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Gour Netai Sri Sri Modan Mohan Das Bigraha Vs. Jahanara Islam Chowdhury and others, 2008, 37 CLC (HCD)

....pect of possession until disposal of the aforesaid matter by the learned District Judge. Send down the record at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 141. ......on 24-4-08. 35. In fact, no objection was filed on behalf of the opposite parties to the application for condo nation of the delay and/or the knowledge of the petitioner on 22-4-08. It was the duty of learned District Judge to decide such application on merit. 36. Learned District Judge..

Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22

James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....r working of the Chittagong Port Jetties. 3. The limitation imposed by the rule 70 of the General Rules and Schedule in the case would be from the date of decision to refund the amount to pay in excess and not for the date of actual payment. The High Court Division did not make the Rule absolut......the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ..

Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7

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. ......without expressly declaring what shall be the consequence of non-compliance, is the requirement to be regarded as imperative (or mandatory) or merely as directory (or permissive). But when the public duty is imposed and the statute requires that it shall be performed in a certain manner, or within a..

Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157

Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ...... It has been asserted in the writ petition that the writ petitioner was appointed as Sepoy in the Bangladesh Rifles on 31-7-1986, having identification No.47396, and since then he was discharging his duty with full satisfaction of the authority of the Bangladesh Rifles. The petitioner, being a very ..

Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33

AKM Kamruzzaman Khan Vs. Registrar, Joint Stock Companies and Firms Dhaka and 6 others, 2008, 37 CLC (HCD)

....to him under the provision of section 193 of the Companies Act, 1994. However, there shall be no order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 226. ......s and Firms when received any document, which the company is required to submit to him, under the provision of the Companies Act, 1994 and also receives a written objection against such document, a duty is cast upon the Registrar to hold an enquiry and resolve the dispute amongst the parties as ..

Category: Company Law | Date: 12 Aug, 2008 | Hits: 18

Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)

....day works of the Government in addition to their main function to assist and aid the Election Commission. Promulgation of Ordinance during such caretaker administration is futile exercise and made in excess of the jurisdiction. The Chief Justice cannot head any such Commission since the Chief Justic......, a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens; and affirmation as "our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodim..

Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236

Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)

....tion with any other case. 24. Send down LCR along with a copy of the judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 250.       ......an, Sub-Inspector, in charge of Kuchiajora Police Camp, Bheramara, Kushtia lodged First Information Report with Bheramara Police Sta­tion alleging that he along with his companions were on patrol duty at about 11-30 a.m. and when they reached at Foyjullahpur Eidgah Mor by Nocimon vehicle, accuse..

Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5

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. ......ner Vs. The Metropolitan Police Commissioner, Khulna and others..............Respondents Judgment July 22, 2008. Result: The Rule is disposed of with observations. 1. It is the duty of this Court and all other Courts as well as the other state departments, functionaries and ag..

Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147

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. ......tances discovered after the confession was made…………………….(48) The Court should apply two tests: Is it voluntary? Is it true? It is the duty of the Court to enquire very carefully into all the circumstances under which confession was ma..

Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175

Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)

.... 11. In this context, Mr. Md. Khurshid Alam Khan submits that High Court Division in the writ of centenary only can interfere in the matter where subordinate tribunal acts without jurisdiction or in excess of jurisdiction or violation of principle of natural justice or refused to exercise jurisdict......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. ..

Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30

Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)

....eport as Exhibit 2. 13. In cross-examination, he stated that during search many locals came to the shop but he could not identify any of them. He could not say the amount, stocking or storing in excess of the maximum quantity of what is allowed to be held in a stock or storage. He adds that at ......n days more. 2. The prosecution case as projected in the first information report and unfurled at trial is, that on 22-1-2007 ASI Md. Abdul Aziz (P.W.1) along with other police personnel were on duty with the joint forces, then, on the basis of a secret information they rushed to the "Khan..

Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2

Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)

....F.I.R. as exht.2. 13. In cross examination he stated that during search many locals came to the shop but he could not identify any of them. He could not say the amount, stocking or storing in excess of the maximum quantity of that thing allowed to be held in a stock or storage. He adds that......re. 2. The prosecution case as projected in the first information report and unfurled at trial are that on 22-01-2007 A.S.I. Md. Abdul Aziz (P.W.1) along with other Police person­nel were in duty with the joint forces, then on the basis of a secret information they rushed to the "Khan brot..

Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3

Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)

....ss continues and there is a continuing cause of ac­tion...………(6) Public policy demand that a co-sharer who is enjoying more land than his share should part away with the excess land and give the due share to his other co-sharer, here the plaintiff not to speak of any de......s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in:  29 BLD (HCD) (2009) 271.       ..

Category: Property Law | Date: 26 May, 2008 | Hits: 3

Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)

....lead to a dangerous situation and giving premium to the primitive rule of 'might is right'. Public policy demand that a co-sharer who is enjoying more land than his share should part away with the excess land and give the due share to his other co-sharer………………………….(9) C......preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457.  ..

Category: Property Law | Date: 26 May, 2008 | Hits: 7

Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)

.... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ......ing the cheque and 'on' receipt of the information from the Bank, on receipt of the information means and includes as and when the drawee received the notice of dishonoring of the cheque. Court has a duty to elaborate law but evenhandedly within the framework of law but cannot interpret the law to g..

Category: Banking Law | Date: 22 May, 2008 | Hits: 227

Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)

....ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ......mine the entire evidence and must distinguish the chaff from the grain and should not discard the entire prosecution case merely on the ground that a part of the story is found to be false. It is the duty of the Court to disengage the truth from falsehood instead of taking an easy course of rejectin..

Category: Women and Children | Date: 4 May, 2008 | Hits: 151

Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)

....imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6.......mine the entire evidence and must distinguish the chaff from the grain and should not discard the entire prosecution case merely on the ground that a part of the story is found to be false. It is the duty of the Court to disengage the truth from falsehood instead of taking an easy course of rejectin..

Category: Women and Children | Date: 4 May, 2008 | Hits: 8

Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)

....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......ndant No. 4 issued a letter for treating him as an irregular employee on retirement and the plaintiff has enjoyed all the service benefits as permanent employee while he was in service and it was the duty of defendant No. 1 to make the plaintiff a permanent employee but due to the issuance of a lett..

Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50

Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)

....t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ......oof and all material evidence, particularly those in favour of the accused, should be placed before the court. The failure of the accused to produce evidence does not relieve the prosecution of his duty to bring home the guilt to the accused. The burden of establish­ing the guilt of the accused..

Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5

Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)

....rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ......teration of the reasons given by the trial Court are not essential. In such a case, expressions of general agreement with those of the trial Court are generally considered sufficient. It is not the duty of the appellate Court when it agrees with the view of the trial Court on the evidence either ..

Category: Property Law | Date: 28 Jan, 2008 | Hits: 31