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Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)

....a bleeding condition (from her female organ) and that her pant was soaked with blood. The victim was taken to home and on the following day she was taken to hospital. She knows the convict from beforehand. During cross examination by the defence, she stated that six children were playing together. A......ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55...

Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154

Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....w concept in Bangladesh. 6. In this regard it may be noted that the main function and operation of a mobile company is to establish networking for telecommunication services for by use of mobile handsets fitted with activated and operational SIM. Accordingly under a separate agreement between t......etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ..

Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174

State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)

....নকে মারপিট করিয়া হত্যা করার ঘটনা প্রমাণে সক্ষম হইয়াছে”। 4. The High Court Division, on the other hand, observed that there is no eye witness of the occurrence, that none saw the accused-respondent ......kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ..

Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126

Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....to have been closed but without doing so the respondent proceeded with enquiry which is without jurisdiction and, as such, illegal. 14. Mr. Mohammad Habibullah, the learned Counsel, on the other hand, submitted that Rule 7(5) clearly states that even on the selfsame allegation inquiry can be he......order as to cost. The order impugned against is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 67. ..

Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182

Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)

....c diseases like TB, Bronchitis etc. and that about 30 workers died in the last five years suffering from TB and Bronchitis among whom seven were children. 3. In Bangladesh a ‘bidi’ refers to a hand-rolled ‘cigarette’, i.e. tobacco rolled in paper, usually in an almost conical shape. In th...... (2011) HCD 36, 8LG (2011) HCD 1. ..

Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261

Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)

....Artha Rin Adalat Ain, 2003 and, as such, the Adalat acted without jurisdiction in allowing the same. 7. Ms. Hosne Ara Begum, the learned advo­cate appearing for the Sonali Bank, on the other hand, submits that no summons of the suit having been issued or served upon the Sonali Bank, this sh......eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ..

Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2

Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)

....nce on record, law and materials on record. ...................(20) Cases Referred to- Noorjahan Begum Vs. Mahmudur Rahman Mullick and others, 34 DLR (AD) 61; Santosh Kumar Dey Vs. Hiron Chandra, 15 BLD 221; Nur Mohammad Khan and others Vs. Government of the People's Republic of Banglad......he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ..

Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4

Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)

....mple question of law and thereby most illegally decreed the suit in favour of the plaintiff and as such the impugned judgments of 2 (two) Courts below are liable to be set-aside. 9. On the other hand, Mr. Jamal Uddin Ahmed, the learned Advocate appearing for the plaintiff-opposite party support......ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ..

Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38

S.M. Saiful Hasan Vs. Director General, Bangladesh Sugarcane Research Institute and others, 2010, 39 CLC (HCD)

....r on 6.7.2002 as additional responsibility. Subsequently, a regular appointee having been appointed on 27.4.04 the petitioner was released from the said post, but with malafide intention he did not hand over the charge. That the said issue was also discussed in different meetings of the Managemen......here will be no order as to costs. The order of stay granted earlier by this court stands vacated. Zubayer Rahman Chowdhury J. - I agree. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5

Mohi Ahmed Chowdhury Vs. Kashipur Tea Estate Company Limited and others, 2010, 39 CLC (HCD)

.... decree drawn up it is not within the ambit of this Court of readmit the appeal on an application under Order XLI Rule 19 of the Code of Civil Procedure as it reached its finality. In the case in our hand it appears that decree has already been drawn long before. Section 2(2) of the Code define decr......ssal for default. In the result, this application is rejected. Md. Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 309; 18 BLT (HCD) (2010) 415. ..

Category: Procedural Law | Date: 18 Jul, 2010 | Hits: 140

Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)

....contended that since in this case no order for Civil imprisonment of the Judgment-debtors was passed the impugned orders issuing warrant of arrest against them have been illegal. 7. On the other hand, the learned Advocate for the respondent bank has mainly argued that this writ petition is not ......law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ..

Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48

Bangladesh Legal Aid and Services Trust and Others Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

.... Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1....... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1...

Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335

Chairman, National Board of Revenue (NBR) Vs. Advocate Zulhas Uddin Ahmed and others, 2010, 39 CLC (AD)

....ny consideration then the question relating to imposition of VAT will not arise. Moreover, the private practice of doctors having MBBS/BDS or similar medical degree is exempted from VAT; on the other hand, the private practice of the specialized doctors has been made Vatable if and when they charge ...... of the learned Assistant Attorney General appearing for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52. ..

Category: Health Law | Date: 8 Jul, 2010 | Hits: 376

Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)

....ther statutes the learned Advocate referred to the case of Yakub Ali Vs. Arabjan Bibi, reported in 5 DLR1; the case of Fazlur Rahman Vs. Abdul Jabbar Jamader, reported in 7 DLR 49; the case of Sarat Chandra Majumder Vs. SM Ham Sundari De, reported in 10 DLR 289; the case of Syed Tarab-uddin Vs. Kali......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

Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)

....is found that the bainapatra is executable then next, a decree must be awarded for execution and registration of the same. If there be any ambiguity in executing the same, the Court then lifts its hands off to pass a decree. A contract is specifically enforceable when it is a concluded contract,......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ..

Category: Property Law | Date: 12 May, 2010 | Hits: 133

Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)

....while they were in khas posses­sion with title gave pattan of the suit land to the plaintiff on 5th Jaistha, 1342 B.S. The ex-rent receiver granted an amalnama to the plaintiff and on taking rent handed over delivery of possession to the plaintiff of the suit land. The plaintiff has been in poss......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ..

Category: Evidence Law | Date: 10 May, 2010 | Hits: 161

Most. Johura Begum alias Mosammat Johara Begum Vs. Alhaj Abdur Rob Bhuiyan and others, 2010, 39 CLC (HCD)

.... illegally rejected the application for addition of party in a summery manner which resulted in the failure of justice and as such the impugned order is liable to be set-aside. 7. On the other hand, Mr. Md. Abdul Quadir Talukder, the learned Advocate appearing for the defendant-opposite par......ndant Nos.1-3 Md. Nurul Haque Sheikh is added as defendant No.5 in the suit. Let a copy of this Judgment be sent down at once. This Case is also Reported in: 17 MLR (HCD) (2012) 409. ..

Category: Procedural Law | Date: 9 May, 2010 | Hits: 4

Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)

....urrendered before the said Court on 5-5-2009 and obtained bail. That the accused-petitioner filed an application under section 265C of the Code of Criminal Procedure to discharge him from the case in hand on 5-5-2009 and another application under the same section for discharging him from the instant......ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510...

Category: Banking Law | Date: 6 May, 2010 | Hits: 573

Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....rder is not only illegal as well as contrary to the provisions of Order IX Rule 13 C.P.C and also perverse and cryptic in nature and as such the same is liable to be set-aside. 9. On the other hand, Mr. Arobinda Kumar Roy, the learned Assistant Attorney-General appearing for the opposite pa......ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ..

Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4

Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)

....9 As per decision of the Appellate Division no property can be declared as enemy property or abandoned property after 1969. It can be relied upon the case of Government of Bangladesh Vs. Paresh Chandra Gharani, 50 DLR(AD) 70 wherein it has been held that when the Government failed to prove the ......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ..

Category: Property Law | Date: 26 Apr, 2010 | Hits: 9