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Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)

....and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49....... receive loan from the plaintiff-Bank by opening the CC Account No. 69 and that she did not put her signature on any document of the Bank relating to charge documents for the loan. It is the specific case of the defendant No. 1 that her husband Shamiruddin Ahmed might have created those documents in..

Category: Civil Law | Date: | Hits: 116

Jaymala Baroy @ Shamsun Naher Vs. Dilip Kumer Baroy, 2009, 38 CLC (HCD)

....st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48.......ompleted the age of seven years and of her female child until she has attained puberty. The right continues though she is divorced by father of the child, unless she marries a second husband in which case custody belongs to the father. In such view of legal aspect, if the suit be restored, then it w..

Category: Civil Law | Date: | Hits: 130

Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)

....ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ...... dated 12-11-2003. 7. On appraisal of materials on record it clearly indicates that defendant No. 3, herein opposite party No. 1, has been acting as a Nikah Registrar at ward No. 17. Moreover, the case of plaintiff is absolutely a subject matter of evidence. At present he has no prima facie argua..

Category: Civil Law | Date: | Hits: 92

Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)

.... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......ents should not be directed to delete the name of the petitioner from the CIB Report and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts of the case as stated in the petition are that the petitioner No. 1 is a company engaged in jute mills busi..

Category: Civil Law | Date: | Hits: 121

Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)

.... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......o. 1. Md. Mamunor Rashid with KM Masud Rumy, Assistant Attorneys General - For the State Opposite Party. Criminal Miscellaneous Case No. 1927 of 2002 Judgment Md. Emdadul Huq J. - In this case under section 561A of the Code of Criminal Procedure a Rule was issued calling upon the opposit..

Category: Criminal Law | Date: | Hits: 95

Saudi Bangladesh Services Company Ltd. Vs. Saudi Arabian Airlines Corporation, represented by its Country Manager, 2009, 38 CLC (HCD)

....e. Accordingly, the Award dated 8-4-2006 is hereby set aside. There will be no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.  ......at too, at the stage of making and signing the Award, this Court is not inclined to enter into a discourse regarding the claims and counter claims of the parties or, for that matter, the merit of the case. 6. Mr. Ajmalul Hossain, the learned Advocate appearing for the petitioner, submits at the o..

Category: Alternative Dispute Resolution | Date: | Hits: 385

State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)

.... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ......peal No. 153 of 2005. The reference and the appeals, having arisen out of the same judgment and order have been heard together and are being disposed of by this judgment. 3. The prosecution case, in short, is that on 9-11-1999 at 5.00 PM accused Anwar Hossain and Abu Bakar called and took..

Category: Criminal Law | Date: | Hits: 67

Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)

.... accused acquitted. The fine already paid by the accused petitioners need be re­funded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306........R. Case No.17 of 1985 convicting and sentencing each of the petitioners un­der section 290 of the Penal Code only to pay a fine of Tk. 200/- each with a defaulter order. 2. Facts leading to this case are that the peti­tioners namely Aroj Ali Sarder and Hazera Bibi were found embracing each oth..

Category: Criminal Law | Date: | Hits: 76

Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)

....tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......iled against the order of conviction and sentence passed against the accused petitioner under section 377 of the Penal Code by the trial Court and upheld by the appellate Court. 2. The prosecution case, in brief, was that on 5.5.82. P.W.1 Md. Yunnus Ali went to the house of the accused petitioner..

Category: Criminal Law | Date: | Hits: 92

Chairman, Bangladesh Forest Industries Development Corporation (BFIDC) and another Vs. Md. Hatem Ali and others, 2011, 40 CLC (AD)

....y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ......etitioner filed the Writ Petition and obtained the Rule Nisi. 5. Respondent Nos.2 to 5 filed a joint affidavit-in-opposition controverting the material statements made in the writ petition. Their case, in short is that in filling up the column No 5 of page 3 of his service book, part-1 the petit..

