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Jaymala Baroy @ Shamsun Naher Vs. Dilip Kumer Baroy, 2009, 38 CLC (HCD)
....st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48.......al below without considering such cause dismissed the appeal which caused serious miscarriage of justice. The Rule is not opposed. In order to appreciate her submissions I have gone through the record and given my anxious consideration to her submissions. The point for consideration, whethe......st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48...Category: Civil Law | Date: | Hits: 130
Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)
....ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ......g for opposite parties, oppose the Rule. Their common contentions are that order of granting injunction by trial Court suffers from illegality and Court of appeal below after considering materials on record rightly reversed the order of trial Court, which calls for no interference by this Court. ......ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ..Category: Civil Law | Date: | Hits: 92
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....n passed in Writ Petition No.10946 of 2006 he deposited Taka 11,84,598 as 1st installment in favour of the bank. It has been also stated in the supplementary affidavit that for the sake of continuous good relationship between the petitioners and the bank, the petitioners have withdrawn the said writ......tlement of the loan liabilities of the petitioners and the petitioners having unconditionally accepted the said offer thereafter refusal of the respondent No. 3 to give consent on the application for recording compromise decree and sending the name of the petitioners for inclusion in the CIB Report ...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ..Category: Civil Law | Date: | Hits: 121
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
....e admitted circumstances indicate that in terms of their business the petitioner was supplied paint on credit and later supply of paints was against postdated cheque. A postdated cheque in payment of goods already received is a mere promise to pay on future date and the fact that the cheque is disho...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......ssrs Light and Sound owned by the two accused-petitioners Baby Masum and another. The substance of the contract was that a film would be made by the accused-petitioners by using certain materials and service facilities to be provided by FDC for stipulated consideration. Accordingly, FDC provided the..Category: Criminal Law | Date: | Hits: 95
.... idle formality, but a judicial requirement designed to ensure that the matter is heard and deliberated by each and every member of the Tribunal before making and signing the Award.
18. Although a good number of cases have been cited by Mr. Hossain, I shall only refer to those which are relevant ......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
..
Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
.... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ......hyampur Police Station naming sixteen accused persons including the convicts. 5. That accordingly, Shyampur Police Station Case No. 22 dated 9-11-1999 under sections 302/34 of the Penal Code was recorded. SI Moksedul Momen took up investigation of the case and recorded the statements of three ...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ..Category: Criminal Law | Date: | Hits: 67
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
.... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306.......ection 290 of the Penal Code. At the trial the prosecution examined three witnesses including the Investigating Officer while the defence examined two witnesses. The Upazila Magistrate, Kalkini after recording the deposition of the witnesses found that the prosecution had been able to prove the ch...... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306...Category: Criminal Law | Date: | Hits: 76
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......e in support of the judgment and sentence passed by the Courts below submits that the Courts below having arrived at the finding of guilt of the accused-petitioner on consideration of the evidence on record, such concurrent finding of facts of two Courts are not liable to be interfered at this revis......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ..Category: Criminal Law | Date: | Hits: 92
....y ground to interfere with the decision of the High Court Division.
Accordingly, the appeal is dismissed. There is no order as to costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 169.
......idence and as such, the Writ Petition filed by the writ petitioner was misconceived. He further submits that the High Court Division failed to take into consideration that the writ petitioner himself recorded his name as Hatem Ali and his date of birth as 31.10.1947 in the service book and that the ......y the High court Division in Writ Petition No.5599 of 2004 making the Rule absolute.
2. The facts leading to the filing of this appeal, in short, are as follows:
The writ petitioner joined the service of Bangladesh Forest Industries Development Corporation (in short, BFIDC) Khulna Complex on ..
Category: Employment/Service Law | Date: | Hits: 739
....by a Division Bench of the High Court Division in Writ Petition No.2676 of 2011 allowing the application of added writ-respondent No.6 and thereby directing writ-respondent Nos. 1 to 4 to release the goods at the earliest opportunity.
2. The facts leading to the filing of this petition for leave ......pportunity, writ respondent Nos.1 to 4 prefer this Civil Petition for Leave to Appeal.
7. We have perused the petition and the order of the High Court Division dated 28.04.2011 and other papers on record.
8. Mr. Murad Reza, learned Additional Attorney General appearing on behalf of the respon......he Rule.
Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: | Hits: 131
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279...Category: Property Law | Date: | Hits: 79
....found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 18 MLR (AD) (2013) 1.
