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Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....shed and/or any other order passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 9-3-2008, all further proceedings of the above mentioned CR case were stayed. 3. The relevant facts for disposal of the Rule are that the opposite party No.2 Senoara Begum as complainan......ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385.......urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Azizul Haque J Solaiman (Md.)……………………….Petitioner Vs. State and another………………………………opposite Parties Judgment April 8, 2010. Res......ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385...Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....dated 11-10-2007 under section 165A of the Penal Code should not be set aside and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. In short, the facts relevant for disposal of this Rule are as follows: One Md. Ali Ahmed Masud (PFM), Sub-Inspector ......me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ......e Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Hye J Md. Abdus Samad J Amanullah (Md.)……………………..Accused-petitioner Vs. State and another………………………Opposite Party Judgment June 3, 2010. Result: The ...... reads as under: "241A. When accused shall be discharged.- When the accused appears or is brought before the Magistrate, and if the Magistrate, upon consideration of the record of the case and the documents submitted therewith and making such examination, if any, of the accused as the Magistrate ..Category: Criminal Law | Date: | Hits: 84
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
.... to delimitation of the constituency, allotment of seats and election dispute has been provided with the protection of law under the Constitution and this protection shall automatically extend to the relevant provisions of President’s Order 155 of 1972 dealing with election dispute. The petitioner......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ...... High Court Division (Special Original Jurisdiction) Present: K M Hassan J Md. Latifur Rahman J Mahboob Uddin Ahmed……………Petitioner Vs. Bangladesh Election Commissioner, and others………………Respondents Judgment May 27, 1998. Result: The Rule is disch......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....” which contained that “if a government servant is convicted of a criminal offence it is not incumbent upon the authority, he should impose upon him a penalty of dismissal or removal or reduction relevant on the ground of his conviction. In each case, the authority will consider the conduct of t......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......hmed Vs. Bangladesh, 45 DLR (AD) 1; Manager, Personal Division Vs. Md. Sazaban Miah & others, 35 DLR 224; Civil Petition for Special Leave to Appeal Leave (CPSLA) No.299/83; Dhunat Degree College and others Vs. Md. Abdus Samad and others, 49 DLR 38; Fazlul Karim Vs. Agrani Bank, represented by t......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....xercise of its extraordinary power could allow what is necessary for the purpose of preserving the trust property. The learned Advocate has referred to certain decision to which I shall advert at the relevant portion of the judgment. 7. In the instant case, inspite of the nonce published in the n......t property. The learned Advocate has referred to certain decision to which I shall advert at the relevant portion of the judgment. 7. In the instant case, inspite of the nonce published in the newspapers inviting application for sale of the property and for objection against it none appeared to o....... Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268...Category: Trust/Waqf Law | Date: | Hits: 166
Category: Labour and Industrial Law | Date: | Hits: 171
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......nt company to satisfy the above liability of about Tk. 43,00,000.00 and odd within 31st December, 1990. 18. The respondent Nos.1 and 2 filed a supplementary‑affidavit dated 19.6.90 annexing some papers vide annexures 13, 14 and 15 to which the petitioners have given reply on 25.6.90 with annexu......ereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......e copies of some proceedings of the meetings of the Board of Directors where the petitioners No.1 and 2 were present. These are the sum total of the facts and circumstances of the case as well as the documents and papers filed by both the parties. 19. In the back‑ground of the aforesaid facts a..Category: Company Law | Date: | Hits: 233
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....unal prior to the filing of the Writ Petition, the instant writ petition is maintainable. In support of his contention the learned Advocate has cited a number of decisions but we shall refer only the relevant ones. He cited the case of the Presiding Officer Vs. Sadaruddin Ansari and others reported ......arisal was declared by the Government to be held on 5-10-92. The respondent No.5 was appointed as the Returning Officer for conducting the said election and he notified the dates of filing nomination papers, scrutiny of nomination papers and withdrawal of nomination papers respectively. On 1-9-1992 ...... High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M M Ruhul Amin J Mostafa Kamal………………Petitioner Vs. Chief Election Commissioner and others…………………Respondents Judgment August 19, 1997. Result: The Rule is......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ..Category: Election Law | Date: | Hits: 154
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
.... 2. At the time of issuance of the rule, operation of the impugned judgment and order was stayed initially for a period of 6(Six) months from date and later on it was extended till date. 3. Facts, relevant for the purpose of disposal of the rule in short are that the opposite party here as per-em......ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......ditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ..Category: Procedural Law | Date: | Hits: 88
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....tive on 1st May, 2004. Thus, on the day when the Artha Rin Suit was filed by the plaintiff-bank against the appellant, there was no bar upon it to charge interest as per the bank rate in vogue at the relevant time or on the terms of the contract between it and the appellant. By section 47 of the Ain......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......ain, Advocate-on-Record—For the Appellant. Mamunur Rashid, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent No. 2. None Represented—For Respondent Nos. 1 and 3-5. Civil Appeal No.176 of 2010. (From the judgment and Order dated the 8th day of April,......el Town, Dhaka (hereinafter referred to as the house). The appellant mortgaged the house in terms of mortgage deed registered on 6-5-1990 in favour of the Bank. The appellant also executed some other documents in favour of the Bank for securing the loan. The appellant obtained the loan with simple i..Category: Civil Law | Date: | Hits: 138
Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....on Case No. 30 dated 8.6.90 was started under section 15 of the Dangerous Drugs Act. The case was endorsed to PW 11 Md. Afzalur Rahman for investigation who was an ASI of Mirpur Police Station at the relevant time. He visited the place of occurrence, examined some witnesses under section 161 CrPC, s......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61.......…………………………Respondent Judgment November 1, 1993. Result: The appeal is allowed. Cases Referred to- Kitab Ali Talukder Vs. State, 28 DLR 128; Ismail Vs. Abdullah and another, PLD 1963 (WP) (Karachi) 161; SM Farooque alias Syed Farooque Vs. State, 28 DLR 192; Ash......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61...Category: Criminal Law | Date: | Hits: 81
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......offer form in a pre-bit meeting but quite silent about the plural phrases used in the contract agreement, in the heading of tender documents and in the heading of the financial offer form and another papers. It appears to us that learned arbitrators without considering the materials on record erro...... ......construction and delivery of 2(two) fast patrol boats for Bangladesh Coast Guard. Tender notice was published in the newspapers. 6(six) bidders participated in that tender. After purchase of tender documents, a pre-bid meeting was held between the Chittagong Port Authority (hereinafter referred to..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....case and demolishing the one set up his adversary. There is danger in some cases that the whole truth may not come out before the Court. The Judge in order to discover, or obtain proper proof of relevant facts, may exercise very wide powers indeed; but they all pivot upon the ascertainment of r......f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......ligatory according to law in dispensing justice because it is the duty of Court not only to do justice but also to ensure that justice is being done in order to enable the Court to find out the truth and render a just decision. The statutory provisions of section 540 of the Code are enacted where un......f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ..Category: Criminal Law | Date: | Hits: 97
Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....ed vegetable tanning extracts under HS Code No. 320.90 from India and obtained Clear Report Finding (CRF) certificate from the pre‑shipment agency. He submitted the CRF certificate along with other relevant document to the customs authority for release of the goods. The customs authority, on the o......h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458.......ourt Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Muzammel Hossain J Amjad Hossain……………………Petitioner Vs. Government of Bangladesh and others……………………Respondents Judgment June 24, 1998. Result: The petiti......h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458...Category: Fiscal/Taxation Law | Date: | Hits: 138
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....s to harass the petitioners they were compelled to file an application before the Hon'ble Chief Justice for redress which was sent to the District Judge, Narayanganj, where the complainant was at the relevant time posted as Subordinate Judge, for enquiry and the allegations made against the complain......he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ......s Case is also Reported in: 50 DLR (HCD) (1998) 456. ......he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ..Category: Criminal Law | Date: | Hits: 75
Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)
....rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453.......arket from long before the date of application for registration filed by opposite party No.1, that is, the only ground on which the present application has been pressed. 6. From the perusal of the papers filed it appears that the petitioner also applied for registration of their design and both t......etor of Khaleque Enginewing Works for cancellation of registered design No.00661 dated 4‑1‑89 in the name of National Fans Ltd. 2. The petitioners case, in short, is that, he is a manufacturer and seller of ceiling fans since 1990 and has been manufacturing and selling the same under the bran......rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453...Category: Intellectual Property Law | Date: | Hits: 257
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
....een called in question. By this order the learned Assistant Judge returned the plaint to the filing Advocate for the plaintiffs for filing afresh with correct valuation of the suit. 2. Short facts relevant for the purpose of the case are that, the petitioners as plaintiffs instituted the suit in ...... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451.......r his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451....... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451...Category: Procedural Law | Date: | Hits: 81
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......n) Present: SM Ziaul Karim J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Jessore………………………..Petitioner Vs. Rahima Begum and others...........................Opposite Parties Judgment December 18, 2008. Result: ......iff has proved his right, title and possession by producing the rent receipts and registered kabala deed before the trial Court and it is the definite findings of the Court of appeal below that those documents were proved by evidence. He adds that the learned Judge of the trial Court without conside..Category: Property Law | Date: | Hits: 98
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....is Matriculation certificate along with the affidavit dated 3-7-1963; that the affidavit was sworn on 3-7-1963 much before joining the service on 8-8-1966; that since the plaintiff did not inform the relevant Education Board for correction of his age as per affidavit dated 3-7-1963 showing his date ......o say now the date of retirement of the plaintiff will be calculated from 19-1-1941 as shown in his Matriculation Certificate of the year 1961, and the learned trial Court having considered all these papers and documents having decreed the suit, the learned appellate Court committed an error in law ...... 426. ......01; there was an audit enquiry in the school and it was found that the plaintiffs date of birth according to Matriculation Certificate is 19-1-1941, but the plaintiff did not show any corrected legal documents and in that audit report the date of birth was written as 19-1-1941 in the list of teacher..Category: Employment/Service Law | Date: | Hits: 158