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A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ...... from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ......cases asserted the provisions of section 138A of the Negotiable Instrument Act (as amended on 09.02.2006) mainly on 3 (three) counts. Firstly, that the statutory law must be comprehensive in its nature and should provide adequate provision in respect of trial and appeal but the provisions of se..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ......thin 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ......ctive cases asserted the provisions of section 138A of the Negotiable Instruments Act (as amended on 9-2-2006) mainly on 3 (three) counts. Firstly, that the statutory law must be comprehensive in its nature and should provide adequate provision in respect of trial and appeal but the provisions of se..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ......no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ......ef Justice on 27.8.2000. Annexure-D manifest that the Ministry of Law upon receiving such approval of the Hon'ble Chief Justice, issued the order of suspension of the petitioner under the signature of Senior Assistant Secretary, to be effective during the pendency of the departmental p..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
.... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ...... Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ...... agreement capable of being enforced by the Petitioner No. 1 in particular, must instead be read as a mere confirmation of a previous set of oral agreements, such confirmation being evident in the signatures appended to the agreement by those concerned including the Respondent No.2. In this regard, ..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ithout any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 249. ......r by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 249. ...... Ltd. but ignoring his earlier decision and ignoring legal consequence of section 18(8) of the Ain, 2001 the appellate authority most illegally rejected the appeal which is absolutely arbitrary in nature. 7. He further contended that the Law Ministry categorically passed opinion that the f..Category: Others | Date: 27 Nov, 2008 | Hits: 4
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
....acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......CR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......nt of the legislature. So the intention of the legislature is the governing and regulating factor, which has to be gathered not only from the phraseology of the provision, but also by considering its nature, its design, scheme and the consequences which would follow from construing it in one way or ..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
....endants in general,
and the defendant Nos. 1 and 2 in particular, submit their Written Statements
positively by 4-1-2009.
Ed.
This Case is also
Reported in: 61 DLR (HCD) (2009) 244. ......61 DLR (HCD) (2009) 244. ......ying that a club does not agree to pay insured losses
directly to the third parties suffering such losses in consequence of the acts
of an insured member for which the member is liable. Rather, the nature of such
indemnity insurance is that the insured member must first satisfy the third
party c..
Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17
....or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.
Farid Ahmed J.- I agree.
This Case is also Reported in: 61 DLR (HCD) (2009) 371.
......elow shall proceed as usual.
Farid Ahmed J.- I agree.
This Case is also Reported in: 61 DLR (HCD) (2009) 371.
......esult:
1) Tested males are paternally related.
2) The tested males are not paternally related.
The result of such test is taken to be infallible.
Because of unique nature of this case, we would like to extract the DNA test report as under:
“National For..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ......ation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ......d USA. He submitted that there was no necessity which rendered immediate action by the President to make the Ordinance. Power under Article 93 is very limited for the executive, which is transient in nature. This is a residual legislative power delegated by the Constitution to the President. 53..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....y the Department of Social Services. With the above observations and directions the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ......above observations and directions the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ......on 83 provides as follows: “83. Nothing is an offence which is done by a child above nine years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequence of his conduct on that occasion.” 13. In the face of such legislation it..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
.... of the either of the parties. The office is directed to send a copy of this judgment to the court below immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ....... Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ......bmitting that no such revisional forum has been provided for in the Act which was enacted to see the rapid and quick implementation of the award given by the arbitrators keeping in view the nature of the transaction being commercial. Mr. Amirul Islam further submitted that if the provision..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....h any other case. Send down the lower Court's records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ......records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ......here is clotted blood present in the frontal region. According to his opinion, cause of death was due to shock and hemorrhage as a result of the above injuries which were ante mortem and homicidal in nature and caused by sharp cutting weapon. Exhibit-1 is his report and Exhibit-1/1 is his signature...Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)
....sult, the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ......rder of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ......d facts, most illegally without applying judicial mind passed the impugned ex parte decree against the petitioner City Bank Ltd in a sweeping manner which is not only illegal but also cryptic in nature and, as such, the same is liable to be struck down. 7. Secondly, he submits that no loan..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
....terfere with the findings of the Labors Court. In the result, the Rule is discharged however, without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ...... result, the Rule is discharged however, without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ...... a case made out to that effect." 12. On careful consideration of the instant case, it is our view that the case cited by Mr. MA Mannan, the learned Advocate of the petitioner, is not similar in nature as in the instant case. In the instant case, we have already noticed that Labors Court did no..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ...... the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ......uise measuring 1" x 1" on the back and one scratch abrasion on the right mandibular angle. He opined that death was due to asphyxia resulting from strangulation which was ante mortem and homicidal in nature. 11. P.W.2 Amena alias Kala Buri is the informant and mother of the deceased. She stated..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ......9;s record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ......ioned here that before the appellate Court the opposite party also submitted an application under Order XXXIX, rule 7 of the Code of Civil Procedure for holding local inspection to ascertain the nature of the land under pre-emption and accordingly, an Advocate Commissioner was appointed who sub..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
Unilever Bangladesh Ltd. Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....s manufactured by the petitioner company as mentioned in both the Writ petitions. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 156. ......it petitions. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 156. ......edies in such circumstances are alternative but not efficacious ones rather causing regular damage to the local industry as well as causing loss to the revenue which, in our view, is irreparable in nature. 9. The other provisions namely, the application under the Trade Marks Act, etc. though..Category: Fiscal/Taxation Law | Date: 11 Jun, 2008 | Hits: 9
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ......8) A.K.M. Golam Boholul, Son of late Abdul Aziz Ahmed 572, 2nd Floor, Uttar Shahjahanpur, Dhaka-1217 and another.......................Petitioners (In Matter No.10 of 2008) Md. Salim Hossain, Son of Md. Giasuddin Howlader, 58/4 North Manik Nagar, Dhaka-1203 and another.......................ission in that the decision at the BOD meeting on December, 2007 to maintain the Record Date of 25.9.2005 reflects at best a discretion permitted by law. The exercise of such discretion by its very nature exposes, or nevertheless subjects, the same to be gauged against objective standards to t..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ......t Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ......le sale market for vegetables has been functioning. Plot No.5003 is contiguous to plot No.4805. All of a sudden, the petitioner came to know about the service of a notice dated 12.7.2007 under the signature of respondent No.6 on behalf of respondent No.7 under section 3 of The Requisition and Acquis..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
.... authority and as such, of no legal effect and accordingly, quashed so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 1. ......, quashed so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 1. ......facts, no offence was disclosed against the petitioner either under section 26 or 27 of the ACC Act, 2004. 21. Rule 15ঘ(5) of the EP Rules, 2007 has also created an offence of exactly the same nature as under section 26 of the ACC Act, 2004. Under sub-rule (1) of rule 15ঘ, during any action..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
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