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Displaying 2141-2160 of 7097 results.
Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)
.... from the date of publication of the SRO, that is, 22.5.1990. By a memo dated 13.1.1991 the Ministry of Agriculture directed BADC to implement the Service Regulations of 1990 cancelling the temporary provision of promotion based on viva-voce examination which was declared not in accordance with law.......stry of Agriculture directed BADC to implement the Service Regulations of 1990 cancelling the temporary provision of promotion based on viva-voce examination which was declared not in accordance with law. The Ministry of Agriculture directed BADC to consider promoting all concerned officials on the ..Category: Employment/Service Law | Date: | Hits: 144
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
.... 22.07.2002 and another order dated 27.08.2002 for keeping the subsequent petition under section 151 of the Code of Civil Procedure for consideration at the time of hearing. 14. Now let us see the provision of law under which party can be made in a partition suit. 15. Sub Rule 2 of Rule 10 emp......d to keep it pending for consideration at the time of hearing of the suit. 9. Mr. Abdul Quddus Miah, the learned Advocate for the petitioners submits that the learned Joint District Judge erred in law in rejecting the application for impleading the parties and the petition for amendment of the pl..Category: Property Law | Date: | Hits: 85
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ...... of 1987 (Ka‑1005‑Mirpur Sections 1 and 2) holding No.2‑E/5‑2‑Mirpur. Dhaka as contained in Annexure‑1 to the Writ Petition should not be declared illegal and having been made without any lawful authority and is of no legal effect. 2. The case of the petitioner, in brief, is that the ..Category: Property Law | Date: | Hits: 107
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
....y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......iting expert for examination and comparison with the admitted specimen signature of the accused‑appellant and for that purpose the case may be sent to the trial Court for retrial in accordance with law. 11. Of the 10 P.Ws., examined in this case, P.W.1 Md. Jashimuddin SI of Police attached to T..Category: Criminal Law | Date: | Hits: 88
Mostafa Vs. State, 2012, 41 CLC (HCD)
....erpur and it was registered as Special Tribunal Case No.18 of 2005. Charge was so framed against the accused person, the petitioner pleaded not guilty of the offence and demanded to be tried as per provisions of law. 4. During trial prosecution examined as many as 11 witnesses but the defence e......as registered as Special Tribunal Case No.18 of 2005. Charge was so framed against the accused person, the petitioner pleaded not guilty of the offence and demanded to be tried as per provisions of law. 4. During trial prosecution examined as many as 11 witnesses but the defence examined none. ..Category: Criminal Law | Date: | Hits: 59
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....s and the evidence of the victim D.W.1 overlooking her positive assertion that she was major and her age in the SSC Examination was shown by reducing her actual age to convict the appellant under the provisions of section 9(ga) of the Nari‑O‑Shishu Nirjatan (Bishesh Bidan) Ain 1995. 14. Afore......ion 2 of the said Ain the words প্রলুব্ধকরিয়া বা ফুসলাইয়া have not been defined. Section 361 of the Penal Code has defined the offence of kidnapping from lawful guardianship of a minor or a person of unsound mind and has used the word "Entices" in that s..Category: Criminal Law | Date: | Hits: 89
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....t Hossain Vs. Banque Indosuez, 18 BLD (1998) 291. 13. Mr. M Moniruzzaman Khan, the learned Advocate appearing on behalf of the petitioners of Civil Revision Nos.3542 and 1322 of 1995, submits that provisions of section 7 of the Artha Rin Adalat do not put a total embargo against the filing of rev......pecial legislation setting up a special Court the remedies will follow as provided therein and if there is any exclusion indicated therein, as in section 6, it will include a remedy under the general law." 18. And their Lordships in the Appellate Division dismissed the said appeal and thereby mai..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....rdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ......ndment, other materials on record and given my anxious consideration to their submissions. 11. Now the question calls for consideration whether the Court of appeal below committed any error of law resulting in an error in the decision occasioning failure of justice in passing the impugned ord..Category: Procedural Law | Date: | Hits: 114
Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
....ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......nsel then they found that accused namely Nesaruddin Mallick, Jahangir Mallick, Mosharaf Bepari, Selina Khatun, Kana Musa @ Moslem and Kalu Sheikh being armed with leza, Sarki, dao etc. forming an unlawful assembly forcibly entered into the char land situated at the eastern side of Tobna River appe..Category: Criminal Law | Date: | Hits: 78
....2 and Title Suit No.40 of 2004 before the Joint District Judge, Dhaka challenging the legality of the Arbitral Awards passed by the International Court of Arbitration. In this connection the relevant provisions of law are required to be referred to for having a better view of the dispute in question......iction of Courts
The jurisdiction of Courts is created by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to the litigation or of their lawyers…………(21)
Cases Referred to-
Bangladesh Chemical Industries Corporatio..
