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Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)
....revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......ssain, Chief Executive Officer, District Council of Gopalganj lodged an first information report with the Gopalganj Police Station against the petitioner and others alleging that while' he was on duty the accused person and his accomplices suddenly entered into his office and asked him to resume..Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ...... debt "on an obligation'. Such agreements were looked upon as grants of debts and the term 'obligation' or 'bond' was used to describe the sealed document which generated the duty to pay and the action was known as the action of debt sur contract. 18. In British India i..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....nt of a Defence Savings Certificate. When the occurrence of temporary defalcation came to the knowledge of the authority the respondent deposited the amount of Taka 6000. He was found to have written excess amount by interpolation for the purpose of alleged misappropriation of Taka 6000 from Account......overnment Servants (Discipline and Appeal) Rules, 1985, Rules 7 and 10 Natural Justice The authority imposing any punishment upon a delinquent staff has a duty to see that he has been dealt with in accordance with law and following the principles of natu..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......hough, enjoins almost a sacrosanct status as a piece of evidence as it comes from the mouth of a person who is about to die and at that stage he is not likely to make a false statement. Court’s duty is to scrutinise the statement and to separate grain from the chaff from the said statement. ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ......izur Rahman and at that time she was carrying for 4/5 months. On 25‑1‑2000 when she was quick with child she went to the aforesaid clinic where she found accused petitioner No.2 Dr. Ruhi on duty along with one nurse of the clinic where she told Dr. Ruhi for taking steps for delivery by ope..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ...... Judgment January 5, 2004. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 265C Section 265C of the Code of Criminal Procedure enjoins a duty upon the Court, to consider the record of the case and the documents submitted therewith and up..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ......y common people, they buy "Aziz Biri" as the product of the petitioner. The petitioner's goods are so much so popular and in demand that his establishment has been paying customs/excise duty annually as high as over 17 crores of taka per year. The opposite party No.2 having an establis..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....e High Court Division could not interfere with the evaluation process as there was no deviation by the authority from the prescribed mode of evaluation and, as such, the High Court Division acted in excess of its jurisdiction in interfering with the decision of the authority in the matter of awardi...... respondent No.4. This was done in contravention of the, condition in clause 14A of the bid document. That writ petition has been filed both to save money of the exchequer and also in exercise of the duty enjoined by Article 21 of the Constitution to protect the public property. 6. The Rule was..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
.... authority and of no legal effect. Thus the Court could interfere only when a person proceeded against has done the act or action taken is vitiated by an act of lack of jurisdiction or by being in excess of jurisdiction. 11. It is now an established principle of law that the Labour ......ction 18(1) of the Employment of Labour (Standing Order) Act and to see as to whether the principle of natural justice has been complied with or not and in disposing of the case the Labour Court is duty bound to arrive at a finding as to whether or not the law, that is, the aforesaid provisions, ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Jashimuddin Vs. State, 2004, 33 CLC (AD)
....cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ...... Sub‑Inspector of Police being the informant lodged a first information report with Belkuchi Police Station on 28‑3‑2000 alleging that he along with others at the time of the petrol duty at night in Mukalgati Bazar found that two persons were going at Mashpati. They challenged them..Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ...... law, life and liberty of citizen and ask the concerned authority to put a halt to the forward march of the continued violation of the fundamental human rights and freedom, we would be failing in our duty to honour the oath we have taken to protect, preserve and defend the Constitution and compel th..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ......ng the appellant No. 2 (Respondent No. 1 in the writ petition) to release the goods imported by the Respondent though the letters of credit mentioned in the writ petition on acceptance of the customs duty and other charges in case so be assessed by the customs authority within 7 days from the date o..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......ence of any express words in the enactment giving such power excluding the application of the principles of natural justice, the Courts are inclined to imply that the power so given is coupled with a duty to act in accordance with such principles of natural justice and the non-compliance with the pr..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......rer by purchase shall exclude the co-sharer by contiguity in the matter of claiming pre-emption of the demised case holding. Sub‑section (6) of section 96 of the Act provides that a duty is cast upon the Court to decide the claim of the co-applicants and to determine the prop..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ...... public sector enterprises. The learned Counsel has submitted that Bangladesh Biman has within itself number of establishments and work of these establishments being not the uniform one and, as such, duty, right and privilege of one establishment cannot be compared with another establishment and con..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......he Chairperson of the AGM to be held for the defaulting years. The power of the Court under these sections 81(2) and 85(3) of the Companies Act are not merely procedural or forward. The Court has a duty to decide under the circumstances the practicality and efficacy of the meeting in view of the ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ......ted 24‑11‑94 and 4‑12‑94 it will be obvious that the members of the Board refused the registration, in order to acquire the 22,000 shares for themselves, in violation of the duty of the Directors to act bona fide in the interests of the Company. 14. It is furt..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
.... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ......he social conditions obtaining in this country, the principle falsus in uno, falsus in omnibus cannot be made applicable to the administration of criminal justice and therefore Courts are under a duty to sift "chaff from the grain." In the light of the decision reported in PLD 1973 S..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316