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Shahjahan Vs. State, 2011, 40 CLC (HCD)
....e surrendered before the Tribunal below on 14-1-2008. That being so, he could not avail, himself of the forum of appeal as postulated by section 30 of the Special Powers Act, 1974. Finding no other alternative, the petitioner approached the High Court Division with the instant application for quas......er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....ion as well as in the concise statement filed by the appellant, no such point has also been taken. 19. In similar way, the maintainability of the writ petition on the ground of availability of the alternative efficacious remedy before the Administrative Tribunal was also neither taken in the affi......tioners, cannot create any bar in deciding the merit of the claim of the petitioners. 16. In so far as ground. Nos. II, III and IV are concerned, it appears that Rule was issued as per term of the prayer made in the writ petition calling upon the writ-respondents to show cause as to why responden..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......ard on 27th September, 2009 and 28th September, 2009, and the case was fixed on 4th October, 2003, on which date, state filed an application for the re-examination of P.W.11. The Tribunal allowed the prayer and he was reexamined on 7th October, 2003. He was declared hostile by the prosecution and in..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
....ration of which alone the Court exists. “10. The inherent jurisdiction should not be invoked where some other remedy is available. The jurisdiction given by section 561A is neither an alternative jurisdiction nor an additional jurisdiction but it is a jurisdiction preserved in the in...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......d in respect of the aforesaid certificate case. Thereafter, Sachindra Mohantha, Rosomoy along with Abdul Hashem filed a joint application giving rise to Miscellaneous Case No.2 of 1973-74 with a prayer for setting-aside the aforesaid sale and in the said Miscellaneous proceeding 2 of 1973-74 th..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......t a case of suicide but murder. At 2-00/2-30 PM one brother and uncle-in-law of deceased visited there but husband did not come. They informed that the victim committed suicide. At 8-00 PM janaja prayer was held but no accused were present, even her children were not allowed to come. Then they b..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......h the direction of this Court the appellant surrendered before the learned Chief Judicial Magistrate, Feni on 15-4-2009 in connection with Feni P.S. Case No.17 dated 18-2-2003 and he also made a prayer for bail which was rejected by the learned Judicial Magistrate, Feni by his order dated 15-4-..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....applied to the BTRC for allocation of licence for frequency in the UHF Band but it deliberately avoided to accord the licence as required. In such a situation, the appellants, finding no other alternative, filed Writ Petition No.7999 of 2002 before the High Court Division praying for a direc......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
.... date of knowledge of the ex-parte order will be relevant when the summonses of the pre-emption miscellaneous case were duly served upon the pre-emptee-petitioners and the Court will have no other alternative but to set aside the ex-parte order if it is found that the summonses of the case were......red post; on 08.08.1996 the pre-emptee-opposite party No.1 through his lawyer prayed for time on behalf of all the pre-emptee-opposite parties for filing written objection and the Court allowed the prayer; subsequently as the pre-emptee-opposite parties did not file any written objection, the ca..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
.... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ......but the petitioner did not take any step for payment of the cheque amount, as such he filed the case. 5. The petitioner voluntarily surrendered before the Chief Judicial Magistrate, Naogaon with a prayer for bail on 6-7-2009 and on the same date he was enlarged on bail. 6. As per the provision..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: .......2.2010 to its number and file. 4. After the restoration of these suits the plaintiffs of all the suits made amendment of the plaint, through the application dated 26.4.2010, to include a further prayer for a decree to be passed for “an amount payable as on 15th June, 2000 with compensation pa..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)
....not call for any interference by this Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ......to 23.5.2006 with the prior permission of the Board of DESA. On 15.06.06 the respondent No.1 writ petitioner formally applied to DESA for considering him for one-step-out-of-turn promotion. But his prayer was not granted nor was he told about the outcome of his prayer. On 28.8.07 the writ petiti..Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....171 of 2007, the High Court Division observed that the filing of several cases even after submission of final reports by the police is not a ground for quashing a proceeding and that in presence of alternative remedy, the writ petitions are not maintainable. In Writ Petition No.10164 of 2007 the ......ission of cognizable offence and they cannot, reasonably, have reason so to suspect unless the FIR, prima-facie, discloses the commission of such offence." Even then, the Supreme Court refused the prayer for returning the seized documents of the firm observing "The state Government, the Centra..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
.... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ......ration of title, confirmation of possession and perpetual injunction moves this petition against a judgment and order of the High Court Division which affirmed that of the trial Court rejecting its prayer for temporary injunction pending disposal of the Suit. 2. Petitioner, a Private Limited..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......s decreed for the full claim with interest at the rate of 6% per anum from the date of filing till the date of decree. The respondent No.1 thereafter filed Miscellaneous Case No.07 of 1991 with the prayer for setting aside the ex-parte decree. The petitioner filed an objection in the miscellaneous..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......s decreed for the full claim with interest at the rate of 6% per anum from the date of filing till the date of decree. The respondent No.1 thereafter filed Miscellaneous Case No.07 of 1991 with the prayer for setting aside the ex-parte decree. The petitioner filed an objection in the miscellaneous..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....: The plaintiffs filed Title Suit No.78 of 1989 in the Court of Assistant Judge, Magura against the defendants for declaration of title and recovery of possession of the suit land or in the alternative for partition. Alter contested hearing, the suit was decreed in terms of the judgme......ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ......I Rule 1 In drafting the plaint the learned Advocate for the plaintiff appellant did not notice the schedule of the deed and drafted plaint as if there is no defect in the cause of action; no prayer was made to challenge the deeds of the defendants claiming title proper genealogy of driving..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ......nd proper.” 2. Human Rights and Peace for Bangladesh, a non governmental organization has mooted this petition to project the melanchoni that River Buriganga has been swamped by, with a prayer to seek our resolute and impassioned intervention to salvage this visibly ravaged life line ..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37