Search Options

Judgment Advanced Search

Displaying 381-400 of 6947 results.

Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)

....no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ...... trial. Moreover, charge has not yet been framed in the instant case. The Tribunal is fully competent to see whether the materials before it are satisfactory to proceed against the petitioner. In any view of the matter, we do not find any reason to interfere with the proceedings at this stage. Th..

Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158

Government of the People's Republic of Bangladesh & another Vs. Shahjahan & others, 2012, 41 CLC (AD)

.... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 113. ......egard to their "possible absorp­tion/appointment to specified posts on the basis of the nomination letter issued by vide memo No. SAMA. DS (SP)/MA-2/2469/73-1891 dated 5-11-1985" with a view to seeking redress for their griev­ances. 4. Those are mere observations of the High C..

Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151

Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)

....rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74.     ......uitted the fresh petition of complaint is not barred under the law. The above finding of the learned Additional Sessions Judge is very much consonant with the provision of law. As such, we are of the view that in passing the impugned judgment and order the learned Sessions Judge did not commit any e..

Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7

AHM Kamruzzaman Khan Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other, 2012, 41 CLC (HCD)

....e Code of Civil Procedure and holding that the suit is barred by law and the instant suit is not maintainable according to the provision of section 3 and 43 of the Companies Act, 1994 said finding is erroneous, if the companies Act, Rule and Rulings are read together, impugned order is not sustainab......s Act. The judgment and decree passed by the learned Joint District Judge is well reasoned in terms of law, facts and the materials in record, there is no reason to interfere with it. 15. With a view to appreciate the submission made by the learned Advocates from both sides, we have to consider..

Category: Company Law | Date: 19 Mar, 2012 | Hits: 689

Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)

.... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ...... in respect of the suit property and aforesaid finding having been made by the trial Court on con­sideration of oral and documentary evidence, the High Court Division erred in taking a contradictory view regarding the said power of attorney without considering the oral and doc­umentary evidence an..

Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119

Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)

....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......ithout adverting to the findings arrived at as regards acquisition of title and possession of the suit lands by the appellants. On consideration of the fact and circumstances of the matter, we are of view that the High Court Division erred in law in disbelieving the appellants title in the suit land..

Category: Others | Date: 18 Mar, 2012 | Hits: 5

Commissioner of Customs and another Vs. Equity Construction Pvt. Ltd., 2012, 41 CLC (AD)

....extended till disposal of the appeal. Let this appeal be heard along with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ......were restricted items under Article 1.4 of the import policy order 2006-2009. Feeling aggrieved by the said order the writ petitioner moved the High Court Division. The High Court Division was of the view that the writ petitioner is a devel­opment company which is an industry and since it imported ..

Category: Fiscal/Taxation Law | Date: 15 Mar, 2012 | Hits: 87

Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)

.... in relation to the petition­er Let a copy of the Judgment be sent to the con­cerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ......nherent power to quash any proceeding Judgment or decision of any Court/Tribunal subordinate to it. But this power must be exercised very sparingly cautiously and only in exceptional cases keeping in view the facts and circumstances of each and every extra ordinary power has to be pressed in aid whe..

Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215

Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)

....om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......mits that though in the pres­ent Rule the petitioner has challenged the attempt of Dhaka City Corporation to allot temporary shop to the Hawkers who are admittedly trespass­er, but in fact in view of the statements so made in the affidavit in opposition Dhaka City Corpora­tion has alread..

Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2

Swadhin Chandra Mandal and others Vs. Bangladesh University Grants Commission (UGC), 2012, 41 CLC (HCD)

....gy University be allowed to continue with their regular studies accordingly. However, there shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 166. ...... admission is the said program, the PSTU, violating the said order, proceeded with the admission process on 10-12-2011. 4. By filing a supplementary-affidavit on 19-2-2012 the UGC stated that in view of the fact  that the petitioner No.1, sibling of Swadhin Chandra Mondal, has already been..

Category: Others | Date: 14 Mar, 2012 | Hits: 5

Industrial Promotion and Development of Bangladesh Limited (IPDC) and another Vs. Mrs. Mohsina Rahman and others, 2012, 41 CLC (AD)

....r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing. Ed. This Case is also Reported in: 9 ADC (2012) 865. ......heard the learned counsel of both sides and perused the materials on record. Admittedly Civil Appeal Nos.447 of 2007 and 307 of 2008 are pending to examine the questions involved in this petition. In view of the above, we are inclined to grant leave to the petitioner as under: "I. For that..

Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7

Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)

.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12.  ......r of allotment or in the BSIC Lease Deed Preforms, the decision of the Chairman BSIC as Arbitrator shall be final and binding upon you and no civil Suit shall be thereof." 15. We are of the view that plaintiff got the allotment letter from defendant No.1-3 as per the terms and condition wh..

Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10

Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)

.... appeal below. These petitions are disposed of with the above observa­tions and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ......e High Court Division concurrently found that the cases were filed within the statutory period of limitation and that the com­plainant had been able to prove the charge against the petitioner. In view of these findings the learned Advocate-on-Record finds it difficult to assail the judgments as ..

Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122

Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)

....al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ......xpression bears the same meaning as being not surplus employees. 26. On the second issue the report of the IO is contradictory, so far signature of Abdul Quiyum Bhuiyan is concerned. 27. In view of the above we hold that the investigation conducted by the IO was incomplete and further inve..

Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9

Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)

....of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......n and Senior Assistant Secretary named ASM Aziz, of the Land Ministry, with­out verifying the antecedents of the accused-petitioners, obtained the approval of the higher authorities, and issued interview letters and finally the accused-petitioners were appointed to various posts under the Land Mini..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37

Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)

....btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......n in limine. 6. Section 30 of the Arbitration Act speaks, as per Article 158 of the Limitation Act if award is challenged it is to be filed within 30 days. All the Courts of this Subcontinent took view that Arbitration Act being a special act, 30 days provi­sion is mandatory not directory. Any a..

Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316

Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)

....riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......to quash any proceeding Judgment or to set-aside decision of any Court/tribunal subordinate to it. But this power must be exercised very sparingly, cautiously and only in exceptional cases keeping in view the facts and circumstances of each and every case. The inherent power which are in the nature ..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117

Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

.... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ......spondent No.1 to his former post as no business is carried out by a liquidated company and that the business and com­mercial activities of the company come to an end with its liquidation and in that view of the matter there was/is no scope to rein­state respondent No.1 to his former post in the Ne..

Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238

Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)

....n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......nd set aside the judgment and order of the Election Tribunal on the finding that the appellant was not a loan defaulter. The Election Appellate Tribunal condoned the delay in filing the appeal on the view that the delay in filing the appeal was caused due to the filing of the appeal earlier in a wro..

Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208

Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)

....ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......injuries at 3.30 p.m. on that day. The further case of the prose­cution is that, the accused persons at the instance of Golam Mawla and Nurul Islam, at a secret meeting at night, made a plan, with a view to take forcible pos­session of the disputed boundary and also construct a wall. The accused p..

Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78