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Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)

....serves the right to bring the matter within the purview of section 417 A (2) of the Code of Criminal Procedure which run as follows: "Section 417 A.- Appeal against inadequacy of sentence (1) The Government may, in any case of conviction on a trial held by any Court, direct the Public Prosecutor......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311...

Category: Criminal Law | Date: | Hits: 60

Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)

....lam Howlader..........................................Opposite Parties. Judgment October 31, 2004. Cases Referred to- Indomoti Howlader Vs. ADC and others, 50 DLR 444; Delwar Hossain Vs. Government of Bangladesh and others, 50 DLR 494; HM Saya and Co Vs. Wajir Ali Industries Ltd and Hab......ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53...

Category: Property Law | Date: | Hits: 81

Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)

....on dated 19th July, 2003 upon report section 27(1) of amended Ain as above by police officer not below the rank of Sub-Inspector of Police or upon report by any other officer authorized in law by the Government. 22. The argument advanced on behalf of accused-petitioner is that said required repor...... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ..

Category: Criminal Law | Date: | Hits: 48

Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)

....circumstances of the case, could permit the complainant's Counsel to conduct the proceedings on his behalf under his directions. 29. Alternatively, and that may meet the situation more adequately, Government, in the interest of justice, could notify the complainant's Counsel as special public pro......le further proceedings of both Sessions Case 28/2001 and Sessions Case 57/2000 were stayed for 3 months. Subsequently, above order of stay was allowed to continue until further direction. 3. After service of notice opposite parties Nos. 2-4, 6-10 namely, Ainuddin Joarder, Chand Ali Mondal, Moyenu..

Category: Criminal Law | Date: | Hits: 41

Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)

....of the top 10(ten) news papers which has got the highest circulation in the country. The figure of circulation can very well be obtained from the Publication and Information De­partment (PID) of the Government. These steps would ensure due diligence in the ser­vice of summons from the office of th...... summons and postal acknowledge­ment receipt was fixed on 29.06.2003. Order no.3 dated 29.06.2003, Order no.4 dated 5.08.2003, Order no.5 dated 20.08.2003 and Order no.6 dated 14.09.2003 speak about service of summons but do not show as to whether summons were served or returned unserved. Nothing h..

Category: Civil Law | Date: | Hits: 102

Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)

....aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......use from appearing when the suit was called out for hearing, the court will set aside the decree passed against him and appoint a day for proceeding with the suit. 23. In this case the question of service of summons does not arise as the defendant appeared himself and contested the suit. Now, the..

Category: Property Law | Date: | Hits: 115

Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)

....of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ......f the wife. 22. A talaq not coupled with notice to the chairman of the union or paurashava will not operate as a valid talaq. A divorce thus given by the husband is not effective on account of non service of notice under the Ordinance and not having been established by him to have been given to t..

Category: Family Law | Date: | Hits: 184

State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)

.... Head of the Magistracy in the District and Mostafa Kamal, Superintendent of Police, Sylhet was holding the office of the Head of Police Force in the district and both are responsible officers of the Government and it is the responsibility of both of them to comply with the orders passed by this Hon......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267...

Category: Civil Law | Date: | Hits: 1272

MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)

...., 1997 contains various provisions in respect, of filing of the plaint and also the procedures to be adopted for disposal of a suit filed under the Act. Section 117 of the Bankruptcy Act empowers the Government to make Rules for giving effect to the provisions of the Act. Accordingly Bankruptcy Rule......000 under Rule 11 of the Bankruptcy Rules, 1997 and section 28(1) of Bankruptcy Act, 1997 for rejection of the plaint in Bankruptcy Case No. 6 of 2000 mainly on the following grounds:- (a) absence of service of formal demand by the plaintiff; (b) the plaintiff is not an eligible creditor; (c) the su..

Category: Civil Law | Date: | Hits: 131

Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)

....ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75.......he Appellant stated that under the provisions of the Article No. 178 of the Limitation Act, 1908 an award must be filed in Court for making the award Rule of the Court within 90 days from the date of service of the notice of making the award. The plain­tiff-respondent then filed Title Suit No.158 o..

Category: Alternative Dispute Resolution | Date: | Hits: 187

Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)

....upreme Court High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Md. Fazlur Rahman J Abi Abdullah (Md.) and others……………..Petitioners Vs. Government of Bangladesh represented by the Secretary, Ministry of Land & others..…………â€...... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ..

Category: Property Law | Date: | Hits: 99

Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....ivision (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Syed Refaat Ahmed J Abdur Razzaque Zoarder and others…………………………………Petitioners Vs. Government of Bangladesh and others………………………………Respondents. Judgment N......er order or orders passed as to this Court may seem fit and proper. 2. It is the case of the five petitioners that upon obtaining their Diplomas in Engineering (Civil) they variously joined in the service of the Bangladesh Water Development Board (hereinafter referred to as the BWDB) as Sub-Assis..

Category: Employment/Service Law | Date: | Hits: 79

Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)

.... that the class of the land is "Kanda" land and other relevant documents also show that the land is "Kanda." As such, the land in question cannot be "Chandina" land within the periphery of any Bazar. Government also never declared the land as Bazar. It is further stated that the appellate Court belo......th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ..

Category: Property Law | Date: | Hits: 91

Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)

.... 3% of the bid money as income tax within 7(seven) days from date of issue of such order, failing which his/their offer shall be liable for rejection including forfeiture of the security money to the Government without further notice." "(6). If fresh auction is invited for those materials for an......o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ..

Category: Business or Commercial Law | Date: | Hits: 209

Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)

....ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ...... this Court on the ground that although the petitioner was relieved from the post of Vice-Chancellor, he was re-posted as Professor in the Department of Chemistry and hence, there was no severance of service and the issuance of show cause notice was not necessary. 18. In light of the discussion m..

Category: Property Law | Date: | Hits: 66

Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)

....tor of the petitioner company and the petitioner Nos. 3, 4, 5 and 6 are the Directors of the petitioner company. The petitioner company was nationalised under the policy of the nationalisation of the Government. But subsequently pursuant to the government denationalization policy the petitioner comp...... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ..

Category: Civil Law | Date: | Hits: 125

Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....ginal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Ali Akbar (Md.) ………………………………………………………………..Petitioner Vs. Government of Bangladesh and others……………………………Respondents. Judgment Augu......dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201...

Category: Election Law | Date: | Hits: 83

HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)

.... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......agreement with the defendant No. 5, Sea Consortium Pvt. Ltd on 24-2- 2004 ("the Agreement"). Under the Agreement each party was to contribute two vessels which would be able to operate a twice weekly service on a 14-day round voyage between the ports of Colombo and Chittagong. The plaintiff deployed..

Category: Admiralty Law or Maritime Law | Date: | Hits: 314

Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)

....nce. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ..

Category: Property Law | Date: | Hits: 159

Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)

....LR (AD) 347; Jibon Kumar Barman Vs. M Abdul Hye Chairman of the Election Committee and others, 48 DLR 569; Sultana Nahar Vs. Bangladesh and others, 1998 BLD 363 = 2 BLC 430; Md. Abdur Rashid Khan Vs. Government of the People's Republic of Bangladesh, 6 MLR (AD) 8; Shahabuddin (Md.) Vs. Secretary, Mi......nt of the Awami League he ceased to be the printer, publisher and Editor of the Daily Ittefaq. In this situation Mr. Anwar Hossain passed certain orders dated 23-1-99, 17-8-99 and 25-9-99 terminating services of some employees and appointing someone in the employment of the said Company, which amoun..

Category: Information Technology Law | Date: | Hits: 324