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Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....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. ...... 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 Haque Vs. State reported in 60 DLR (AD) 1 she submits th..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
.... 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. ......will be decided in the trial Court. We find support of the above view in the case of Nizamuddin Vs. Abdul Hamid reported in 60 DLR (AD) 145. 16. In this connection we may also profitably refer the decision in the case of Ali Akkas Vs. Enayet Hossain reported in 17 BLD (AD) 44 = 2BLC (AD) 16 where..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....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. ......1)72011-330 dated 26-5-2011 (Annexure-M) issued by the Bangladesh Telecommunication Regulatory Commission (BTRC) (respondent No.2) under the signature of the respondent No.8 refusing to implement the decision/verdict of the Review Panel-01 dated 8-5-2011 (Annexure-I) regarding appointment of Charter..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)
....not call for any interference by this Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ......h meeting the circular dated 11.08.1966 providing for one-step-out-of-turn promotion on obtaining a Bachelor degree/AMIE was suspended but at the 162nd Board meeting of DESA held on 26.11.2000, the decision of the 28th meeting was held in abeyance while according approval of one-step-out-of-turn p..Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
.... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ......ed for the reason only that it lacks detailed discussion. Mr. Abdul Quiyum has argued also that the High Court Division ought to have considered the evidence and materials on record and given his own decision instead of sending back the appeal on remand. That the evidence and other materials and f..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....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. ......h Court Division in this regard. One Bench relying upon the case of State of Haryana Vs. Bhajan Lal, AIR 1992 SC 604, Dhaka Ware House Ltd. Vs. Assistant Collector, 11 BLD (AD) 227 and some other decisions of this Division held that the writ petitions are not maintainable and another Bench upon..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ...... 12 DLR (SC) 156. 65. As there is no independent corroborative evidence against the aforesaid 12 co-accused who were implicated by the confessions of co-accused and in view of the aforesaid decisions their conviction cannot be sustained in the eye of law. 66. Let us now consider wheth..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
.... 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: ......y the parties. 9. Issue No.1: The maintainability aspect of the suit. Although the issue has not been pressed by the parties so seriously, yet as the same involves question of law, it requires decision. To maintain such suits under Admiralty jurisdiction Section 3(2) (ja) of the Admiralty Cou..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....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. ......e as in Other Suit No.47 of 1991 there are 4 schedule and out of that 4 schedule, in Other Suit No.42 of 1992 one schedule has been incorporated. Learned Advocate for the opposite party relied on the decision of Md. Moslemuddin Vs. Md. Jonab Ali, 17 BLD (AD) 328 = 50 DLR (AD) 13 wherein it is held t..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)
....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. ...... on appear over a finding of fact. It is concerned with the question as to whether the appellate court in giving a particular finding has committed any error of law resulting in an error in the decision occasioning failure of justice or such finding is found to have resulted from glaring misco..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....hall have the liberty to file a petition of complaint before the competent Magistrate against the drawer of the cheque, of course, by complying with the proviso to sub-section (1) of section 138. The legislative mandate as used in clause (a) of sub-section (2) of section 123A of the Act, 1881 that w......ded as to whether the accused-petitioner issued the dishonoured cheque or not. He has lastly contended that at least the proceedings of the sessions case in question is required to be stayed till the decision of the said title suit, otherwise, the suit shall become infructuous. 6. On the above..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
.... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ......is of doubtful, is liable to be quashed. He empathically submits that though Cocktails allegedly recovered from the possession of the petitioner were not examined by any explosive expert to come to a decision as to whether the alleged Cocktails were really Cocktails or not and, as such, the impugned..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....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: ......f Abdus Salam Master alias Salam and another Vs. The State reported in 36 DLR (AD) 58, 65 and advanced his submission for continuance with the trial. The learned Judge without distinguishing the said decision of the Appellate Division, ignored it only by saying that “the case law does not match ex..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....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: ......ightly and lawfully found the accused appellant guilty of the offence punishable under section 10 of the Nari-O-Shishu Nirjatan Daman Ain, 2000. The learned Assistant Attorney General referred to the decision in the case of Rokeya Vs. State, 5 BLC (AD) 86 and submitted that sole evidence of one eyew..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ......settled from pleadings. Formal defect includes every kind of defect 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. In the full Bench decision of Ramras Vs. Appanna, AIR 1940 Bom. 121 (FB) it is held that expression 'formal defect' m..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)
....ule is herby vacated. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in:......by practicing fraud upon the Hon’ble Court and, as such, for the ends of justice the instant Rule may be discharged. In the said counter affidavit the opposite party Nos. 1-3 referred an unreported decision passed in Civil Rule No.683 (con) of 2007, where delay of 389 days occurred in filing the C..Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ...... Judgment Farah Mahbub J. - In this Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the decision of respondent no.3, communicated under memo no. IMED/CPIU/RP-01/90-2011/151 dated 10.02.20..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....rified, in the following words:— "Who constitutes a promoter in any particular case is therefore a question of fact. The expression has never been clearly defined either judicially or legislatively, despite the fact that it is frequently used both in decisions and statutes. So far as......ered the applications in both matter Nos.61 of 2010 and 62 of 2010, affidavits-in-opposition by respective parties and the Affidavits-in-Reply filed by the parties provision of law, decisions as referred to and heard the learned counsels for the contesting parties. 50. Both th..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......y. c) The Ordinance was made for the benefit of the offenders which is not permissible tinder the Constitution and volatile of Rule of Law. d) The impugned Ordinance is a result of a policy decision of the Government, as such, is violative of Article 58D (1) of the Constitution. e) Th..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... that such a course of action would be more advantageous than a Court sale. The 1st and 2nd proviso to sub-rule (2) also specify the procedure to be followed after granting of Certificate. 15. The legislative intent of rule 83 is to facilitate, and not to obstruct, the satisfaction of the decree ......ers.................................Respondents Judgment May 16, 2011. Result: The Rule is made absolute. Case Referred to- SDS Dairy Limited Vs. Bangladesh and others. ( unreported decision) Lawyers Involved: Shah Md. Munir Sharif with Mohammad Imran Jahangir, Advocate - For..Category: Banking Law | Date: 16 May, 2011 | Hits: 179