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Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....ch deterrent law, forged, fraudulent documents are being used, fraudulent and mala fide devices are being practiced for obtaining an 'immune' decree from Artha Rin Adalat as a tool to oppress persons and fetching unlawful gain out of such decree. In view of the same the learned Advocate subm......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......) (2013) 301. ......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....-payee cheuqe has ceased. Crossing of cheque simply requires the payee to deposit the account payee cheque in the bank of the payee for collection and that he cannot transfer this cheque to any other persons by negotiation……………………………(14) Lawyers Involved: Md. Fakhar Uddi......ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
.... Procedure, 1898; Section 161 When to take an Adverse Presumption- In a case where there is no eyewitness or there is hardly any circumstantial evidence it is essential that the persons who are the next door neighbours or lived near the place of occurrence should be examined fo......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ......n with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
....Munshi, the learned Advocate for the petitioner appearing with Mr. Ali Akbor Khan, forwarded six-fold arguments before us, which are as under:— (i) Section 20 of the VAT Act prescribes the persons who may be appointed as VAT officers and under section 21 of the VAT Act only the VAT offici...... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ......s vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ...... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ..Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ase of Chand Shah Vs. Crown reported in 8 DLR (FC) 24 it has been held that it was an essential condition of an administration of Justice, in a case affecting an individual or individuals, that the persons concerned should submit to the due process of justice. It has been further held in the Chand......opy of this judgment be transmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ......2010) 359; 17 MLR (HCD) (2012) 412. ......opy of this judgment be transmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... in its Board meeting dated 14-12-98. The tender of FSDI was cancelled with dishonest intention to award the contract to CWHEC and no effort was made to reduce the price of said CWHEC and the accused persons in collusion with each other by abuse of power with intent to make gain for themselves or ot...... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 .......dge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ....... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ...Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
.... at about 17:10 hours the informant with his forces rushed to the place of occurrence and recovered the said goods as mentioned in the seizure list in presence of the witnesses and arrested 2 accused persons there from and 3 other accused persons fled away; that being arrested the said accused perso......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......quire any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)
....t Member Amzad Hossain Sarker Bhojey. On 30.10.2006 at about 8 p.m. Rabiul Islam went to Shipaigonj Bazar and accused Amzad Hossain Sarker Bhojey knowing the above fact he along with 12 other accused persons attacked his brother Rabiul Islam in front of the shop of Dhorony Roy and at the order of ac......not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ......result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ......not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ..Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....ion of abetment as follows: "107. A person abets the doing of a thing, who- First.- Instigates any person to do that thing; or, Secondly.- Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in ...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ......by vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... follows: "107. Abetment of a thing.-A person abets the doing of a thing, who- First-Instigates any person to do that thing; or, Secondly-Engages with one or more other person or persons in any conspiracy for the doing of that thing. If an act or illegal omission takes place in ...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ......by vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... disclose any offence whatsoever. That application was, however, turned down and the Court below by it’s order dated 28.8.2008, framed charge against the Petitioner, as stated above. Five other persons were also indicted in this case. 6. The Petitioner before us, who is none other than on......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......tioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....p Smith (1989 2 Admin Law Report) the various English Courts , inclusive of the House of Lords judicially reviewed Magistrate and Crown Courts’ decision to ignore the plea raised by the accused persons that the criminal Courts concerned were obliged to examine the validity of the by-laws, they......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... p Smith (1989 2 Admin Law Report) the various English Courts, inclusive of the House of Lords judicially reviewed Magistrate and Crown Courts’ decision to ignore the plea raised by the accused persons that the criminal courts concerned were obliged to examine the validity of the by-laws, they......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......o the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....7. In due course the investigation of the case was handed over to the And Corruption Commission, who after due investigation submitted charge sheet dated 23.9.2007. The allegation is that the accused persons were involved in the sale of 18 abandoned houses after evaluating the market price thereof a......les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
......d.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
......les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....authorities and text books has dealt exhaustively on gifts to idol, grants for temple, to whom does the property vest after dedication, hereditary priest, legal position of Shebait, right of suit for persons other than Shebait, suit by worshipper and the removal of Shebait. The Hindu Religious Syste......rty is transferred to the deity or institution itself as a juristic person and the Shebait or Mahant is a mere Manager........................................(14) A Shebait may be removed by any interested person either a worshipper or a member of donor's family if the Shebait has misconduc...... records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
....et against the principal accused Probir Deb Nath under section 7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended in 2003). At the same time submitting final report against the other accused persons. 4. The victim Kona was ordered to be kept in safe custody and was initially detained in......liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......bove directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......lication dated 13.12.2009, the Bangladesh National Woman Lawyer's Association (BNWLA) stated that Kanamika @ Kona Shah a passed her S.S.C. examination in the year, 2009 and she was not getting proper education facilities in the present safe custody and that she should be transferred to the Prashanti..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)
....the concerned officials of the Ministry of Education, the petitioner No.1 and further Annexure-G to the supplementary affidavit filed by the respondent, which was sworn on 16.03.2009, show that three persons with same qualifications like the respondent were allowed to withdraw their salary as the pr......ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ...... dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ......ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ..Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....prived of the same since the posts were not advertised in the Press and the Newspapers. According to him at the time of appointment of the Petitioners due process of law was not followed and 121 persons including the Petitioners were appointed behind the back of general public to the said City ......ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ...... no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ......ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ......pletion of attestation the Revenue Officer shall under Rule 29 published the draft record-of-rights for public inspection. Under Rule 30, the Revenue Officer shall decide summarily in presence of the interested parties any objection regarding ownership or possession of land or of any interest i......ment press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ......Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)
....dvertisement can be made for existing vacancies and also for anticipated vacancies but generally not for future vacancies, unless an emergent situation which compelled the authorities to recruit more persons than advertised, is specifically made out. Since no such attempt was made on behalf of the r......consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ......ase is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ...... Government, advertisements inviting applications from the candidates are being made by PSC. No selection can be made, without proper advertisement. The advertisement contains, among others, required educational qualifications, number of vacancy etc. Generally, the PSC should recommend only the said..Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118
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