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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......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......tly, the respondent-BTRC vide Memo dated 08-4-2004 (Annexure-E 1) cancelled the licence for frequency dated 10-3-2004 on the ground that the appellants had failed to pay money as per the demand note within the stipulated period. 5. Thereafter, the appellants challenged the aforesaid Mem..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
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...... 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......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. ..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
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. ..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......Mr. Justice Imman Ali in that judgment made a finding in respect of power of attorney executed by the defendant No. 2 appointing the D.W.1 one Mr. Aftab Hossain. From the aforesaid finding this court notes that the question as to the genuinity or the authority under the power of attorney, executed b..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......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
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......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...... 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
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
...., AIR 1968 SC 117; State of Bihar Vs. AC Saldana, AIR 1980 SC 326; Madhavrao Vs. Sambhajirao, AIR 1988 SC 709; Lai Mandi Vs. State of WB (1995) 3SCC 601; State of Himachal Pradesh Vs. Shri Pirthi Chand, AIR 19% SC 977; State of Kerala Vs. OC Kuttan, AIR 1999 SC 1044; Government of Bangladesh Vs.......not be entertained to circumvent a statutory procedure. There are, however, exceptions to the rule. Without attempting an exhaustive enumeration of all possible extra-ordinary situations we may note a few of them. Inspite of an alternative statutory remedy, an aggrieved person may take recou..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....ated that he visited the spots but the locals did not specifically mention the name of exploders and he did not mention the name of the accused in ejahar. He stated that ejahar was not written by his hand but his dictation and he could not remember who has written the, seizure lists. 19. P.W.2,......uot; defined confession as an admission made by a person charged with crime staring or suggesting the inference that he committed the crime. Confession as to the meaning of "Confession" was noted by the Privy Council in the case of Pakala Narayan Swami Vs. The King Emperior reported in AIR..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
....out of which the plaintiff is entitled to 10000 M.T. of CDSO and as such the defendant No.1 vessel is liable to compensate the plaintiff for the short fall of 76.076 M.T. of CDSO. 16. On the other hand the learned Advocate Mr. Muhammad Ohiullah argued that the Ullage survey report at the load por......ial substantive law of Limitation as it provided for extinguishment of the liability of the Carrier for short delivery due to failure of non-service of notice within three days. Therefore, this court notes that the alleged negotiation for compensation by the plaintiff with the defendant No. 4 does n..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....endant No.14 there is no mention of baina, there is no mention of 6 dags in kabala'. It is observed by the learned Sub-ordinate Judge that price of land shown in the baina at Take 12,000 on the other hand, in the exhibit, it is showing at Taka 20,000 as price in the kabala and plaintiff's Advocate s......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. ..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)
....June 15, 2011. Result: The appeal is allowed. Cases Referred to- Abdus Samad & others Vs. Md. Sohrab Ali and others, 33 DLR (AD) 113; Abdur Rashid Sarker (Md.) and others Vs. Dines Chandra Das and others, 58 DLR (AD) 159; Samad Sikder @ Somed Sikder Vs. State, 50 DLR (AD) 24; Nowbu......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....shall totally make the section itself nugatory……………………(12) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record- For the Petitioner. Mrs. Mahmuda Begum, Advocate-on-Record- ......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
....eading towards the place of occurrence from Dhaka. At the time of searching the baby taxi, 5 suspected persons tried to flee away from the baby taxi. However, the informant and others caught them red handed and carried out a search and recovered a pipe gun loaded with one round bullet from the waist......…………....................Opposite Party Judgment June 7, 2011. Result: The Rule is discharged. No time bar for section 561A It is pertinent to note that the inherent power under section 561A of the Code of Criminal Procedure can be invoked at ..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....s. Md. Kabir Hossain and others...........Respondents Judgment June 6, 2011. Cases Referred to- Abdus Salam Master alias Salam and another Vs. The State 36 DLR (AD) 58; Jotish Das Vs. Chandan Kumar Das, 4 BLT (AD) 258. Lawyers Involved: Not represented- the appellant. Shah Ab......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....- State Vs. Mozammel and others, 9 BLC 163; Rokeya Vs. State, 5 BLC (AD) 86; Abed Ali Mia Vs. Islam Miah, 12 DLR 578; S.M. Faruque Vs. state, 28 DLR 192; State Vs. Azharul Islam, 3 BLD 387; Gopal Chandra Vs. State, 9 BLD 358; Nawsher Mollah Vs. State, 11 BLD (HD) 295, 39 DLR 16; State Vs. Manu Mi......ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
....s, 25 DLR 485; Mir Golam Kibria Vs. Rayn Promatha Deb Ray, 39 DLR 586; Kanta and another Vs. Goya Proshad, AIR 1972 All 143; Khawaja Neamatullah and another Vs. Khurshidi Begum and others; Shyamal Chandra Roy Vs. Probhat Chandra Roy, 51 DLR 504; Shahabuddin Ahmed Vs. Upazila Education Officer, B......fect which is in no way affect the merits of the case i.e. a defect of form not a defect in the merits of the case. 'formal defect' must be given a wide and liberal meaning and must be deemed to connote every kind of defect which does not affect the merit of the case, whether the defect be fatal..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
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