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Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)

....ismissed with cost. 4. At the trial the plaintiff-Bank (respondent No. 1) examined as many as 4 (four) witnesses and only contesting defendant No. 3 examined in all 3(three) witnesses and both the parties exhibited a series of documents to prove their respective cases. 5. The learned Subordina...... জি.ডি এন্ট্রি করেছিল কিনা বলতে পারি না। PW-1, also stated in his cross-examination that he could not say anything as to whether any investigation was held in connection with the "B schedule" property. 14. PW-2, Abdus Salam Miah, ..

Category: Procedural Law | Date: | Hits: 107

Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)

....rrower ". It is noted that the Opposite Party and Borrower companies have common shareholders and directors. 3. Pursuant to Article 14 of the Loan Agreement, the Opposite Party provided a third party on-demand irrevocable and unconditional corporate guarantee in the form of a Guarantee Agreeme......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623.  ..

Category: Alternative Dispute Resolution | Date: | Hits: 222

Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....D’) issued under the signature of the respondent No.3 purport­ing to discriminate between the regular employees of Bangladesh Biman Corporation who were trans­ferred from the Cabin Facilities Department to the newly-established BFCC and the newly-recruited employees of BFCC should not be decla...... The Rule, therefore, fails.  Accordingly, the Rule is discharged without any order as to costs.  Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ..

Category: Employment/Service Law | Date: | Hits: 145

Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....iminal Miscellaneous Case No. 8962 of 2008. Judgment Md. Shamsul Huda J.- This rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the proceeding of Special Case No.5 of 2008 arising out of Tejgaon Pol......sted on 16-7-2007 in connection with another case being Gulshan Police Station Case No.34 dated 13-6-2007 by the Joint Forces and there­after she was shown arrested in this case on 31-12-2007, while investigation of the case was still going on and before submission of the police report. After holdi..

Category: Criminal Law | Date: | Hits: 126

Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)

.... dated March 31, 1975 passed in E.C. Case No. 14916 and this order was finally confirmed by another order dated June 16, 1975 by the Administrator after hearing the petition filed by Dudu Mia and the parties once again. Against the order of the Administrator an appeal was preferred by respondent No....... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108...

Category: Trust/Waqf Law | Date: | Hits: 188

Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)

....26 rule 9 of the Code of Civil Procedure for holding a local in­vestigation of the suit land. 2. The short fact that will be necessary for the disposal of the Rule is that, the plaintiff opposite party no.1 filed Title suit No.186 of 1987. On the objection of the defendants as to the valuation o......s north of the petitioner's land. The case was fixed for hearing of the temporary in­junction on 31.12.87 and on that date by the im­pugned order the injunction was allowed but the prayer for local investigation was disallowed. 3. The defendant being aggrieved by the order of refusal of local i..

Category: Procedural Law | Date: | Hits: 82

Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)

.... Control, Government of the People's Republic of Bangladesh, and others............Respondent (In both the Writ Petitions) Judgment August 28, 1997. Result: The Rules are made absolute-in-part. Cases Referred to- United States of America Vs. Iska W Carmack, 329 US 230-248 (91 Law E......d the counter assertion by the respondents as to participation of the people in the implementation of the project, thus, have become a disputed question of fact and this Court will not embark upon an investigation of the same in writ jurisdiction. Judicial review is generally not available for ascer..

Category: Environmental Law | Date: | Hits: 1051

Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)

....ding No.24/24 measuring 0.161/2 acre of land and SA Khatian 591/1, RS Khatian No.1024/468 measuring 0.07 acre totaling 0.235 acre of land. It is alleged in the plaint that the plaintiff performed his part of the contract by transferring his 25% share in the company, but the defendant did not perform......ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ..

Category: Civil Law | Date: | Hits: 65

Standard Manufacturing Company Ltd. Vs. Government of the People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....r import of 12 metric tons of Aluminum Container sheets of 3 different sizes for use as raw material for the PP Cap manufacturing industry of the petitioner and the term of letter of credit permitted partial shipment. The first consignment of 7 bags and second consignment of 12 bags and 3rd consignm......the above facts and circumstance we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 79. ..

Category: Fiscal/Taxation Law | Date: | Hits: 117

State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)

....ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......hether the blow was straight or slanting. He denied the suggestion that such injuries could be caused by falling over a sharp spade. 15. P.W.12 Md. Hamidul Islam, ASP, stated that he took over the investigation from P.W.13 SI Rafizuddin and after completing the investigation submitted the charge ..

Category: Criminal Law | Date: | Hits: 72

Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)

....site Parties. Civil Revision No.10054 of 1991 with Civil Revision No.10025 of 1991. Judgment MM Ruhul Amin J.- In both the Civil Revisions Rules were issued calling upon the opposite parties to show cause as to why the impugned judgment and order dated 12‑11‑84 passed by the lea......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118...