Category: Employment/Service Law | Date: | Hits: 739

Government of Bangladesh and others Vs. Dhaka Match Industries Co. Ltd. and others, 2011, 40 CLC (AD)

....he Rule. Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment. Ed. This Case is also Reported in: ......he Rule. Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 131

Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)

....paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......it-respondent No. 7 by filing separate sets of affidavits-in-opposition. 5. In his affidavit-in-opposition writ-respondent No.7 controverted the material allegations made in the writ-petition. His case, in short, is that the writ-petition involves questions of facts. After filing the same, the wr..

Category: Property Law | Date: | Hits: 79

Government of the People’s Republic of Bangladesh and another Vs. Md. Shahjahan and others, 2012, 41 CLC (AD)

....found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in:  18 MLR (AD) (2013) 1. ......d decision of this Division in Civil Petition Nos. 63-67 of 1999 disposed of with other petitions by judgment dated 27th May, 1998 relied by the High Court Division is applicable to the facts of this case and finally, whether the writ-petitioners have acquired any right of appointment in the service..

Category: Others | Date: | Hits: 138

Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)

....tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ......hold entails very serious consequences. This power has to be used in exceptional circumstances and ought to be used only when the court is absolutely sure that the plaintiff does not have an arguable case at all. A dismissal of suit and a rejection of plaint are not identical terms. A plaint can be ..

Category: Procedural Law | Date: | Hits: 112

Chief Engineer, the Local Government and Engineering Department Vs. Sanjoy Kumar Halder and others, 2011, 40 CLC (AD)

....g been made on proper appreciation of laws and facts do not call for interference. Accordingly, all the leave-petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 174. ......d Imman Ali J Md. Shamsul Huda J The Chief Engineer, the Local Government and Engineering Department LGED Bhaban, Agargaon, Shere-E-Bangla Nagar,Dhaka....................Petitioners (In all the cases) Vs. Sanjoy Kumar Halder and others.......Respondents (In Civil Petition No.767 of 2011)..

Category: Others | Date: | Hits: 172

Ali Hossain Fakir (Md.) and 5 others Vs. Government of the People’s Republic of Bangladesh through the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others, 1997, 26 CLC (HCD)

....olation of the principle of natural justice before the Administrative Tribunal. The applications therefore are summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 231. ......n that they have been removed with stigma on their back without being given an opportunity of being heard as violative of the principles of natural justice is concerned, the Appellate Division in the case of Mujibur Rahman Vs. Bangladesh, reported in 44 DLR (AD) 111 held that the Administrative Trib..

Category: Employment/Service Law | Date: | Hits: 91

Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)

....ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ......it Petition Nos.2197, 2584, 2728, 2831, 2974, 3067, 3189 and 3473 of 1992 are discharged. Cases Referred to- Collector of Customs Vs. Ahmed Hossain and others, 48 DLR (AD) 199; Abdul Hannan’s case, 42 DIR (AD) 167; Mostafa Kamal Vs. Commissioner of Customs and others, Writ Petition Nos.4336 ..

Category: Fiscal/Taxation Law | Date: | Hits: 134

Kamal Miah (Md.) alias Nasim Vs. State and another, 1998, 27 CLC (HCD)

....inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ......he petitioner, the petitioner had no laches. Lastly, he has submitted that once an appeal was admitted, there was no scope for dismissal on the ground of non-supplying of notice because in a criminal case notices are served by the Court and the appellant is not required to furnish any copy of the no..

Category: Criminal Law | Date: | Hits: 63

Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220.......lt to suffer rigorous imprisonment for 1(one) month more. 3. Subsequently the petitioner was arrested on 6‑2‑97 and was produced before the Chief Metropolitan Magistrate. 4. The prosecution case before the trial Court is that, on 15‑5‑89 the accused mentioned in the FIR namely, Mokhles..

Category: Criminal Law | Date: | Hits: 63

Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)

....e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ......he is elected. The petitioner being an elected person has a special status both as a Professor and an elected Dean therefore, Article 52 of the President’s Order 11 of 1973 is not applicable in his case. 7. Mr. Abdul Halim Chaklader, the learned Advocate appearing for the respondent Nos. 2 and ..

Category: Employment/Service Law | Date: | Hits: 120