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Akhter Hossain (Md.) Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ping documents for release of the goods imported by another person and that in the name of spare parts 791 pieces of gold bars were recovered and on enquiry by Customs Department found the Petitioner totally innocent and unconnected with the aforesaid import. The enquiry report (Annexure C) states a......roup-2 and Inquiry Officer, Customs House, Dhaka and withdraw the suspension order of license. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 82. ......roup-2 and Inquiry Officer, Customs House, Dhaka and withdraw the suspension order of license. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 82. ..Category: Fiscal/Taxation Law | Date: | Hits: 166
Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)
....been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ......nÂdered to the process of the Court could not file any application or put his grievance before a Court of law, far less before the Appellate Division of the Supreme Court of Bangladesh. Thus, in the absence of any surrender before the process of law, the Court of law is incompetent to issue any ord......of the process of jusÂtice in order to claim right of audience against the process of the Court issued against him." 5. In that decision, it was also observed in paragraph 16: "16. Even in our jurisdiction this principle is always adhered to and was never deviated from, as because this conven..Category: Criminal Law | Date: | Hits: 99
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......e circumstances recounted by learned counsel in no manner advance the case of the respondents that the subsequent vendee had no notice. The onus probandi of the issue was on the defendants and in the absence of any evidence the issues remain unproved, with the result that the absence of notice part ......side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ..Category: Property Law | Date: | Hits: 119
....r of resignation was tendered to and accepted by the editor (petitioner No.1), but the respondent No.2 was not paid his gratuity, leave salary, unpaid pay and arrears amounting to Taka 2,94,480,00 in total in spite of his written request/demand dated 2‑12‑9 1, hence he filed the case under the p......ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 606.
......nt No.2 and can be secured under section 15(2) of Act IV of 1936, as modified by Act XXVII of 1980.
In fine, we find no merit in this case. This Labour Appellate Tribunal has acted well within its jurisdiction, as such, no interference is called for. Accordingly, the Rule is discharged with cost ..
Category: Labour and Industrial Law | Date: | Hits: 215
Md. Rajib alias Azad Khan Rajib Vs. State, 2011, 40 CLC (HCD)
....r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ......r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ......r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ..Category: Criminal Law | Date: | Hits: 98
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....ioner's homestead. It is the further case of the petitioner that the Property mortgaged by mortgage deed No. 6346 dated 21.8.1997 did not disclose any boundary but simply disclosed plot and area. The total area of plot No.89 measures 41 deciÂmals out of which 20½decimal was shown to have mortgaged......pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ......pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ..Category: Civil Law | Date: | Hits: 112
Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ...... therefore, no access to them." 19. In another case of Philips Electrical Company Vs. The Commissioner of Taxes reported in 45 DLR 190 a Division Bench of this Court held as under: "Conspicuous absence of reference in the circular about the authority on the strength of which the circular is is......ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ..Category: Civil Law | Date: | Hits: 130
Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....s election by the Bank on 26-8-2008, was not done at the instance of either the instant accused-petitioner, or at the instance of any other accused of the said complaint case. As the MoU has remained totally in abeyance of any use, so there is no question of anyone taking any advantage through its u......rder passed in this case stands vacated. Let a copy of this Judgment and Order be transÂmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......rder passed in this case stands vacated. Let a copy of this Judgment and Order be transÂmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ..Category: Criminal Law | Date: | Hits: 100
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......nnocent persons are subjected to the rigorous and expenses of a full scale trial. 21. The Role of High Court Division is to see whether things are done rightly. High Court Division by its inherent jurisdiction can impart justice and can also eliminate injustice. This Division is empowered to see ..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
.... that the invitation for re-tender dated 15-4-2008 is illegal and without jurisdiction because the petitioner being the second highest tender is entitled to have the award. He further submits that in total disregard to the findings of the review panel, invitation for tenÂder was published in the Da......t Nos.2 and 3 are beyond the pleadings. Proof of violation of the Regulations as alleged by the Respondent s are depended on certain facts which must be pleaded in the affidavit-in-opposition. In the absence of such plea in affidavit in opposition this submission should not be entertained. Regula......after cancelling the tender process. 8. Mr. Mahmudul Islam, learned Advocate appearing on behalf of the petitioner, submits that the invitation for re-tender dated 15-4-2008 is illegal and without jurisdiction because the petitioner being the second highest tender is entitled to have the award. H..Category: Others | Date: | Hits: 127
