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Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ase against the accused under section 397 of the Act, 1994 giving rise to CR Case No.3518 of 2007 challenged in Writ Petition No.10164 of 2007. Mr. Amir-ul-Islam could not also show any procedural defect in recording the FIR by the police of Joydebpur police station lodged by respondent No.3 giv......ls do not disclose an offence, no investigation should normally be permitted..........as any investigation, in the absence of any offence being disclosed, will result in unnecessary harassment to a party, whose liberty and property may be put to jeopardy for nothing......... If the Court interfer..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....dly, the confessions made by the accused were exculpatory in nature and the same cannot be used as evidence against themselves as well as the other co-accused. Thirdly, charge of the instant case was defective in nature inasmuch as specifically place of occurrence regarding explosions were not menti......না মূলক আয়াতগুলো পড়ে। তবে তা বাংলায়।” 39. In cross-examination he stated that the arrestees did not disclose about any political party or JMB. He denied the suggestion that the arrestees told nothing to him. 40. P.W.30 Hafez..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
.... issues are required to be recasted and accordingly the same is recast. Is the suit maintainable under the admiralty jurisdiction? Is the suit barred by limitation? Has suit suffers from defect of parties? Is their any cause of action against the defendant Nos. 1, 2 and 3? Is the......f in the instant suit claimed that it suffered loss due to 76.076 M.T. short landing of cargo CDSO. The plaintiff being the importer of CDSO steeped into the shoe of the shipper-supplier as notifying party in the Bill of Lading and the claim having been against the sea carrier of the cargo, the caus..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
.... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......nal Miscellaneous Case No.2956 of 2005. Judgment AKM Fazlur Rahman J.- On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite party to show cause as to why the proceeding of Special Case No. of 2005, arising out of the GR..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ...... that suit property having enjoyed ejmali as such, unless there be partition. Other Suit No.42 of 1992 cannot be decreed. 13. Mr. Mintu Kumar Mondal, learned Advocate, appearing for the opposite party, on the other hand, submits that, submissions of the Advocate for the plaintiff petitioner are..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....ng claiming as co-sharer transferred by the respondent No.2 in favour of Sultan Uddin Bhuiyan, the predecessor of the respondent Nos. 1-3. Leave was granted to consider on two points, namely; the defect of parties and the limitation. 3. Short facts which gave rise to the institution of the ......e sustained in law. This is not a legal ground for interference of the judgment of a court of appeal. The High Court Division ought to have decided as to whether the finding on the point of defect of party is based on the evidence on record. The Court of appeal below observed that the pre-emptor oug..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......t land or in the alternative for partition. Alter contested hearing, the suit was decreed in terms of the judgment and decree dated 31.5.1992 (decree signed on 2.6.1992). Defendant-opposite party Nos.1-7 preferred Title Appeal No.115 of 1992 before the learned District Judge, Magura a..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
Nazir Vs. State, 2011, 40 CLC (HCD)
.... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ......e-Party. Criminal Miscellaneous Case No.19601 of 2009. Judgment Md. Nazrul Islam Talukder J.- This Rule, at the instance of the convict-petitioner, was issued calling upon the opposite-party to show cause as to why the judgment and order of conviction and sentence dated 19-7-2006 pass..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... Vs. Ashoke Kumar Das & others…………………Respondent Judgment June 2, 2011. Result: The appeal is disposed of. Words and phrases Formal defect Formal defect includes every kind of defect which is in no way affect the merits of th......e permission referred to in sub-rule (2), he shall be liable for such costs as the Court may award and shall be precluded from institution any fresh sit in respect of such subject-matter or such party of the claim." 13. Let us see what is meant by formal defect. There is no definitio..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)
....ule is herby vacated. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in:...... K. M. Hafizul Alam, with Mahbub Shafique, Advocates-For the Opposite Parties. Civil Revision No. 5831 of 2007. Judgment Obaidul Hassan J. - This Rule was issued calling upon the opposite party Nos.1-3 to show cause as to why the judgment and order dated 28.05.2006 of the learned Distric..Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......red non-responsive by the respondent no.3 vide it’s decision dated 10.02.2011(Annexure-A) without making either BGP (Bangladesh) International or BGP Inc., China National Petroleum Corporation a party or giving personal hearing, upon a review petition filed by the respondent no.8 purporting to..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
....hey were placed before the sanctioning authority, the sanction to prosecute the accused did not amount to sanction in accordance with law and the Court will have no jurisdiction to try the case. This defect cannot be cured under Section 537 of the Code of Criminal Procedure as a defect in the jurisd...... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......বপ্রনোদিত তথ্য প্রকাশ অধ্যাদেশ, ২০০৮,(Ordinance No. XXVH of 2008) was promulgated on 8 June 2008, during the extended period of the Non-party Care-taker Government originally established under the provisions of the Constitution (Thirtee..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......ent servant tenders his resignation, he continues to be in service until the resignation is accepted, for the reason that, for the cancellation of the contract of service, the consent of the other party is also necessary. Till his resignation is accepted, the employee continues to be in the empl..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......il Ahmed…………………………Petitioner Vs. State………………………Opposite party Judgment May 15, 2011. Result: The Rule is made absolute. Case Refer..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....or beneficial, restrictive or enlarging of the common law) four things are to be discerned and considered: 1st. What was the common law before the making of the Act. 2nd. What was the mischief and defect for which the common law did not provide. 3rd. What remedy Parliament hath resolved and app...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ...............Accused-Petitioner Vs. The State…………………………………………....For the Opposite party Judgment May 15, 2011. Result: The rule is made absolute. Cases Refe..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....f it. Furthermore, it resolved that it is also permissible for such a procedure to be undertaken for the purpose of replacing a lost organ, or reshaping it, or restoring its function, or correcting a defect, or removing a malformation which was the source of mental anguish or physical pain.
The......5. Now the question of locus standi. It is very important in every suit, even in a writ petition. It is a vexed question, specially in respect of a public interest litigation (PIL). Generally, if the party fails to establish his locus standi, his suit or petition, as the case may be, is bound to fai..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357.......esult: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Mr. Rezaul Karim, Advocates - For the Petitioner. Sirajuddin Ahmed, Advocate - For the complainant opposite party no. 2. Criminal Miscellaneous Case No. 19057 of 2010 (An application u/s 561A of the Cod..Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
..... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ......idul Kader (Md.)………………………Petitioner Vs. State……………………….Opposite party Judgment May 11, 2011. Result: The Rule is made absolute. Cases Refe..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
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