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Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)

....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ..

Category: Alternative Dispute Resolution | Date: | Hits: 172

State Vs. Jabbar, 2010, 39 CLC (AD)

....htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ......nch of the High Court Division by its judgment and order dated 2nd December, 2008 allowed the appeal and set aside the conviction and sentence. 4. The state thereupon preferred this peti­tion for leave to appeal before this Division. We have perused the impugned judgment, the evidence on record ..

Category: Criminal Law | Date: | Hits: 53

Md. Rafiqul Islam Faruque Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others, 2009, 38 CLC (AD)

....r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: VIII ADC (2011) 439. ......l No. 1896 of 2008. (From the Judgment and order dated 22.09.2008 passed by the High Court Division in Writ Petition No.7430 of 2008) Judgment ABM Khairul Hague J. - This is a peti­tion for leave to appeal in respect of an order dated 22.09.2008 summarily reject­ing the petition filed und..

Category: Procedural Law | Date: | Hits: 76

Sanowara Begum and others Vs. Mohammad Rashedul Hoque and others, 2009, 38 CLC (AD)

....ng on behalf of the peti­tioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ......l No.693 of 2009. (From the Judgment and order dated 19.02.2009 passed by the High Court Division in Civil Revision No.3393 of 2008.) Judgment ABM Khairul Haque J. - This is a peti­tion for leave to appeal in respect of the judgment and order dated 19.02.2009, passed by the High Court Divi..

Category: Administrative Law | Date: | Hits: 166

Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)

....fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......2003.) Judgment Surendra Kumar Sinha J. - Petitioners are the heirs of defendant in a suit for declaration of title and recovery of khas possession of the suit land, preferred this petition for leave to appeal from the judgment of the High Court Division in First Appeal No.415 of 2003 reversin..

Category: Property Law | Date: | Hits: 73

Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)

....ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ......o Appeal No. 42 of 2010. (From the judgment and order dated, 8.11.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.240 of 2009. Judgment Surendra Kumar Sinha J.- This leave petition at the instance of the petitioners is directed against the judgment and order dated 8..

Category: Administrative Law | Date: | Hits: 206

Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)

....e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ...... to Appeal No.430 of 2009. (From the judgment and order dated 02.12.2008 passed by the High Court Division in Civil Revision No.1340 of 1999.) Judgment Md. Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 02.12.2008 passed by the High Court..

Category: Property Law | Date: | Hits: 71

M/S. Concord Ready Mix and Concrete Products Ltd. Vs. Tax Settlement Commission and another, 2009, 38 CLC (AD)

...., we find no sub­stance in the submissions of the learned Counsel for the appellant. Accordingly, the Appeal is dismissed in ex-parte. Ed. This Case is also Reported in: VIII ADC (2011) 428. ...... of 2002. (From the judgment and order dated the 2nd day of July, 1998 passed by the High Court Division in Writ Petition No.1050 of 1998). Judgment Mohammad Fazlul Karim J. - This Appeal by leave is directed against the judgment and order dated the 2nd day of July, 1998 passed by the High ..

Category: Fiscal/Taxation Law | Date: | Hits: 113

Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)

.... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ......Appeal No. 2401 of 2009. (From the judgment and order dated 27.10.2009 passed by the High Court Division in Civil Revision No.352 of 2008). Judgment Syed Mahmud Hossain J.- This petition for leave to appeal is directed against the judgment and order dated 27.10.2009 passed by a Single Bench..

Category: Property Law | Date: | Hits: 79

Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)

....has to be secured both in substance and in practice. The society has a stake in ensuring the independence of the Judiciary and no price is too heavy to secure it. Anyway, Sub-ordinate Courts occupy a special place in the Constitution under Articles 114 to 116A. The recruit­ment and conditions of se......to Appeal No. 501 of 2010. (From the judgment and order dated 4.2.2010 passed by the High Court Division in Writ Petition No.11685 of 2006.) Order Surendra Kumar Sinha J. - This petition for leave to appeal at the instance of the Government of Bangladesh is directed from a judgment of the H..

Category: Constitutional Law | Date: | Hits: 441

Md. Nurul Hussain Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others, 2011, 40 CLC (AD)

....ral and documentary, and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 410. ......o Appeal No.1093 of 2010. (From the judgment and order dated 17.02.2010 passed by the High Court Division in First Appeal No.117 of 1998). Judgment Syed Mahmud Hossain J. - This petition for leave to appeal is directed against the judgment and order dated 17.02.2010 passed by the High Court..

Category: Property Law | Date: | Hits: 82

Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)

....Court of fact disregarded the principles concerning the approach to evidence or it committed grave error in appreciating the evidence, or where the finding of fact though is concurrent, there are any special reasons such as a manifest error of law in arriving at the finding, or where there is failur......ivil Appeal No.203 of 2004. (From the judgment and order dated 16.3.2003 passed by the High Court Division in First Appeal No.507 of 1999.) Judgment Surendra Kumar Sinha J. - In this appeal leave was granted on two points. The first point is that if two sale deeds are executed by the same ..

Category: Procedural Law | Date: | Hits: 76

State Vs. Kazol, 2011, 40 CLC (HCD)

....sed persons from such time onwards. Mr. Chakrabortty relies on such extracts of the Section 164-statements as lend credence and assurance to such general state of affairs. Taposh’s family members, especially his father the P.W.3 informant and his mother Shanti Poddar the P.W.6, having so been in a...... evening leading to Taposh’s death. More specifically, the statements read together read as an exercise in elimination by which all four confessing accused persons are found at particular stages to leave the company of Taposh, thereby, at the end crucially leaving Taposh in Kazol’s company makin..

Category: Criminal Law | Date: | Hits: 106

Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)

....d and Mr. Md. Mutahar Hossain have drawn this Court’s attention to the forbearance shown and indulgence given by the Petitioner-creditor to the borrower/principal debtor on all material dates, but especially on the crucial date of 8.2.2007 and that too behind the back of the Respondent No.1 that, ......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ..

Category: Company Law | Date: | Hits: 203

Government of the People's Republic of Bangladesh Vs. Subordinate Judge, 4th Court and Arbitrator, Dhaka and Others, 1992, 21 CLC (HCD)

....respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 391.......of the respondent No.2 has also filed the succession certificate bearing out the death of his father on the date alleged by him. This is Annexure-X to the supplementary affidavit. These two documents leave no room for doubt that the original respondent No.2 Md. Ishaque had died on 19.5.90 which is ..

Category: Alternative Dispute Resolution | Date: | Hits: 213

lqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Dhaka, 1991, 20 CLC (HCD)

....ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 416. ......ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 416. ..

Category: Property Law | Date: | Hits: 86

Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)

....ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388.   ......r referred to as BAEC) under the signature of the respondent Nos. 3 and 4 (the annexure G to the writ petition) without lawful author­ity and of no legal effect. 3. The respondents 1 to 3 in this leave petition filed the above mentioned Writ Petition No. 6308 of 2009 challenging the above mentio..

Category: Employment/Service Law | Date: | Hits: 81

Trade Channel Vs. Collector of Customs, Customs House Chitta­gong and others, 1990, 19 CLC (HCD)

....ill of Entry Annexure‑I assessed on 31.5.90, but not yet paid) because the petitioner has not at all attempted to avail of the provisions of appeal and revision as provided in the Customs Act, 1969 specially when the consigned goods are meltable scrap (steel) and rerollable, scrap (steel) which ar...... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)

....of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..

Category: Criminal Law | Date: | Hits: 125

Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)

....petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ..

Category: Constitutional Law | Date: | Hits: 174