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Mikasa Enterprise Vs. Government of Bangladesh, 2011, 40 CLC (HCD)
....titioner is at liberty to file review application before the Review Committee within 21 days as per provision of the PSI Rules, 2002. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 193. ......titioner is at liberty to file review application before the Review Committee within 21 days as per provision of the PSI Rules, 2002. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 193. ......titioner is at liberty to file review application before the Review Committee within 21 days as per provision of the PSI Rules, 2002. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 193. ..Category: Fiscal/Taxation Law | Date: | Hits: 151
Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)
....atisfaction of the Court. It follows, therefore, that the prosecution has failed to bring home the charges brought against the appellant beyond reasonable doubt. Learned Judge appears to have given a total go-by to the need for assessment of evidence in their legal and factual perspective and made......liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ......liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ..Category: Criminal Law | Date: | Hits: 84
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
..... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ......reate by transfer at different times rights in or over the said immovable property and such rights cannot all exist or be exercised to their full extent together each later created right shall in the absence of special contract or reservation binding the earlier transferees be subject to the previou....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ..Category: Procedural Law | Date: | Hits: 155
State Vs. Rois Khan and another, 2009, 38 CLC (HCD)
.... presence of the witnesses, they recovered 118 packets of Lux soap, wrapping with polythin paper from the two traveling bags and in each packets of Lux soap contained minimum 200 gms. of heroin, in total, in 118 packets, 23,600 grams of heroin and another paper packet about 500 grams of loose hero......e possession the heroin was recovered. It is in evidence that from the four luggages the heroin was recovered but there is no evidence that the said four luggages belonged to Alefzan or Rois Khan. In absence of any evidence as to the luggages belong to who, it is safely concluded that the luggages b......our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ..Category: Criminal Law | Date: | Hits: 112
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
....ng failure of justice as such, the same are liable to be set aside. He next in the course of argument after placing the materials on record submits that the judgments of two Courts below are based on total non-consideration of the materials evidence on record and the findings of the Courts below a...... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ...... learned Advocate finally contends that since there being a total non-consideration of the material evidence on record both oral and documentary it is incumbent of this Court sitting under revisional jurisdiction to consider the same in order to arrive at a proper finding on the basis of the materia..Category: Property Law | Date: | Hits: 100
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
.... account shall be opened without having suitable introduction from a respectable party known to the bank/ current account holder/bank officer." 23. The defendant bank appears to have given a total go-by to the instructions of its own Operation Manual in opening the disputed account. And it ......doubt section 131 of the Negotiable Instruments Act provides protection to a collecting bank for payment received for his customer bonafide or without negligence but the onus of proving good faith or absence of negligence as contemplated by the section is on the banker claiming protection under the ......t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ..Category: Business or Commercial Law | Date: | Hits: 548
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ......nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ......agistrate, 1st class cognizance Court Mymensingh before the amendment of subsection (c) of section 141 of the Negotiable Instruments Act 2006. Assistant Sessions Judge, 2nd Court. Mymensingh has no jurisdiction to try the case. 20. In this connection we may refer the decisions reported in the c..Category: Criminal Law | Date: | Hits: 84
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ......Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ......gation, in favour of the petitioners and that file of the Anti‑Corruption stood closed. It is submitted that cancellation of the Export Registration Certificate is arbitrary and illegal and without jurisdiction. It is further submitted that at the instance of the higher authority, the Controller o..Category: Civil Law | Date: | Hits: 140
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....oney, as she did earlier, on her treatment, maintenance of family and on arranging different religious ceremonies for the spiritual benefit of her husband. 11. The defendant No.1 thus purchased in total 0.60 acre land from the suit plots by three registered sale deeds and has possessedthe land ev......ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......nction filed by the respondent, restraining her from disposing of the land on the ground that she took only limited estate in the suit land. Subsequently in the instant suit another Court of original jurisdiction again adjudged the defendant No.2 as a limited owner of the suit land and found her not..Category: Property Law | Date: | Hits: 107
Shasha Textiles Ltd. Vs. Registrar, Joint Stock Companies & Firms, 2010, 39 CLC (HCD)
