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Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......Special Judge, Special Court No. 3, Dhaka in Special Case No. 17 of 2011 rejecting the application under section 344 of the Code of Criminal Procedure refusing to stop the proceeding of the case. Background facts for filing the instant application are as follows; On 26-10-2009 Mo......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
....ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339. ......f 1986 in the Court of District Judge, Tangail against the petitioner and proforma respondent No.11 herein impleading them as the defendant and the proforma defendant respectively. The plaintiffs' case, in short, is that long before the settlement operation, the villagers of Gandina Hindu Commun......peration, the villagers of Gandina Hindu Community established a temple and set up the image of Sree Sree Shashan Kalimata and had been performing religious rites. During settlement operation, some lands were recorded in the name of ex-landlord but in the remark column "Kodaldoha Kalibari by the..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......n is motivated or who has been terminated for trade union activities can also file a complaint before the Labour Court after due service of grievance notice under section 33 (1). 8. In the present case, the writ petitioner did not serve any grievance notice as provided in section 33 (1) of the Ac......s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......will amounts to deprivation of personal liberty. 5. The respondents contested the Rule mainly on grounds that no fundamental right of the petitioner had been infringed as there are some criminal cases are pending against the petitioner. Ms Amatul Karim, learned Assistant Attorney-General p......in the earlier judgment the emphasis was laid on the request to protect the citizen, this judgment says that the main function of a passport is to control the exit. So a pass port, whether in England or in the United States of America' serves diverse purposes; it is a "request for prot..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ......r Md. ShafiquI Alam, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. At the time issuance of the Rule, all further proceedings of the above mentioned case in respect of accused-petitioner were stayed for a period of 6(six) months which has been subse...... of complaint before the Magistrate, Chittagong, which was sent to the Kotwali Police Station and ultimately treated as FIR. It was alleged by the informant that the schedule property was a purchased land of the informant and his brother Gias Uddin. The informant-owner was busy with business af..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......uit injunction petition was rejected and the plaintiff was not prosecuting the suit properly, whereas the said suit (Title Suit No.166 of 2011) has become infructuous after expiry on 5-8-2011. In any case, however, because of this suit the company could not transact the adjourned agenda relating to ...... shares, incorporated in the year 1978 under the Companies Act 1913 the government and its financial organizations hold major shares in the company; it has 12 Tea Estates having 10,949.58 hectares of land, out of which more than 50% area is under tea plantation. NTC is one of the major tea producing..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ......rge in a criminal trial is to enable the accused to have a clear idea of what he is being tried for and of the essential facts that he has to meet or in the alternative, to warn the accused of the case he is to answer. It shall contain the nature and the particulars of the offence by name, the d......when the victim along with his brothers was returning home after working in their field, which is situated towards the southern side of Mirzapur C & B road, the appellants trespassed into their land with deadly weapons, assaulted the informant, (P.W.3), Muslem Mia (P.W.11) and the victim Sukk..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
.... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ......of the complainant bank on 1-12-2004, but it was dishonoured by the Bank on several dates at last being on 16-2-2005. After serving legal notice on 23-3-2005 by the accused -petitioner, the complaint case was filed on 14-6-2005 under section 138 of the Negotiable Instruments Act, 1881 read with sect...... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ...... empowered the Appellate Court, here the District Judge, to pass an order of stay of operation of the order or decree passed by the Court Subordinate to it and in the facts and circumstances of the case, the learned District Judge did not commit any error of law in passing the order impugned in t......09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)
....rned Special Judge to proceed with the case in accordance with law. The petition is disposed of with the above observations. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 97. ......ammad Bayazid, the Superintendent Engineer, Roads and Highways. The investigating agency eventually submitted a police report recommending for prosecution of the respondent on 13th January, 2009. The case record was eventually sent to the Senior Special Judge, Mymensingh for trial. The Special Judge......rned Special Judge to proceed with the case in accordance with law. The petition is disposed of with the above observations. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 97. ..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)
.... The connected Rule being No.30 (Ref:) /2011 is disposed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ......d together in order to avoid conflicting decision. The Taxes Appellate Tribunal not even a quasi judicial authority, is a pure judicial authority and therefore the same practice is also applicable in case of the Taxes Appellate Tribunal and also in case of Commissioner of Taxes (Appeal) when adjudic...... The connected Rule being No.30 (Ref:) /2011 is disposed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ......shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ......shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
....Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ......d meticulously in its true spirit and purport. If there occurs any deviation in terms of such on 26 of the Act then certainly that can be remedied in a proper forum as it has been done in the instant case by the respondent No.1 Appellate Tribunal. Writ certiorari has its own limitation. While s......Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138 ......ice or without any decree from the Artha Rin Adalat. At this stage the petitioner moved this Division and obtained the present Rule and stay. 4. No one appears for the petitioner though the case appeared in the list quite a long time. 5. Mr. Belayet Hossain, the learned Advocate......s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138 ..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......o.27 of 2003, which was heard along with Criminal Appeal No.786 of 2003 and Jail Appeal No.191 of 2003 accepting the reference, dismissing the criminal appeal and jail appeal. 2. The prosecution case, in brief, is that Milon Akhter (deceased), younger sister of the informant was given in m......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ......tary Affairs while giving its opinion accorded undue benefit to writ petitioners of Writ Petition No. 3968 of 2002 appointed after 1985 who could not succeed in the writ petition by making out a case of discrimination and also excluded and dropped the most important part of the observation...... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
....e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
...... defendants. The record does not show that the plaintiffs discharged their responsibilities by way of informing the other sides." and on further consideration that the trial Court did not discuss the case of the defendant’s set-aside its judgment and decree and sent the suit back on remand to it w......d the fact that the suit was filed as back as on 11-9-1984 and defendant No.8 filed the application for holding local investigation after cross-examination of the 3(three) witnesses of the plaintiffs land thus took dilatory tactics to delay the disposal of the suit.
15. In the above context, we..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ......te and another...........................................Opposite-Parties Judgment December 3, 2012. Result: The Rule is discharged. No quashment before charge-sheet No case can be subject matter of quashment before submission of the charge-sheet and cognizance is take......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
.... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ......ions Case Nos. 1286, 1285, 1284 and 1282 of 2007 on a charge of commission of offence under section 138 of the Negotiable Instruments Act, 1881. On conclusion of trial of the respective sessions case, the learned Joint Metropolitan Sessions Judge found the petitioner guilty of the charges br...... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
.... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ...... Sessions Case Nos. 1286, 1285, 1284 and 1282 of 2007 on a charge of commission of offence under section 138 of the Negotiable Instruments Act, 1881. On conclusion of trial of the respective sessions case, the learned Joint Metropolitan Sessions Judge found the petitioner guilty of the charges broug...... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
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