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State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)

....efaq" which revealed that a boy named Md. Nazrul Islam, son of Arshad Ali of village Tengrakhall, Police Station Shyamnagar, District Satkhira, being convict No.1755/86 had been in custody for a long time without any case. The news item disclosed that he was involved in several criminal cases includ......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ..

Category: Criminal Law | Date: | Hits: 97

M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)

....rted goods at Benapole Inland Port, the petitioner submitted bill of entry being No.C-46302 dated 03.11.2010 through its C&F Agent, M/S. Karim and Sons and with all shipping documents. In the meantime, the customs authority after holding 100% physical examination, found some anomalies and seized......nd respondent No.1 shall file the concise state­ment within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ..

Category: Fiscal/Taxation Law | Date: | Hits: 168

Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)

....plaintiff was given earth works of sec­tion 9, Division-1 of the National Housing Authority in respect of 7 Groups on 18th January, 1998. Plaintiff could not complete the works within the stipulated time and despite that it had withdrawn Tk.18,58,62,719/- against running bills. The plaintiff was re......he plaintiff. The appeal is, therefore, allowed with­out any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ..

Category: Civil Law | Date: | Hits: 73

Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)

....Order 9 rule 1(1) CPC is the relevant law. Sub‑rule (1) of rule 1 of the said Order enjoins upon the defendants to present a written statement of his defence before the first hearing or within such time not exceeding 2 months as the Court may permit. In this case it appears from the record that th......s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ..

Category: Property Law | Date: | Hits: 79

Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)

.... by his judgment and order dated 27.3.1985, the entertainment of a review petition and of passing the order by the Director of Land Records in reviewing the earlier order of the appeal for the second time is absolutely without jurisdiction and is of no legal effect. Mr. Khandker argued that the Dire......assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ..

Category: Property Law | Date: | Hits: 73

AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)

....er submits that the alleged payment of the gratification also has not been proved by independent witnesses and on the point of recovery of the currency notes and the presence of the witnesses at that time the evidence seems to be contradictory and not believable. The learned Advocate contends that i......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626...

Category: Criminal Law | Date: | Hits: 90

Kazi Shafiul Nasher Vs. Secondary and Higher Secondary Education Board, Jessore and others, 1991, 20 CLC (HCD)

....l where the examination was held, filed an affidavit‑in‑opposition annexing photostat copies of some affidavits sworn in by him and others before a Magistrate. He ultimately did not appear at the time of hearing. 4. The respondent No.2, the Controller of Examinations, Board of Intermediate &a......ayer in disposing of a matter under Article 102 of the Constitution. The Rule is therefore discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 619...

Category: Civil Law | Date: | Hits: 159

Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)

....perty at Tk.3, 50, 00,000/-. On 17.06.2001 a tripartite deed of agreement was executed by the plaintiff with the defendant Nos.1 and 5 for the purchase of the property and paid Tk. 50,00,000/- at the time of signing the agreement. The plaintiff requested the defendant No. 5 to deliver possession but......e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ..

Category: Civil Law | Date: | Hits: 93

Kazi Kamrul and others Vs. State, 2011, 40 CLC (AD)

....ce on record found the accused-respondents guilty of the charges and sentenced them to rigorous imprison­ment for 10(ten) years with fine with a direction to deduct the period in custody in the mean time. The accused-respondent being aggrieved by the said judgment and order of conviction preferred ......the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ..

Category: Criminal Law | Date: | Hits: 64

Md. Abdul Based Sheikh and others Vs. Md. Jinder Ali Khan and others, 2011, 40 CLC (AD)

....en discussed or considered by the Appellate Court below and as pointed out by the High Court Division, he found it difficult to make any submission in support of the leave petition, since found to be time barred. In the premises, we do not find any sub­stance in the leave petition. Accordingl......d to be time barred. In the premises, we do not find any sub­stance in the leave petition. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 515...