Category: Civil Law | Date: | Hits: 178
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....nother supplementary affidavit dated 3-5-2010 with new grounds that before issuance of warrant of arrest prior show cause notice was not issued upon the judgment-debtor-petitioner in violation of the provision of section 26 of the Ain as well as section 51 and Order XXI, rule 37 of the Code of Civil......the Bank under section 34(1) of the Artha Rin Adalat Ain, 2003 for issuance of warrant of arrest against the judgment-debtors and contending that Md. Harunur Rashid, Senior Officer of the Bank had no lawful authority to file the application on behalf of the decree-holder Bank and therefore, the appl..Category: Civil Law | Date: | Hits: 154
Mikasa Enterprise Vs. Government of Bangladesh, 2011, 40 CLC (HCD)
....has been prepared, i.e. Glassware and Tableware with (Soup, Bowl, Sets) on 14-8-2010. 7. After arrival of the goods at Chittagong Port and after compliance all the formalities and according to the provision of Customs Act, 1969 the petitioner prayed for releasing the goods to the Commissioner of ......per declaration of Table (invoice value) Invoice Value being No.PMK-020/2010 dated 14-8-2010 (as contained in Annexure-"D" to the writ petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Briefly the facts of the case, are that the petiti..Category: Fiscal/Taxation Law | Date: | Hits: 151
Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)
....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. ......ong convicting the appellant (sole accused) under section 19A and 19(f) of the Arms Act and sentencing him to suffer rigorousimprisonment for 10 years and 7 years respectively under those sections of law making the sentences to run concurrently. 2. The case arose out of a first information report..Category: Criminal Law | Date: | Hits: 84
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
.... of .06 acres of property from Cadastral Survey plot No.398 in Cadastral Survey Khatian No.68. 29. Trial Court exhibited the two deeds, Exhibits 6 and 7 without any proof and without compliance of provisions of Evidence Act in getting the documents admitted and exhibited. Documents which are not ......nd possessor of the property and, as such, got no authority to transfer the property in favour of Plaintiffs and their predecessors by deed dated 27.8.1975 and the three deeds did not stand operative lawfully. V. Deed of Defendant side could not be characterized to be erroneous in face of discrep..Category: Procedural Law | Date: | Hits: 155
State Vs. Rois Khan and another, 2009, 38 CLC (HCD)
....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. ...... there be such finding or prosecution failed to prove bring such evidence on record, then the conviction under table 1(kha) of section 19(1) of the Narcotics Control Act, 1990 is not sustainable in law and also on the facts of the given case. 7. Mr. Farhad Ahmed, learned Deputy Attorney-General..Category: Criminal Law | Date: | Hits: 112
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
.... 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. ......ore this Court and obtained the present Rule. 7. Mr. Md. Humayun Kabir Bulbul, the learned Advocate appearing for the plaintiff-petitioners submits that both the Courts below committed an error of law in passing the impugned judgments in failing to appreciatethe case of the respective parties in ..Category: Property Law | Date: | Hits: 100
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....he Negotiable Instrument Act provides protection to a banker receiving payment for a customer in good faith and without negligence. Section 131 of the Act reads as follows: "Subject to the provisions of this Act relating to cheques crossed "account payee" where a banker in good faith and ......ntest. The defendant preferred the appeal essentially on the grievance that as collecting bank it had done its business in good faith and without negligence thus is entitled to protection provided by law which is missed by the trial court. 3. The case set out in the plaint, in short, is tha..Category: Business or Commercial Law | Date: | Hits: 548
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....strate or a Magistrate, 1st Class prior to 09-02-2006 but by the Sub-section (C) of section 141 of the Negotiable Instruments Amendment Act, 2006 (Act III of 2006) was amended and thus substitute new provisions and made the same offence triable by the Court of Sessions in place of Magistrate 1st Cla......e contention of the petitioner is subject to prove and that the complainant categorically described the very arising out of cause of action having to ambiguity in it and therefore, there is no legal flaws in filing the case and the learned Assistant Sessions Judge, 2nd Court, Mymensingh on appreciat..Category: Criminal Law | Date: | Hits: 84
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....he authority to cancel the Export Registration Certificate. But some procedures have been incorporated in those three articles of the Order. Mr. Rafiq‑ul Huq submits that after complying with those provisions the Export Registration Certificate of the petitioners could be cancelled by the Controll......ification No.21 (95‑96)‑Import dated 24‑1‑96 (Annexure‑A) issued under the signature of Assistant Controller of Imports and Exports. Chittagong should not be declared to be void and without lawful authority and is of no legal effect and why respondent Nos.1‑4 should not be directed to ca..Category: Civil Law | Date: | Hits: 140
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....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. ......operty can only be attributable to her husband unless otherwise proved. But nothing is proved to the contrary. Mr. Goswami finally submits that the decree passed by the trial Court is well founded in law and on facts andthere is no cogent ground so as to justify interference by this Court in appeal...Category: Property Law | Date: | Hits: 107
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