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Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
....cal father he is also ready to bear the expenses and maintain the child in accordance with law but on such ground the bail, which has already been granted, cannot be re-called. 6. On the other hand, Mr. Zahirul Haque Zahir the learned Deputy Attorney-General has strongly opposed the Rule alle......has not misused the privilege of bail in any way, so without entering into the merit of the case the accused-petitioner should be allowed to continue with the bail, granted earlier by this bench. Moreover if the accused-petitioner is found to be a biological father he is also ready to bear the expen......the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....the failure of the Tribunal to comply with the provisions of sub-section (6) of section 27 of the Act, the order of conviction and sentence recorded against him stands vitiated. 10. On the other hand, Mr. Manjur Kader, learned Assistant Attorney-General appearing on behalf of the State-opposite...... Act. 4. At the trial, the accused-petitioner and others were charged under sections 19(f) and 19A of the Arms Act; but because of the abscondance of the petitioner, the charge could not be read over and explained to him and the trial of the case was concluded in absentia. 5. After hearing......er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....Mizanur stated that he lend some money to the present petitioner which do not constitute any offence under any law. The intention to deceive was not alleged even by the complainant. On the other hand, accused Mizanur in his confessional statement said that in order to help the petitioner's ......;politan Magistrate, Dhaka for trial. On 15-4-2009 he framed charge under sections 420/406 against the accused-petitioner along with Md. Mizanur Rahman and Shah Alam @ Badal. The charge was duly read over to the accused-petitioner Jakir Hazi and shah Alam @ Badal and to which both of them pleaded no......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....ules, 1979 and, as such, the impugned judgment and order is liable to be set-aside. 9. Mr. Israfil Hossain, learned Counsel, appearing for the writ-petitioner-respondents, on the other hand, has supported the impugned judgment and order relying upon the Recruitment Rules, 1979. &......e the High Court Division for the following relief:— "(A) Issue Rule Nisi calling upon the Respondents to show cause as to why the Respondent Nos. 1 and 2 shall not be directed to implement the Government decision to declare the Petitioners as Second Class gazetted Government Officers as per ......s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
.... Padayachi Vs. Emperor, AIR 1926 Madras 638; Kallam Narayana Vs. Emperor, AIR 1933 Madras 233; Abdul Ghani Vs. State of Uttar Pradesh, (1972) SCWR 83 (843); State Vs. Khasru, 43 DLR (AD) 182; Girash Chandra Vs. State of Uttar Pradesh, AIR 1971 SC 1050; State Vs. Lal Miah, 39 DLR (AD) 117; Osman Gani......by corrosive substance while they were sleeping on the verandah of their house. Victim Anita was shifted to the local hospital and then to Dhaka for treatment. Shrimoti Chaloky (P.W.1) lodged and FIR over the incident narrating the above facts. Prosecution in support of its case examined 16 witne......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
....es of the Court and to secure ends of justice the proceeding may be quashed. In support of her submission she refers the case of Abdul Quader Chowdhwy Vs. State, 28 DLR (AD) 38. 20. On the other hand, Mr. AKM Ali, the learned Advocate appearing with Mrs. Ayesha Akhter for the complainant Opposi...... amounts to an abuse of the process of the Court. The allegations made in the petition of complaint are sufficient grounds to proceed with the trial against the accused-petitioners. 31. Moreover, the Appellate Division in the case of Shinepukur Holding Ltd Vs. Securities and exchange Commi...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