......found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 18 MLR (AD) (2013) 1.
......ions by judgment dated 27th May, 1998 relied by the High Court Division is applicable to the facts of this case and finally, whether the writ-petitioners have acquired any right of appointment in the service of the Republic on the basis of alleged recommendation, annexure-E, to the writ petition.
..
Category: Others | Date: | Hits: 138
Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)
....s. If the defects for which the plaint can be rejected should not be such as are curable by amendment and nothing more than an error of procedure, the court should not reject the plaint. These may be good grounds to be agitated at the peremptory hearing of the suit but on those grounds a plaint cann......tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ......tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 112
....g been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave-petitions are dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 174.
......Writ Petition No.1522 of 2004 heard along with 99 other writ petitions and as such, no interference is called for.
12. We have considered the impugned judgments and orders and other papers on the record. The High Court Division has come to a finding that the petitioners have been serving as Sub-......ey have been appointed in their respective posts during the period from 1983 to 2005 in different development projects. The initial projects of the writ petitioners had ended long time back but their services had never been terminated. Rather for “public interests” they were required to work and..
Category: Others | Date: | Hits: 172
....olation of the principle of natural justice before the Administrative Tribunal.
The applications therefore are summarily rejected.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 231.
......olation of the principle of natural justice before the Administrative Tribunal.
The applications therefore are summarily rejected.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 231.
......idha-7/96/281, Memo No. Swa: Ma/Pv.1/Bibidha Memo No. Swa: Ma/Pv-1 Bibidha-7/96/283 and Memo No.Swa: Ma/Pv-1/Bibidha-7/96/284 all dated 5-6-97 issued to the petitioners purporting to remove them from service as Assistant Superintendents of Police. They have also challenged the Notification bearing N..
Category: Employment/Service Law | Date: | Hits: 91
Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)
....te of opening of the Letters of Credit in the respective Rule and the customs authority having claimed Customs duty on the basis of subsequent SROs vested right of the respective petitioner to import goods and to pay custom duty on the basis of tariff value and custom duty prevailing at the time of ......ving been involved in all these Rules these are being disposed of by this judgment. 2. Learned Advocate for the petitioner of the respective Rule after placing the petitions and other materials on record submitted that tariff value as well as customs duty having been increased by the SROs publish......ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Kamal Miah (Md.) alias Nasim Vs. State and another, 1998, 27 CLC (HCD)
....inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ......he ground of non-supplying of notice because in a criminal case notices are served by the Court and the appellant is not required to furnish any copy of the notice. 3. Perused the application. The record of the appellate Court was also called for and I have perused the record. It is clear that th......t of audience once an accused is convicted on the basis of the complaint. I am of the opinion that the learned Sessions Judge, was wrong in directing the appellant to furnish copies of the notice for service upon the respondent Aleya Begum who was the complainant. However, from the record of the app..Category: Criminal Law | Date: | Hits: 63
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220.......e declared to have been passed without jurisdiction and of no legal effect. He referred to the order sheet Annexure-E from where he shows that the Senior Special Tribunal on 18-2-91 received the case record and thereafter, transferred the case to the Tribunal No.5 who received the same on 23-2-91 an......ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220...Category: Criminal Law | Date: | Hits: 63
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209....... had not made any condition in his joining letter to the effect that unless and until his promotion and other matters are settled, he cannot join as Secretary of the corporation. So, we fine from the record that the petitioner did not put any condition in the matter of joining his service as secreta......ost of Secretary of the BSC. In pursuance of the order of the CMLA, the petitioner was ordered to be reinstated on 31-8-1982 from the forenoon as Secretary of the BSC. But on the same day 31-8-82 the service of the petitioner were terminated from the afternoon under Regulation 12(a) of the Banglades..Category: Others | Date: | Hits: 142
....release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201.......it appears that the grounds of detention were signed by the District Magistrate on 26-8-96 but the Government passed an order of approval and extension of detention on 18-8-96. So, on the face of the record, the grounds of detention were not placed before the Government, when the Government passed t......nd create chaos and confusion and lastly on the 15th August, 1996 they prepared a definite and positive plan to create disorder according to the specially confidential report received from the secret service agencies. It is stated that doubts surrounding his return from training school in India with..
Category: Criminal Law | Date: | Hits: 76
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