Category: Procedural Law | Date: | Hits: 66

Bangladesh Sugar and Food Industries Corporation Vs. Depak Kumar Pal and others, 2011, 40 CLC (AD)

....me of the CDA were pro­moted as El in the year between 1985 and 1986 and the others were directly recruited as EI during the same period. Therefore, after 1985-86 all the petitioners were EI. At the time of joining as CDA and EI the Pay Scales were Tk. 888-1630 and Tk.1000-2280 and the said Pay Sca......tion before the High Court Division challenging the decision dated 19.10.2004 passed by proforma respondent No.56, the Ministry of Industry of the Government of Bangladesh, refusing to pay the higher scale (Time Scale) and also seeking direction upon the petitioner, Bangladesh Sugar and Food Industr..

Category: Employment/Service Law | Date: | Hits: 85

Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)

....ry of damage and release of empty containers lying in a private ware­house owned by defendant No. 1 which has nothing to do with the contract of carriage of good by vessel at the rele­vant point of time and therefore the jurisdiction of Admiralty Court cannot be attracted under the facts and cir­......earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 338

Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)

.... of property, may be proved, except in cases in which such contract, grant or disposition of property is by law required to be in writing, or has been registered according to the law in force for the time being as to the registration of documents. Proviso (5)‑ Any usage or custom by which incid......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ..

Category: Property Law | Date: | Hits: 87

Abdur Razzaque Vs. Bangladesh Agricultural Deve­lopment Corporation and others, 1991, 20 CLC (HCD)

....(1), (2) and (3) of section 3 of the Public Servants (Dismissal on Conviction) Ordinance, Ordinance No. V of 1985 reads as follows: "(1) Notwithstanding anything contained in any other law for the time being in force or in any rule, regulation, bye‑law, instrument or contract or in any terms an...... that the petitioner be reinstated in his service at once. 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) 613. ..

Category: Employment/Service Law | Date: | Hits: 67

Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)

....behalf of the accused being in absentia. That day the petitioners submitted an application to the learned Sessions Judge for stopping the trial and releasing them on the ground of expiry of specified time of trial whereupon the learned Sessions Judge passed an order directing the bench clerk to coun......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ..

Category: Criminal Law | Date: | Hits: 58

Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)

....r in the alternative why the order dated 9.10.85 complained of in the petition should not be set aside or such other or further order or orders passed as to this Court may deem fit and proper. At the time of issuance of the Rule all further proceedings in Petition Case No.11016a of 1984 pending in t......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ..

Category: Criminal Law | Date: | Hits: 98

Shamima Khatoon and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1993, 22 CLC (HCD)

....e erstwhile Government of East Pakistan. The lessee, Md. Moinuddin, paid the premium of the lease in part and got possession in the disputed house. He also paid rent of the disputed house. After some time Md. Moinuddin, the lessee, contracted to sell the disputed house to the petitioner No.1 for a t......spondents to restore possession of the disputed house to them. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 601. ..

Category: Property Law | Date: | Hits: 89

Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)

....ner verbally and asked him a few questions and to sign on certain papers and he put his signature on good faith. He also claims that no witness from the prosecution or the defence was examined at the time of the enquiry. Thereafter the petitioner was removed from service of the Corporation under off......5/354 dated 23.9.85 the Chairman BFIDC, on review of the order of removal dated 18.6.85 imposed the penalties of (1) reduction in the rank to the lower post of Asstt. Accounts Officer in the modified scale of Tk. 1350‑90‑2250 EB‑100‑2750 with effect from the date the petitioner reported for ..

Category: Employment/Service Law | Date: | Hits: 177

Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)

....y Attorney‑General, has submitted that as the complicity of the accused transpired very recently in the case during the investigation and the accused was shown arrested in the case on 22.6.93 at a time when he was already in jail custody, is sufficient compliance of section 167 Cr.P.C. and the M......asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593...

Category: Criminal Law | Date: | Hits: 87

Shamsuddin Vs. The State, 1990, 19 CLC (HCD)

....nt. On getting this information the officer‑in‑charge of the police station went to the house of the accused, found the dead body of deceased Rozina Khatun and held inquest over the same. At that time he noticed some injuries on the left side of the ribs as well as on the right cheek of the dece......nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ..

Category: Criminal Law | Date: | Hits: 66