.... appellants along with others as defendants seeking a decree for declaration of title and for a further declaration that three kabalas one dated 18-11-1974 executed by Abdul Hashem in favour of Chand Miah the defendant No.1, registered kabala dated 2-12-1974 executed by Abdul Hashem in favour o......somoy Chandra Nath in favour of Abdul Hashem are forged, fabricated, void and not binding upon the plaintiffs. 3. The plaintiffs brought the suit stating inter alia that some 1.13 acres of land covered by two SS plots namely, 2088 and 2007 appertaining to Khatian No.1220 of Mouza Kumargaon......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....slam in the Nilkhet Area of Dhaka City and interrogated him. After interrogation convict-appellant Nurul Islam disclosed before the AC Akhtaruzzaman (leader of DB Police) that convict-Alamgir Hossain handed over some arms to him. Accordingly, the arms have been recovered from the roof of the shop of......19(f) Mere knowledge of the accused that the arms or ammunition was lying at the spot pointed out by him, in the absence of any evidence or circumstances to show that he had exclusive possession over the spot or that none else has excess to it, cannot make him liable for conviction under Sectio......s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....g Vs. Union of India (1995) 1 SCC 274; Amrit Banaspati Co. Ltd. Vs. State of Punjab AIR 1992 SC 1075; Chairman, Rajdhani Unnayan Kartripakkha Vs A. Rouf Chowdhury, 61 DLR (AD) 28; Union Territory, Chandigarh Admn Vs. Managing Society Goswami, DGSCE, AIR 1996 SC 1759; Council of Civil Service Unio......a J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Jamuna Television Ltd. and another....................Appellant Vs. Government of Bangladesh & others.....................Respondents Judgment November 16,......e said proposal issued a NOC vide Memo dated 05-2-2002 (Annexure-B) to the appellant-company for opening countrywide terrestrial and satellite television broadcast in the UHF band under their own management. In the said NOC dated 05-2-2002 a condition was set out to the effect that it will be c..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....re not mentioned in the present one. Though they were filed on different pretext but were substantially for the same relief. More specifically, a plain reading of the additional written statement (handed in without objection) filed in the suit suggests that the issue raised there is directly a......gh Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J M Moazzam Husain J Elite Lamps Ltd……………………………Petitioner Vs. Government of Bangladesh and others……………………………….Respondents Judgment ......tor of the petitioner company is a politically powerful man. He, in association with other defaulters like him, moved heaven and earth for a write off and created tremendous pressure on the Bank management through different parliamentary committees, Hon'ble Speaker and the Ministry. The Bank m..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
....learned Judge accepted the enquiry report furnished by the Officer-in-charge flatly rejecting his naraji petition and thereby committed illegality calling for interference by this Court. On the other hand Dr. Rafiqur Rahman, learned Advocate appearing for respondent Nos.2 and 3 submits that the Nari......ng for respondent Nos.2 and 3 submits that the Nari-o-Shishu Nirjatan Damon Tribunal is creation of a special law namely, Nari-o-Shishu Nirjatan Damon Ain, 2000 and therefore, the Tribunal should be governed strictly by the provisions of the said Ain. He further submits that section 27 of the Ain do...... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....bsp; Cases Referred to- Vishram Arjun Vs. Irukulla Shankariah, AIR 1957 Andra Pradesh 784; State of Bihar Vs. Ram Ballabh Das Jalan, AIR 1960 Patna, 400; Lata Construction Vs. Dr. Rameshchandra Ramniklal Shah, AIR 2000 SC 380; Abdul Huq Vs. Yehia Khan, AIR 1924 Patna 81; Samptram Vs. B......f the appellants on 15th January, 1964. Paresh Chandra Nath subsequently instituted Money Suit No.6 of 1965 against Hasan Ali Driver in respect of the same property claiming him as tenant for recovery of arrear rents. According to the plaintiffs, the defendant Paresh filed a compromise petitio......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....ioner but no one appeared on behalf of the petitioner. 8. Ms. Nahid Mahtab, the learned Counsel appearing on behalf of the Anti-Corruption Commission with the leave of this Division on the other hand opposes the Rule on preliminary ground. Basing on the decision reported in the case of Abdul Ha......ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
....respondent No.2 cancellingthe schedule declared on 25-1-2011 by the respondent No.4 for holding electionon 19-2-2011 for the Managing Committee of Charpathalia Nurul Huda High School,Matlab (North), Chandpur and also memo dated 15-2-2011 issued by the respondentNo.4 suspending the said election temp......….Respondents
Judgment
August 25, 2011.