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....from his wearing and 20 packets were found kept concealed inside the jacket in a scrupulous way by using scotch tape. Each of those packet was found to have contained 8 gold bars of 10 tolas each. In total 160 gold bars of 1600 tolas worth Taka 1,28,00,000.00 were recovered and were seized under a p......sion, like the one which is not retracted, may form the sole basis of conviction of its maker. But as against a co‑accused, the evidentiary value of a retracted confession is practically nil and in absence of strong independent evidence it is totally useless." 24. He next refers to the case of ......pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ..Category: Criminal Law | Date: | Hits: 100
Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)
.... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ...... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ...... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ..Category: Property Law | Date: | Hits: 97
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....volver bearing No.361 made in Pakistan with 5 live bullets and one empty case of 0.32 bullet, two bundles of currency notes of 500 Taka denominations each containing 100 notes, one bundle of 100 Taka totalling Taka 10,000.00, four bundles of 50.00 Taka notes, 10 bundles of 10 Taka notes, 5 bundles o......d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......ntention or suppressing evidence and, as such, the framing of the charge and her prosecution would be an abuse of the process of the Court and continuation of the proceeding against the petitioner in absence of legal evidence would cause wastage of time, energy and harassment to the petitioner. 5......used and record the reasons for so doing." Now the law is settled by our judicial pronouncement of this Court that this Court under section 439 of the Code of Criminal Procedure having supervisory jurisdiction can scrutinise and go into facts to examine the propriety of the impugned order passed ..Category: Criminal Law | Date: | Hits: 107
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....pondents 'as shareholders-directors in general and the Respondent No.2 Managing Director and the Respondent Nos.3 and 5 in particular appear to have diverged. It being an essential compoÂnent of the total quotation price of the Contractor that all building materials would be purchased by the Contra......nfirmed that the revised audit reports have indeed been antedated and that these shall eventually be placed before an AGM as and when duly called and held, that does not necÂessarily detract from an absence of any reaÂson or material before this Court to satisfy that the revisions were indeed legi......der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ..Category: Company Law | Date: | Hits: 177
Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
....the Minister, Water Resources as it appears from the memo dated 13.7.2000 of the respondent No.1 marked Annexure-Y to the affidavit-in-opposition on behalf of the responÂdents but the petitioner has totally suppressed this fact in his writ petition. 11. The order dated 9.3.99 marked Annexure-C s......002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ......002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ..Category: Employment/Service Law | Date: | Hits: 166
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
.... and the defence did not adduce any eviÂdence on their behalf. 7. The defence case as it transpires from the trend of cross examination of the P.Ws. and the suggestions put forward to them is the total denial of the case. The defence case, inter alia, is that they have been falsely impliÂcated ......e set at liberty forthÂwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......e set at liberty forthÂwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ..Category: Criminal Law | Date: | Hits: 108
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
.... injury: Burn by corrosive agent ð Nature of injury: Mixed Burn mostly deep ð Area involved: About 20.5% of total body surface area ð Name of involved area: â€......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ..Category: Criminal Law | Date: | Hits: 103
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......ck of the plaintiff without legally removing him (plaintiff) from the office of the Nika Registrar and as such the appointment of the defendant No.1 as Nika Registrar wholly illegal, void and without jurisdiction. It has been further alleged in the plaint that the Chairman of the Local Union Parisha..Category: Civil Law | Date: | Hits: 112
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ......ular character of the property and its complete dedication to charity (Ref. 11 DLR 377). In such circumstances the learned Munsif should not have at once disbelieved the alleged fact of dedication in absence of a document in writing without giving the plaintiff an opportunity of proving the fact of ......d may postpone even the settlement of issues of fact until the disposal of the said issue of law. The compliance with this rule is particularly obligatory when the issue of law raises the question of jurisdiction of the Court to try the suit, as is in the present case." 16. It has been further ob..Category: Property Law | Date: | Hits: 113
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