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Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)

....tes—For Respondents. First Appeal No.153 of 2001. Judgment Nozrul Islam Chowdhury J.- This appeal at the instance of defendant Nos.4-6 is directed against the judgment and decree dated 28-3-2000 passed by the Sub-ordinate Judge, now Joint District Judge and Artha Rin Adalat, Syl...... the plaintiff have been rendered invalid, therefore, the question of declaration of title in their favour on the basis of their registered transfer deeds does not arise at all. 51. On a careful scrutiny of the judgment of the Court we find that the trial Court was of the opinion that the plain..

Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7

State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)

....inal Appeal No.2022 of 2006 (Jail Appeal No.341 of 2006) the appellant Md. Hasibul Hasan alias Loton has challenged the legal­ity and propriety of the Judgment and order of con­viction and sentence dated 17-4-2006 passed by learned Judge of Tribunal, in Nari-o-Shishu Nirjatan Daman Tribunal Case n......led against them and they are dis­charged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ..

Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114

Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)

....Judgment Obaidul Hasan J.- This appeal has been preferred by the appellant under section 10 of the Criminal Law Amendment Act, 1958 against the Judgment and order of convic­tion and sentence dated 13-5-2007 passed by the learned Senior Special Judge, Feni in Special Case No.1 of 2007 convic......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ..

Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7

State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)

....sions Judge, Meherpur for confirmation of sentence of death awarded by him upon the accused Rustom, Rahman and Enamul convicting them under sections 302/34 of the Penal Code by the judgment and order dated 6-2-2006 passed in Session Case No.65 of 2001. Criminal Appeal No.1962 of 2011 and Jail Appeal......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ..

Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8

Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)

.... Md. Zohirul Islam, Advocate-on-Record—For the Respondent No.3. None Represented—For the Respondent Nos. 2 & 4. Civil Appeal No.279 of 2010. (From the judgment and order dated 20-5-2010 passed by the High Court Division in Writ Petition No.8100 of 2009) Judgment ......have been the legitimate expectation of the claimant. A bonafide decision of the public authority reached in this manner would satis­fy the requirement of non-arbitrariness and withstand judicial scrutiny. The doctrine of legitimate expectation gets assimilated in the rule of law and operates i..

Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18

Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)

....cord-For the Appellant. Md. Israfil Hossain, Advocate instructed by Mrs. Sufia Khatun, Advocate-on- Record-For Respondent. Civil Appeal No.28 of 2005. (From the judgment and order dated 15th July, 2002 passed by the High Court Division in Civil Revision No.4631 of 1998). Ju......ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ..

Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7

State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)

....essions Judge, 8th Court, Dhaka for confirmation of sentence of death awarded by him upon accused Matiur Rahman alias Mati convicting him under section 302 of the Penal Code by the judgment and order dated 5-2-2006 passed in Session Case No.276 of 2000. 2. The prosecution case, as projected in ......n the sole testimony of a single witness if believed, and mere interestedness is no ground to reject the testimony of a witness, if otherwise the testimony is free from doubt." 31. On close scrutiny of the evidence of P.W.1 it appears that though he is the full brother of accused but he di..

Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9

Elite Lamps Ltd. Vs. Government of Bangla­desh and others, 2011, 40 CLC (HCD)

....ts. And on 19-10-2005 the Respondent Bank commu­nicated a copy of the resolution to the petitioner. The petitioner company in turn accepted the proposals and informed the Bank addressing a letter dated 19-10-2005. After receiving the acceptance of the deci­sion of the Board meeting Respondent ......ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ..

Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7

Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)

....dent Nos.3-5 (In Civil Appeal No.68 of 2006). None Represented—For Respondent Nos.6-8 (In Civil Appeal No.68 of 2006). Civil Appeal Nos.67-68 of 2006. (From the judgment and order dated 30-6-2003 passed by the High Court Division in Civil Revision Nos.2178 and 2179 of 1991). ......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

Humayun Kabir Patwary Vs. Secondary and Higher Secondary School Educa­tion Board, Comilla and 5 others, 2011, 40 CLC (HCD)

....r thePetitioner. S.M.Monir - For the Respondent No.6. Writ petition No.1636 of 2011. Judgment Md. Enayetur Rahim J.- The writ petitioner obtained the present Rule on 6-4-2011challenging the memo dated 17-2-2011 issued by the respondent No.2 cancellingthe schedule declared on 25-1-2011 by the re......he date of receipt of this Judgment, positively. Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 64 DLR (HCD)(2012) 65. ..

Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5

Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)

....r section 561A of the Code of Criminal Procedure was issued upon the opposite parties to show cause as to why the proceedings of Sessions case No.215 of 2009 arising out of CR case No.406/8 (Naogaon) dated 28-8-2008 under section 138 of the Negotiable Instruments Act, now pending in the Court of Ses...... 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)

....odity International, while the ship Manager of the vessel M. V. ACCORD, appointed the plaintiffs of the instant suits in the employment of the vessel M. V. ACCORD under a written employment agreement dated 2.12.1999 for a period of service of one year from the date of employment, to be expired on 1.......The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87

Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)

....ented- respondent No.2. Criminal Appeal No. 8196 of 2008. Judgment Md. Ruhul Quddus J.- This appeal under section 28 of the Nari-o-Shishu Nirjatan Damon Ain, 2000 is preferred against order dated 9.11.2008 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Jamalpur in Nari-o-Shishu Nirja......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)

.... respondent. Criminal Appeal No. 3504 of 2003. Judgment Md. Ruhul Quddus J.- This appeal under section 28 of the Nari-o-Shishu Nirjatan Damon Ain, 2000 is directed against judgment and order dated 21.8.2003 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Lakshmipur in Nari-o-Shishu Nir...... 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)

....ne represented—For Respondent Nos.1-5 (In Civil Petition No.1159 of 2011). Civil Appeal Nos.11-13 of 2011. with Civil Petition No.1159 of 2011. (From the judgment and order dated the 8th day of March, 2010, 17th day of December, 2010 & 20th day of May, 2010 passed by ......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned broth­er, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ..

Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39

State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)

....nce of the condemned-prisoners. 2. By the above appeals and Rule the appellants and the petitioner have challenged the legality and propriety of the Judgment and order of conviction and sentence dated 28-2-2006 passed by learned Session Judge and Special Tribunal, Jhenaidah in Special Tribunal ......e of Ali Akbor Khan Vs. State 34 DLR 94. 82. We should bear in mind, credibility of testimony, oral and circumstantial depends considerably on a judicial evaluation of the totality, not isolated scrutiny. When dealing with the serious question of guilt or innocence of persons charged with crime..

Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6

M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)

....e imported from abroad and in course of the business the plaintiff intended to import Crude Degummed Soyabean Oil (CDSO) from Argentina and accordingly opened Letter of Credit bearing No. 03990112-C, dated 12.05.1999, through the City Bank Limited, Principal Office, Dilkusha C/A, Dhaka, for import o...... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61

Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)

....ed in Other Class Suit No.13 of 1984 on 14-2-1985 and proceedings of Other Execution Case No.25 of 1985 are illegal, inoperative, and not binding upon the plaintiff with further declaration that deed dated 18-1-1988 in favour of defendant No.7 by defen­dant No.1 as illegal not acted upon and not bi......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

Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)

.... the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to Appeal No.2012 of 2010. (From the judgment and order dated 20.05.2010 passed by the High Court Division in First Appeal No.836 of 1991). Judgment ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..

Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162

Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)

.... the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to Appeal No.2012 of 2010. (From the judgment and order dated 20.05.2010 passed by the High Court Division in First Appeal No.836 of 1991). Judgment ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..

Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7