Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)

....learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ..

Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102

Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)

....ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ......ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142

Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)

....resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in:    ......iance report every 3 months. 20. With above directions the Rule is made absolute, which shall live on as a continuous mandamus. The matter shall be taken up on 1st December 2012 again for review and further orders. 21. Before parting we would direct the office to treat this as a W..

Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37

BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in:  ...... vide it’s decision dated 10.02.2011(Annexure-A) without making either BGP (Bangladesh) International or BGP Inc., China National Petroleum Corporation a party or giving personal hearing, upon a review petition filed by the respondent no.8 purporting to be the sub-contractor of one of the othe..

Category: Civil Law | Date: 29 May, 2011 | Hits: 21

Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)

....our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......petitioner in Matter No. 61 of 2010) of the respondent No.1 company (that was issued by the Company at the time it was being listed in the Stock Exchange for issuing shares to the public at large) is reviewed then the following can be observed. The Prospectus categorically provides that each sh..

Category: Company Law | Date: 26 May, 2011 | Hits: 9

Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)

....nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ..

Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267

S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......hstanding the ouster of jurisdiction of the High Court Division by any legislative provision or even under Article 102 itself, this Hon’ble Court is yet entitled to exercise its power of judicial review under Article 102 if the action complained of is found to be coram-non-judice, without juri..

Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22

Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)

.... an immediate, fixed right of present or future enjoyment; to accrue to; to be fixed; to take effect; to clothe with possession; to deliver full possession of land or of an estate. 11. In Stroud’s Judicial Dictionary, 4th Edn, the word ‘vested’ has been defined in several senses – it is sta......w in directing the appellants to resort to partition suit for recovery of encroached acquired land. c) the High Court Division committed gross error of law and traveled beyond the scope of judicial review in exercise of jurisdiction under Article 102(2)(a)(i) of the Constitution in directing the a..

Category: Property Law | Date: 15 May, 2011 | Hits: 100

Mohammad Tayeeb and another Vs. Government of the People’s Republic of Bangladesh (Fatwa Judgment), 2011, 40 CLC (AD)

....authorized, is maintained. No order as to costs. This Case is also Reported in:                   ......s having written Constitutions, in order to establish and enforce the fundamental rights of its citizens and also to prevent illegalities. 19. Next, I shall consider how the doctrine of judicial review came into being. In the United States of America, Article III of its Constitution confer..

Category: Civil Law | Date: 12 May, 2011 | Hits: 34

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.......-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...

Category: Women and Children | Date: 2 May, 2011 | Hits: 171

Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)

....to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77

Alomgir Hossain alias Abdul Aziz Vs. State, 2011, 40 CLC (HCD)

....t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 15 Mar, 2011 | Hits: 76

Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)

.... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ...... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ..

Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185