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ECOM Agroindustrial Corporation Ltd. & another Vs. Mosharaf Composite Textile Mills Ltd, 2014, 43 CLC (HCD)

....hrough arbitration expeditiously. The order of injunction granted earlier by the trial Court is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 330   ......hrough arbitration expeditiously. The order of injunction granted earlier by the trial Court is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 330   ..

Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7

Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)

..... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ......ining issue is the legitimacy of the child Md. Biman and his maintenance. In con­sideration of the importance and sensitivity of the issue and the opposite views taken by the courts below, I have carefully perused the materials on record including the evidence adduced by the par­ties. 3..

Category: Women and Children | Date: 19 May, 2014 | Hits: 29

State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)

....l Quader, the hiring of killing squad, the preparation and the implementation of the plan. It corroborates the time, the place, the man­ner of occurrence, the injuries caused by fire arms and the medical evidence which corroborates the injuries. This confession is good and sufficient so far the ......een recorded as ‘আর দেশে আসা যাবে না’). Accused-Lawrence told that Moulana Abdul Quader tried to kill him, so he asked to give him the responsibility to take care of him. Accused-Thandu Member also told to give the responsibility to accused-Lawrence. Then ac..

Category: Criminal Law | Date: 14 May, 2014 | Hits: 16

Sharif Miah Vs. Rina and anothers, 2014, 43 CLC (HCD)

....r shall also be fur­nished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16   ......r shall also be fur­nished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16   ..

Category: Civil Law, Women and Children | Date: 3 May, 2014 | Hits: 5

Ibrahim Vs. State, 2014, 43 CLC (HCD)

.... P.W. 2. His evidence is full, complete and self-con­tained. It may not have received corroboration from other witnesses, but it stands fully corroborated by the circumstances of the case and the medical evidence on record. Its fullness and completeness are enough to justify the conviction."......m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289   ..

Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17

Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)

....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208.   ......pinion that the news report published in the daily 'Bhorer Kagoj', impugned before the High Court Division, certainly had the effect of scandalizing the justice delivery system. However, upon care­ful, scrutiny of the full reports we are inclined to accept that the report in the daily &#..

Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16

State Vs. Arman, 2014, 43 CLC (AD)

....rman on ad-interim bail for a period of 6 (six) months in Nari-o-Shishu case No.148 of 2011 pending before the Nari-o-Shishu Nirjatan Daman Tribunal, Narsingdi for trial. We have perused the FIR, the medical report of the victim and other materials on record. 2. Learned Attorney-General argued ......ason and also without hearing the informant. 5. In granting bail the court should not be oblivious of the trend of rising similar nature of offences in the country. The exercise of power must be carefully balanced and weighed in the scale of justice. In such cases the Courts are bound to exerci..

Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4

Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)

....hereinbe­fore. The Artha Rin execution case in question (No.560 of 2004) shall stand sat­isfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207.   ......hereinbe­fore. The Artha Rin execution case in question (No.560 of 2004) shall stand sat­isfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207.   ..

Category: Others | Date: 24 Feb, 2014 | Hits: 15

BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)

.... brief, are: The writ-petitioner-appellant is a public limit­ed company, which carries on the business of manufacture, sale and distribution of oxygen and dissolved acetylene, industrial and medical gases including nitrogen and of all plant, machinery, equipment and accessories for dealing ......y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372     ..

Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5

Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)

....as neither properly exhibited nor was it filed in the trial Court and that the victim denied making any affi­davit. The High Court Division having considered the evidence of doctor, P.W.9 and the medical report, exhibit-1 found that the age of the victim was about 17 years on the date of her exa......d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ..

Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

.... say, he says that he has identified the accused by face in darkness, or that he has recognized his voice from a mile away, or that he has seen the accused killing the deceased with a dao whereas the medical evidence proved that the deceased succumbed to bul­let injury; (b) his deposition is con......ted, or otherwise, to the party on whose behalf he gives evidence. 49. An eye witness who is a relative of the victim is a competent witness but his evidence cannot be accepted without close and careful examination if it is found that other witnesses were present at the scene of crime but the p..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15

Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)

.... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ...... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ..

Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24

Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....nded serial No.2, clause-Kha of the 2nd Schedule of the VAT Act,1991(Act No.22 of 1991) so far as it relates to imposition of VAT(Value Added Tax) upon the Besarkari Medical College(non government medical college) vide Finance Ordinance No.10 of 2007 published in gazette on 28.06.2007 at page 67......fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24

AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)

....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3

SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)

....he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......e penal consequences of sec­tion 138 of the Act may give instruction to his banker for stoppage of payment. All those are the questions of fact and a conclusion in either way can only be drawn on careful scrutiny of the evi­dence led by the parties. Issuance of stop payment instructions to t..

Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12

Proshanta Kumar Sarkar Vs. Managing Director, Agrani Bank Ltd Head Office and others, 2013, 42 CLC (HCD)

....costs. The order of stay granted earlier is vacat­ed. Communicate a copy of the judgment to the bank concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 50. ......he property has not yet been delivered to the bank or the auction purchaser pursuant to execution of sale deed, the dispute may be settled by the bank with the consent of the auction purchaser taking care of the purchaser's interest by way of execu­tion of a deed of reconveyance by the purch..

Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8

State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)

.... rape. 17. Description "Fifthly" under section 375 clearly indicates that sexual intercourse with a child below the age of 14 is rape whether it is with consent or without consent. The medical report clearly shows that the victim was habituated to sexual intercourse and, therefore, wh......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority deci­sions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ..

Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7

Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)

....allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ...... of today, the Administrative Tribunals Act, 1980 is a self-contained and com­posite legislation. Both the execution of the decisions and orders of a Tribunal and violation thereof are well taken care of by the legislation. It does not need the additional umbrella of this Court's jurisdictio..

Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....& Chemical Plant, Delhi. In Paramanand Katara Vs. Union of India, (1990) 1 SCC 613, Supreme Court, on a PIL petition, issued direction to the Government that every injured person brought for medical treatment should immediately be given medical aid without waiting for police formalities. In......169... it is the clear that the power of judicial review is a cardinal principle of the Constitution. The Judges, to keep the power of judicial review strictly, judicial in its exer­cise, do take care not to intrude upon domain of the other branches of the Government. It is the duty of the judic..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)

....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......ernal management of the respondent No.1 company; that it is submitted that, as required under section 41 of the Transfer of property Act 1882, as a purchaser the respondent No. 7 had taken reasonable care to ascertain the title of the respondent No. 6 company to the scheduled com­pany and had ac..

Category: Company Law | Date: 24 Jul, 2013 | Hits: 10