Result:
The Rule is made absolute.
Can a local member of the parliament lawfully interfere with the election process of the Managing Committee of a Non-GovernmentEducational Institution?
The local Member of the parliament beinga public representative ......mentEducational Institution?
The local Member of the parliament beinga public representative though can contribute with his opinion as toformulation of public policy in public affairs including the management of Non-GovernmentEducational Institution and making law therefore, but has no authority a..
Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
.... that section, as such, the instant proceedings against the petitioner is barred by law. 9. Dr. M Zahir with Mr. ASM Abdur Razzaque, the learned Advocate for the opposite party No.1, on the other hand, submits that the opposite party categorically described the very arising out of cause of actio...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
.... Voyage report 4 Letter dated 13.4.2000 5 Letter dated 6.4.2000 6,6(a) Fax copy dated 2.5.2000 14. On the other hand the defendant No. 2 Mr. Sundoro Linng through his learned Advocate Mr. M. Moksadul Islam examin....... V. ACCORD since neither their appointment and since the appointing authority nor the owner of the vessel have paid the plaintiff wages till they sign off the plaintiffs are primarily entitled to recover the due wages up to that point of time. But since the seamens wages creates maritime lien again......ceeding in rem as the claim raised by the plaintiffs in the suit caused maritime lien on the vessel and also as an action in personem against the owner of the vessel, the defendant No. 2 and the ship management company, M/S Commodity International Trading Pte Limited which appointed the plaintiff in..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....International Airport Authority, AIR 1979 (SC) 1628. Lawyers Involved: Sk Md. Morshed, Advocate with Md. Iftekhar Jonaed, Advocate—For the Petitioners. Murad Reza, Advocate with Khandaker Reza-e-Raquib with Immnul Kabir, with Mejbahur Rahman, Advocates—For the Respondent N...... August 17, 2011. Result: The Rule is made absolute. Cases Referred to- Tariq Transport Vs. Sargodha Vera Bus Service, 11 DLR (SC) 140; Bangladesh Sangbadpatra Parishad Vs. Government of Bangladesh, 43 DLR (AD) 126; Dr. Mohiuddin Farooque Vs. Bangladesh, 49 DLR (AD) 1=17 BL......countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)
....not call for any interference by this Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ......s service was transferred to and absorbed by DESA. Section 24 of Ordinance No.6 of 1990 provides that officers and employees of PDB who are transferred to and absorbed by DESA would continue to be governed by the service rules of PDB. Consequently, the office order contained in Circular No.1130 WP......AMIE or equivalent degree was applicable to and actually applied by DESA to many of its Diploma-holder Sub Assistant Engineers. The respondent No.1 writ petitioner, with the prior permission of the management of DESA completed his Bachelor of Science and Electrical and Electronic Engineering (BSEE..Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
....shu Nirjatan Case and therefore, the present case should be stayed till disposal of Badda Police Station Case No.13(6)07 and Title Suit No.6451 of 2008 to meet the ends of justice. 7. On the other hand, Mr. Nazibur Rahman, learned Deputy Attorney General appearing for the State submits that the p......, appellant No.1 and the co-accused left the room. The complainant could somehow manage to go her parent’s house, where her father and brother got her admitted in the local Health Complex. After recovery, she had informed her father and other witnesses in details about the torture and assault on h......t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
....sual. After the class was started, the appellant Md. Rafique Ullah, a teacher of the School had called her to library and asked to bring a glass of water. Accordingly she brought a glass of water and handed it over to him. He held the glass by one hand and held her by another, and thereafter kept th......re that the informant Md. Salim (P.W.1) lodged an ejahar with Lakshmipur Police Station on 9.5.2000 alleging inter alia that his daughter Fatema Begum (P.W.2) was a student of Class-V in Dalal Bazar Government Primary School. On the date of occurrence i.e. 5.3.2000 she went to her School as usual. A...... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
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