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Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......etitioner was arrested in connection with the said case. Thereafter, police investigated the case and submitted charge sheet (Annexure-E) against the petitioner under section 25B of the Act. The case record was transmitted to the Special Tribunal consisting of Sessions Judge, Sylhet and the case was......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....0 DLR 97. Thus being the position, we are unable to accept the story of the alleged enmity. To establish the alleged enmity, P.Ws.1-3 and 10 have tried hard, be that as it may, their work is just not good enough. Thus, we are convinced that this is a case of no evidence and the learned Additional Se......micidal in nature. He proves his PM report, Exhibit 6 and his signature, Exhibit 6/1. His cross-examination was declined by the defence. 21. P.W.13 Babu Shashi Mohon Ghose, Magistrate, First Class recorded the statement of accused Niranjan Malaker on 14-9-1998. He proves the said confessional sta......erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ..Category: Criminal Law | Date: | Hits: 75
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385.......ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385.......on cannot render the proceeding liable to be quashed to the great prejudice of the complainant who is entitled to prove his case on evidence. In view of this decision, we hold that though the date of service of the legal notice upon the petitioner has not been mentioned in the petition of complaint,..Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ......of Kafrul Police Station, DMP Dhaka, being informant, lodged an ejahar on 11-10-2007 with the Kafrul Police Station, DMP Dhaka, alleging, inter alia, that on the same date at about 20-00 hours he was recording the statements of accused Md. Amanullah and co-accused Swapon in his Office in connection ......me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ..Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......me and that though the case was filed before one day before the expiry of one month from the date of receipt of the second notice, the proceedings cannot be quashed readily when from the materials on record it appears a prima facie case of committing offence against the accused petitioner and as suc......g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ..Category: Civil Law | Date: | Hits: 150
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....ssion to the vacant seat will not stand in the way of given relief to the petitioner by the election Tribunal in the election petition. But we would like to remind that this opinion of ours will hold good as long as Articles 123 and 125 co-exist and do not come into direct conflict with each other. ......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....on, right from the standpoint of legal sense as well as common sense in holding that the declaration, if granted, would not, although ineffective to bring about the plaintiffs to office except on the good sense of the master, and is a futility but a valuable gain for the plaintiff.” The learned......pposite party’s conviction having been confirmed got finality and he was not prejudiced by the order of dismissal dated 27-9-82. The learned Munsif heard the matter and considering the materials on record decreed the suit in part declaring that the impugned order of dismissal dated 27-9-82 was pre...... 4th Court, Dhaka decreeing the suit. 2. The opposite party as plaintiff filed Title Suit No.647 of 1985 in the 4th Court of Munsif, Dhaka praying for decree declaring that he is continuing in his service as his dismissal was not made as per service rules of the corporation and also for a decree ..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....s in schedules A and B in public auction after proper advertisement and sell it at the best price that would be available in the market and to keep the sale proceeds in bank deposits which will carry good interest. 19. It should be mentioned that in the absence of the beneficiary of the trust i......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268...Category: Trust/Waqf Law | Date: | Hits: 166
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....to save the company from liquidation in the common interest of all the share‑holders including the petitioners and thus secured the remission of interest amounting to Tk. 62,00,000'00 from BSRS for good performance of the company. Out of total existing claim of Tk. 78,00,000'00 and odd the company......d forwarded the same along with the share‑certificates to the company on 7.6.87 for transmission of shares in their names. But unfortunately, the respondent No.2 did not allow the petitioners to be recorded in place of late Md. Ashraf Ahmed. The petitioners verbally approached the respondent No.2 ......pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256...Category: Company Law | Date: | Hits: 233
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
.... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ...... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ......thout any lawful authority and to be of no legal effect. 2. The petitioner's case is that he was a Manager, Operational Control of the Biman Bangladesh Air Lines Corporation and he had been in the services of the Corporation for over 29 years. On 30.3.87 the Director of Flight Operation, passed a..Category: Employment/Service Law | Date: | Hits: 225