.... Anjuman-e-Mofidul Islam, Office at Kakrail, Dhaka, and on furnishing receipt of payment the order may be drawn up, if so prayed for. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 173. ...... Anjuman-e-Mofidul Islam, Office at Kakrail, Dhaka, and on furnishing receipt of payment the order may be drawn up, if so prayed for. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 173. ...... Anjuman-e-Mofidul Islam, Office at Kakrail, Dhaka, and on furnishing receipt of payment the order may be drawn up, if so prayed for. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 173. ..Category: Company Law | Date: | Hits: 132
Jesmin Ara Vs. Md. Abdul Karim, 2010, 39 CLC (HCD)
....f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ......f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ......standing salary and other benefits worth of Taka 1,34,259. 3. In suit, the defendant sought to return the plaint under Order VII Rule 10(1) CPC for its presentation to the appropriate Court having jurisdiction which was rejected by trial Court and affirmed in Revision by the impugned order. Hence..Category: Procedural Law | Date: | Hits: 122
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ..Category: Civil Law | Date: | Hits: 144
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....of minor rental share of a single member, even if true, cannot be a ground of appointment of receiver. A plain reading of the impugned order ipso facto suggests that the learned judge passed the same totally unconcerned about the utterly senseless dislocation that may follow in the management of fam...... this case is contrary to the case of the contesting defendants. Defendant No.13 has directly denied the plaintiff's claim that he is a co-sharer of the property under any of the schedules. And the absence of direct denial in the written objection by defendant Nos.1-4 is fairly attributable to poo......is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ..Category: Civil Law | Date: | Hits: 126
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
.... the weighment of firewood including the cart No.30 to be 23 maunds but due to rush the petitioner heard it to be 27 maunds and recorded the figure 27 maunds in the tally khata, as a result the gross total figure did not tally with others Meanwhile the assistant security officer brought the cart No.......f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ..Category: Labour and Industrial Law | Date: | Hits: 182
Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
....he petitioner were considered for promotion by the promotion committee. All the SPOs except petitioner obtained qualifying marks in the interview. Petitioner obtained 17.66 marks in the interview and total marks obtained by him is 68.42 including the marks obtained by him in the interview. But each ...... ultra vires to the service Rules and BSRS Order. It is stated that the marking system needs to be introduced with the approval of the Government and after publication in the official gazette. In the absence of approval of the Government and publication in the official gazette the introduction of th......t Nos. 9 and 10 by filing another affidavit-in-opposition. Common ground taken by the two groups of respondents is, that writ petition is not maintainable as the Administrative Tribunal has exclusive jurisdiction in the matter. All the material allegations, made in the writ petition have been denied..Category: Employment/Service Law | Date: | Hits: 194
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
.... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ...... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ...... the Republic." 15. He has further argued that in furnishing the report on the antecedent of the petitioner, the police have gone beyond the terms of reference. They have neither the power nor the jurisdiction to recommend either for or against a person as to his fitness or eligibility to be appo..Category: Employment/Service Law | Date: | Hits: 194
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
....fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......reful consideration of the evidence, attending circumstances and materials on record we are constrained to hold that this case has been made pregnant with the legends of surmise and conjecture and in absence of sufficient reliable evidence the dubious evidence as adduced by the prosecution in this......fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ..Category: Criminal Law | Date: | Hits: 98
Ali Hossain and others Vs. State & others, 1984, 13 CLC (HCD)
....o be Additional Sessions Judge, Patiya, Chittagong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ......o be Additional Sessions Judge, Patiya, Chittagong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ......s Judge under sub-section (1) of section 439A constitutes no bar to the person against whom an application for revision was filed under sub-section (1) of section 439A." This Court, therefore, has jurisdiction under section 439 Cr.P.C. to entertain the present application against the impugned ord..Category: Procedural Law | Date: | Hits: 130
Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)
....udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ......udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ......rd to possession. The consideration of the document of title was therefore merely incidental for determination of the question of possession and the learned Magistrate cannot be said to have no jurisdiction to consider these documentary evidence for coming to a finding about possession. The fi..Category: Procedural Law | Date: | Hits: 116
....n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
......n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
......n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
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Category: Constitutional Law | Date: | Hits: 237
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