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Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
....desh Limited, 53 DLR (AD) 12 where it is held that if plaint cannot be rejected under Order VII Rule 11 Code of Civil Procedure plaint can be rejected under section 151 of the Code of Civil Procedure holding that fruitless litigation should be buried at his inception. All these decisions are not on ...... the oral gift as genuine and since oral gift requires an affidavit as per present law for its validity and there being several miss statements in the plaint, the plaint should be rejected if it not covered under Order VII Rule 11 but under section 151 of the Code of Civil Procedure. Learned Advocat..Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)
....prosecution. In the context of above, the fact of above reported case, relating to corroboration appears to be distinguishable from the present case. Under the circumstances there is no hesitation in holding that the prosecution has totally failed to prove the recovery of the arms and bullet from th......ce of occurrence, the informant and others arrested the petitioner and carried out a search on his body in presence of local witnesses, namely, Abdul Karim, Md. Mazharul Sikder and Md. Israfil and recovered a revolver along with one round bullet from the right side of the waist of the petitioner. Af..Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7
M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)
....-bank, which it was legally bound to do under sections 44 read with section 45(c) of the Bank Companies Act, 1991. Therefore, the Hon’ble Court may issue a rule of mandamus upon Bangladesh Bank for holding investigation and taking necessary action against the creditor-bank. The learned Advocate co......er. She, however, admits that Bangladesh Bank may initiate any investigation only for the common interest of the depositors, or to bring discipline in banking sector only under instruction of the Government or on its own motion. 7. We have perused the writ petition, supplementary affidavit, th..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....the service of the Republic shall be dismissed or reduced in rank, inasmuch as, no law shall be made by the Parliament changing remuneration, privilege and other terms and conditions of a person holding or acting in any office to which the Article applies to the disadvantage of the holder of t......other provisions of the Constitution upon its legislative power. The Parliament has plannery powers of legislation which are limited by other provisions of the Constitution as discussed above. Moreover, the powers of Parliament cannot be restricted by an obligation undertaken by the Government. ..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
....easance, malfeasance and breach of trust and, as such, they are liable for payment of BSRS dues.
(II) whether both the trial court and the High Court Division committed error of law and facts by holding that the respondent Nos.1 and 2 knew only of the disbursement of the first installment,......d discussions and findings we are of the view that the appellant as petitioner in the miscellaneous case by adducing both oral and documentary evidence successfully proved their case for recovery of the present outstanding loan with interest of the
Respondents as on 1-1-1984 amounting..
Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ldwin; or it may simply be held that in our modern approach, it automatically involves a duty to act fairly and in accordance with natural justice. The Indian Supreme Court has adopted this principle holding ".......this Rule of fair play must not be jettisoned save in very exceptional circumst......Court Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J Naima Haider J Mahfuzur Rahman and another......................Petitioners Vs. Government of Bangladesh and others..............Respondents Judgment December 9, 2010 ..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
...., Faridpur Sadar in Miscellaneous Case No.3 of 1995; that on receipt of the notice of the said suit, the landlord contested the same by filing written objection wherein the factum of sale of the suit holding was disclosed for the first time; that thereafter the defendants sent the rent on 9-4-1995 b......s the tenant will pay rent at Taka 1600 in cash every month. This Division held that Clause (a) of section 10 of the Premises Rent Control Ordinance, 1963 prohibits the acceptance of any sum of money over and above the rent payable by a tenant. This clause has also made illegal even any claim or inv..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Nazrul Islam Talukder (Md.)Vs. Bangladesh & another, 2010, 39 CLC (HCD)
.... of the Ward the respondent No.1 directed the Assistant Commissioner (and), Dhanmondi Circle, Dhaka to inquire into the matter under memo No.sa:ka:(bhur)/dhatsa: /2006-372(ma:) dated 13-8-2006. After holding the inquiry. The Assistant Commissioner (land), Dhanmondi Circle, submitted report to the re......ible to be licensed as Nikah Registrar on regular basis if he fulfils the requisite qualification specified in rule 6 and his performance as Nikah Registrar on temporary basis is satisfactory to the Government." 4. The area for which a Nikah registrar may be licensed by the authority has b..Category: Family Law | Date: 6 Dec, 2010 | Hits: 9
Syed Wahid Iqbal Vs. Bangladesh, 2010, 39 CLC (AD)
....ainst the judgment and order dated 6-10-2009 passed by the High Court Division in Writ Petition No.5277 of 2008 discharging the Rule without interfering the formation of Election Committee for holding Election of Tangail Central Co-operative Bank Ltd. 2. The facts relevant for disposal o......ue CJ Md. Muzammel Hossain J SK Sinha J Syed Wahid Iqbal.................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operative Division-5 Bangladesh Secretariat and others...........Category: Civil Law | Date: 6 Dec, 2010 | Hits: 5
....only contention of the respondent authority is that the country of origin as declared by the original importer is not correct one and in fact the country of origin is not Nepal but India. However, by holding this, the respondent authority does not suggest that with the change of the country of ......he petitioner with reliable prima-facie evidence and there being no other claimant, there remains no dispute as to the ownership of the said goods and, as such, the same should be released and handed over to the petitioner immediately. However, if there is any case of wrong declaration on the p..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