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ...... to a higher class, appointment shall be made on the recommendations of the Commission. (2) A person shall not be eligible for appointment by promotion to a specified post if he has unsatisfactory records of service.” 5. The petitioner claims that there is no unsatisfactory records of servic......r class, appointment shall be made on the recommendations of the Commission. (2) A person shall not be eligible for appointment by promotion to a specified post if he has unsatisfactory records of service.” 5. The petitioner claims that there is no unsatisfactory records of service of the pe..Category: Administrative Law | Date: | Hits: 326
Abul Kalam Azad (Md.) and others Vs. Md. Kamrul Hasan and others, 1997, 26 CLC (HCD)
.... stay granted at the time of issuance of the Rule is vacated. Let a copy of the order be sent to the Court concerned immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 259. ......aggrieved the defendant moved this Court and obtained the Rule. 2. Mr. Md. Khurshid Alam Khan, the learned Advocate Appearing for the petitioner, submits that the impugned order on the face of the record is illegal and has occasioned failure of justice since the order itself is not a speaking ord...... stay granted at the time of issuance of the Rule is vacated. Let a copy of the order be sent to the Court concerned immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 259. ..Category: Procedural Law | Date: | Hits: 85
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......apur police station GD Entry No.1254 dated 24-12-2000 and the police, upon investigation held with reference to the said GD, filed a Non-FIR prosecution against the accused petitioner and 2 others, recorded as Sutrapur police station Non FIR prosecution No.295 dated 12-9-2001 under sections 495/49......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235...Category: Criminal Law | Date: | Hits: 79
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......27 of the Constitution and further failing to take into consideration the prescribed application of section 47 as prescribed under section 60(3) as runs "B"; that there is an error on the face of the record causing failure of justice as it appears in the concluding paragraph of the judgment stating ......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ..Category: Civil Law | Date: | Hits: 138
....
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......nd 4 on 8.12.1981.
4. The plaintiff examined 3 witnesses and the defendants examined two witnesses.
5. The trial Court after considering the facts and circumstances of the case and evidence on record came to the finding that the plaintiff could not satisfactorily prove the execution of the al......
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
..
Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61.......unately, he met with an accident on 11.11.90 and hence handed over the investigation of the case to PW 9 KM Shahjahan who was on duty at the Mirpur PS at the relevant time. He thereafter examined the records of the case, and on receipt of the report of the chemical examiner of the seized articles i.......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61...Category: Criminal Law | Date: | Hits: 81
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......pugned judgment dated 21-1-2007, the contract agreement dated 18-10-2004. We also perused the memo of appeal and counter affidavit and application for additional evidence. Considering the material on record it transpires that in pursuance of tender documents there is contract agreement for construct...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......tigation into the matter, the Investigation Officer submitted charge sheet being No.32 dated 28-2-2007 under section 302/34 of the Penal Code against the accused petitioner and others. 4. The case record was transferred before the learned Session Judge, Moulvibazar which was registered as Sessi......f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ..Category: Criminal Law | Date: | Hits: 97
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....s sent to the District Judge, Narayanganj, where the complainant was at the relevant time posted as Subordinate Judge, for enquiry and the allegations made against the complainant having been made in good faith to the superior authority of the complainant contents of the said application cannot cons......ings of the Criminal Case No.179 of 1987 pending in the Court of the Magistrate, Narayanganj should not be quashed. 2. Learned Advocate appearing for the petitioners after placing the materials on record submitted that accused and complainant are residents of Brahmanbaria town and close neighbour......lf defamation for which he subsequently filed the complaint case No.179 of 1987 to further hams the Petitioners at Narayanganj by misusing his official Position at his station of posting. 3. After service of the Rule though Mr. SB Barua Advocate filed power on behalf of the complainant opposite p..Category: Criminal Law | Date: | Hits: 75
Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)
....rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453.......tration on the grounds that the design has been previously registered in Bangladesh, or that it has been published in Bangladesh prior to the date of registration. We have considered the materials on record and we hold that the petitioner failed to prove by cogent evidence that the registered design......rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453...Category: Intellectual Property Law | Date: | Hits: 257
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