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Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ...... 11. Apart from the above factual aspects, let us consider the legal aspects of the matters. Section 2(13D) of the Act of 1938 defines 'policy holder' as under: "(13D) "Policy-holder" includes a person to whom the whole of the interest of the policy-holder in the policy is assigned once and for..Category: Business or Commercial Law | Date: | Hits: 212
Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....ental proceeding was initiated alleging "misconduct and corruption" and on receipt of the show cause notice he replied thereto denying the charges and as per provision of the Rules, 1985 a two member Inquiry Board was formed but the inquiry was held violating the provisions of rule 10 of the Governm......sed by superior officer ought not to be complied with. Since no defence is permissible to justify compliance of such illegal order, the officer/employee/ complying with such illegal acts/omissions is personally liable for the same. Considering the aforesaid facts and circumstances of the case, we..Category: Administrative Law | Date: | Hits: 192
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
.... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ...... terminable, on the part of either lessee, by fifteen days' notice expiring with the end of a month of the tenancy. Every notice under this section must be in writing signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be found by it or be te..Category: Property Law | Date: | Hits: 28
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
.... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ...... treatment but in the early part of following day i.e. on 7‑2-1995, victim succumbed to his injuries. In the meantime, police with the help of local law enforcing agencies apprehended the accused person and took him into custody from the house of Delwar Hossain Howlader. 3. Narrating these fa..Category: Criminal Law | Date: | Hits: 30
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
.... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145.......further submits that sub‑section (4) of section 15 of the Act provides that if the applicant sends such counter‑statement, the Registrar shall serve in the prescribed manner a copy thereof on the persons given notice of opposition and shall, after hearing the parties, is so required and consider..Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......boys and Lipi. Mizan and Faruque thereafter went back to their respective home and informed the incident to their relatives and the accused appellant Anowar Hossain Pintu accompanied by other accused persons came to the house of deceased Abdul Halim Chairman in an aggressive mood and gave a good bea..Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......ned Sessions Judge, Noakhali in Sessions Trial Case No. 28 of 2000. Accused Alamgir was all through an absconder and was tried in absentia. 7. Prosecution to bring home culpability of four accused persons put on witness box eleven (11) witnesses. 8. Defence adopted by accused persons was of in..Category: Criminal Law | Date: | Hits: 31
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......as equipped with modern, sophisticated, highly sensitive, expensive machineries and other auxiliary equipment. The Chairman of the petitioner company was quite confident that with all the experienced personnel who are still employed with the company ETV could start afresh and broadcast immediately. ..Category: Information Technology Law | Date: | Hits: 230
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......tion' preservation or inspection of any property which is the subject matter of such suit, or as to which any question may arise therein; (b) for all or any of the purposes aforesaid authorise any person to enter upon or into any land or building in the possession of any other party to such suit;..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......(3) of the Companies Act, 1994 (hereinafter called 'the Act') and also prayed for calling, holding and conducting the AGM for the years 1998‑2000 under the Chairmanship of a neutral and independent person and the Company Court after hearing the parties by its order dated 15-4‑2002 was pleased ..Category: Banking Law | Date: | Hits: 158
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69.......d the case to the hilt inasmuch as they proved the taking part by the individual accused-appellants the occurrence and mere enmity between the parties in no way disproved the prosecution case, as the persons present have successfully proved the occurrence. He lastly submits that the person (PW 3) wh..Category: Criminal Law | Date: | Hits: 28
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65.......d 6 series respectively and claimed to have submitted charge-sheet as investigating officer of this regular case after investigation. In cross he frankly admitted that he did not see the occurrence personally. He claimed that it was reported that servant of the place of occurrence house brought ou..Category: Criminal Law | Date: | Hits: 88
Sirajul Islam @ Siraj and another Vs. State, 2003, 32 CLC (HCD)
.... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ......uch an inspector/ 'পরিদর্শক'within the meaning of section 2 (Kha) of the Environment Courts Act, 2002. The definition of the word 'পরিদর্শক' clearly indicates that any person can be authorised to exercise the powers of 'পরিদর্শক' and the above notifica..Category: Environmental Law | Date: | Hits: 414
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55...Category: Civil Law | Date: | Hits: 100
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......junction was not sustainable in law in view of the provisions of Section 21 (a), (b) read with Section 56(f) and Section 42 of the Specific Relief Act. Since the plaintiffs' service was a contract of personal service and incapable of being specifically enforced and consequently, the plaintiffs suit ..Category: Employment/Service Law | Date: | Hits: 95
Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)
....ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ......e than on foreign service in Bangladesh, whether with or without leave, a Government servant cease to be in Government employ". This provision shows that other than on foreign service or in case of a person who has been condoned from attending his duties by the Government under special circumstances..Category: Administrative Law | Date: | Hits: 229
Reaz Shahid @ Milon Vs. State, 2001, 30 CLC (HCD)
.... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385.......g with two others were arrested. 3. Police after investigation submitted charge-sheet against accused-appellant and five others under sections 10/12 of the Ain of 2000 showing three of the accused persons absconding. 4. The case was sent to Jananirapatta Bigna Shristi Kari Aparad Damon Tribuna..Category: Criminal Law | Date: | Hits: 34
Karam Ali Vs. State, 2001, 30 CLC (HCD)
....and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378.......n that he along with 7/8 of his companions were preparing for committing dacoity at the Kumudini Jute Godown, Narayanganj. 3. The police after usual invest submitted charge sheet against 4 accused persons including appellant Karam Ali, under sections 399/402 of the Penal Code to stand trial befor..Category: Criminal Law | Date: | Hits: 97
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......ners admitted that defendant No. 1 is a Mutawalli and the Waqf property was dedicated in the name of the Almighty Allah, i.e. Waqf Lillah, and as per terms and conditions of the Waqf deed there is no personal ownership of any person or any successor in the Waqf property. After the death of Mr. SM Wa..Category: Trust/Waqf Law | Date: | Hits: 187
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
.... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ......eposited in the said savings Bank account No.5131 in the name of Haji Asgar Ali on different dates. Subsequently, by forged cheques an amount of Taka 93,060.00 was withdrawn from the account by false personation. Ultimately, it transpired that the real Haji Asgar Ali did not open savings account No...Category: Criminal Law | Date: | Hits: 40
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