....only contention of the respondent authority is that the country of origin as declared by the original importer is not correct one and in fact the country of origin is not Nepal but India. However, by holding this, the respondent authority does not suggest that with the change of the country of ......he petitioner with reliable prima-facie evidence and there being no other claimant, there remains no dispute as to the ownership of the said goods and, as such, the same should be released and handed over to the petitioner immediately. However, if there is any case of wrong declaration on the p..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....tuency No.253 Chandina (Comilla-6) for two consecutive terms and a former Minister of State, Ministry of Liberation Welfare Affairs to the Government of Bangladesh. Apart from that the petitioner was holding the position of the Chairman of Bangladesh freedom Fighter's Central Council. Besides, h........Petitioner Vs. Bangladesh..............Respondents Judgment October 25, 2010. Result: The Rule is discharged. Cases Referred to- Md. Nazimuddin Chairman Vs. Government of Bangladesh, 61 DLR 2009 81; 21 BLD (AD) 10; ACC Vs. Mohiuddin Khan Alamgir, 62 DLR (AD)..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
Khurshed Alam Vs. Abul Kalam and others, 2010, 39 CLC (AD)
....appointed mutawalli as mandated in sub-section (2) of section 32 of the Waqf Ordinance, 1962 (the Ordinance). The High Court Division has found that the learned Additional District Judge was wrong in holding that the application filed before the Administrator of Waqf was not filed under section 32 o......appeal filed before the District Judge which was heard and disposed of by the learned Additional District Judge was incompetent, as the removed mutawalli, that is, the present petitioner did not make over charge of waqf to the newly appointed mutawalli as mandated in sub-section (2) of section 32 of..Category: Trust/Waqf Law | Date: 7 Oct, 2010 | Hits: 177
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
.... 25. In the case of Messers Chemico Laboratories Ltd. Vs. Government of Bangladesh, 11 MLR (AD) 192 where Mr. Rokon Uddin Mahmud himself appeared for the petitioner, the Appellate Division while holding adjudicating order passed by the Commissioner of Customs Excise and VAT is appealable and wr......Segunbagicha, Dhaka and others..........................Respondents Judgment October 7, 2010. Result: The Rule is discharged. Case Referred to- Messers Chemico Ltd. Vs. Government of Bangladesh, 11 MLR (AD) 193; Bengal Glass Works Ltd. Vs. The Member (VAT) NBR, 9 MLR 27..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....ctor, Anti-Corruption Commission, Divisional Office, Dhaka and respondent No.5 Director General (Inquiry and Investigation) Anti-Corruption Commission, Segun Bagicha, Dhaka on 22-4-2009 and 26-4-2009 holding that the allegations against the petitioner could not be established. 6. Thereafter on ......quiry was found to be baseless and the Anti-Corruption Bureau by it’s Memo No.1/DAR/90-Natore/695 dated 10-01-1994 rejected the complaint. 4. During the period of Non-party caretaker government in 2007 (after 1/11 of 2007) the petitioner had been a subject of harassment and humiliati..Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182
State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)
....hem. It is further contended that the High Court Division committed a fundamental error in shifting the onus upon prosecution as to the cause of death of the victims disbelieving the prosecution case holding that the victim Sufia Khatun was not the wife of the principal accused Tajul Islam, that the......ikh @ Md. Tajul Shaikh along with her baby was said to have been done to death on the night following 9th October, 1998 and on getting the death news, the informant Md. Bashir Uddin Sheikh (P.W.1) recovered the victims dead bodies from the backyard of the house of one Rahman and then lodged an FIR..Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....blishments is entitled to be certified as the collective bargaining agent in relation to that establishment group of establishment (d) to supervise the election of trade unions executives and the holding of any secret ballot; (e) to act as conciliator in any industrial dispute; (f) to supe...... if not more, hazardous, including in the leather industry, the hand looms, the fishing and fish processing industry, the metal manufacturing industry etc. He also points out that children are handed over to certain employers on payment of lump sum of money and the children are expected to work for ..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....is signature on the inquest report, marked as Exhibit-1 and his signature on the inquest report marked as Exhibit-1 (a). During cross examination, he stated that there were many people at the time of holding inquest and victim was aged about 15-16 years at that time. He does not know the cause of de...... 1872, and looking at the charge sheet and the seizure list, we find that the kamiz was torn at the place of breast and the paizama worn by the victim was torn on the lower part that is at the place covering the female organ. This fact has been recorded in the charge sheet as well as in the seizure ..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....f the Code of Civil Procedure. Both the applications were heard together and after hearing the parties the trial Court rejected the application under Order 9 Rule 13 of the Code of Civil Procedure holding that the judgment of the trial Court and appellate Court below has been merged with the jud......order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
.... No.198 Nurul Islam as well as nephew of the informant who informed the incident to the informant at Kasba Krishi Bank and no one from the Tikoria Village where the deceased died was examined and withholding the said vital witnesses by the prosecution without any satisfactory explanation as suc......an alarm then other witnesses proceeded to rescue deceased Abul Hashem while accused Abdur Rahman along with other accused made barricade and threaten them by showing dao and country made weapon. Moreover, accused Younus, Khurshed and Abdus Salam from a nearby house in the south east corner of the s..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
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