Category: Procedural Law | Date: | Hits: 70

Shahed Reza Shamim Vs. State, 1996, 25 CLC (HCD)

....Syed Abu Kawsar, Assistant Attortiey‑General-For the State. Criminal Miscellaneous Case No.2910 of 1996. Judgment Md. Tafazzul Islam J. - Let the supplemen­tary affidavit filed today form part of the revisional application. 2. This Rule was issued calling upon the Deputy Commissioner,......ve dao blow upon his hand and thereby accused caused grievous injuries upon his person. It appears that subsequently on 9‑12‑95 at 8-20 AM. the victim Masudur Rahman (Babu) died. The police after investigation submitted charge sheet against 10 accused persons including the petitioner. 4. Mr. ..

Category: Criminal Law | Date: | Hits: 74

Mohsin Hossain (Md.) Vs. Government of the People's Republic of Bangladesh, 1996, 25 CLC (HCD)

.... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ......o.4, Sub‑Inspector of Police, Modjheel Police Station asking the petitioner to produce its documents is under challenge. 2. Learned Advocate appearing for the petitioner submitted that though no investigation was pending against the petitioner he was illegally asked by respondent No.1 to produc..

Category: Criminal Law | Date: | Hits: 60

Jobon Nahar and others Vs. Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of the peoples republic of Bangladesh and others, 1996, 25 CLC (HCD)

....d others……………………………………………………………………………………Petitioner Vs. Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of the peoples republic of Bangladesh and others…………………………......96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect. Ed. This case is also Reported in: 49 DLR (HD) (1997) 108. ..

Category: Limitation Law | Date: | Hits: 175

Masum Ikbal (Md.) Vs. Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engineering University & others, 1996, 25 CLC (HCD)

....d illegal and without lawful authority. He further submitted that there was no allegation of copying by the petitioner in the examination and he was found guilty of possession of writings relating to particular subject of the examination on mere surmise and conjecture. The learned Advocate also cont......ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 104. ..

Category: Civil Law | Date: | Hits: 85

Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)

....6 of the Code of Criminal Procedure. There have been other incidentals points raised in this case which will be disposed of in course of the judgement. 3. The relevant facts are that, the opposite party No.2 Moulana Md. Yusuf an inhabitant of Gopalganj filed a petition in the Court of Magistrate ......n 196 or section 196A apply, the Chief Metropolitan Magistrate or a District Magistrate may notwithstanding anything contained in those sections or in any other part of this Code, order a preliminary investigation by a police officer not being below the rank of Inspector, in which case such police o..

Category: Criminal Law | Date: | Hits: 70

Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)

....n examined 9 P.Ws. while the defence examined 2 D.Ws. The defence case is one of innocence with assertion that the accused appellants have been falsely implicated out of grudge and enmity between the parties with further assertion that deceased Narisudin died by drowning as he had his throat fastene...... and also to pay a fine of Taka 3,000.00 in default to suffer RI for a further period of 6 months. 2. Prosecution case, in short, is that P.W.1 ASI of police Abdul Halim Mia was entrusted with the investigation of Rupganj PS Unnatural Death Case No.11 dated 29-9-88 and accordingly he went to vill..

Category: Criminal Law | Date: | Hits: 56

Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)

....ighas of lands were registered by sale deeds, entered into agreement for 70 bighas of land and negotiation was going on for transfer of 256 bighas of land. RAJUK by their memo No. RAJUK/Na Pa/6‑147 part‑2/261 dated 18‑7‑93 directed the petitioner No.1 to submit application in prescribed form......th the help and aid of the petitioner No.3, Senior Transport Superintendent, Bangladesh Television got those attested by officers of Bangladesh Television. 3. The Bureau of Anti‑Corruption after investigation submitted charge sheet against the petitioners under sections 420/467/468/471/109 of t..

Category: Criminal Law | Date: | Hits: 105

Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)

....r. On the follow­ing day the learned Magistrate after hearing the lawyers of the Second Party stayed the operation of his order till final hearing and decision. 3. As against that order the first party filed a motion in the Court of Sessions Judge for making a reference under section 438 of the ......nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150...

Category: Criminal Law | Date: | Hits: 69

Krishna Gopal Bhowmik Vs. Secretary, Ministry of Home affairs, Government of Bangladesh and others, 1978, 7 CLC (AD)

....assed by the Government on 27th August, 1976 under rule 5(1) of the Emergency Powers Rules 1975 failed. Facts need to be stated for disposal of the appeal are that the detenu, a lecturer in the Department of Physics, Dacca University, was arrested by the Police from his residence in the night of......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 145. ..

Category: Criminal Law | Date: | Hits: 103