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Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
.... upon a decision of this Division given in the case of Abdul Rashid and another Vs. Abdur Barek and other, 35 DLR (AD), 162 for the proposition that date of knowledge of the ex-parte order will be relevant when the summonses of the pre-emption miscellaneous case were duly served upon the pre-em......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. ......n J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Asgar Ali........................................Appellant Vs. Md. Shahidul Islam P.K. and others .........Respondents Judgment November 15, 2011. Result: The appeal......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)
....stated that at the time of occurrence he was sleeping. Having heard the scream of the occurrence he awoke and found accused Matiur Rahman @ Mati to strike dao blows on the person of the deceased. The relevant portion of the evidence of P.W.1 runs as follows “আমাদের বাড়à§......t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ......ase proving of motive is an essential element to find the accused guilty where there is evidence of the occurrence. Where there is sufficient direct evidence to prove an offence, motive is immaterial and has no vital importance. ................. (28) Motive not a necessary ingredient of an off......t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Mizanur Rahman Bhuiyan J Hafizul Islam Chowdhury (Md.)................Petitioner Vs. Bangladesh and others …………………………..Opposit......r over the suit land. Accordingly, he has dug 4(four) ponds, established an Agro-Farm and he took loan from the Krishi Bank as well as Islami Bank Bangladesh Ltd. It is further stated that all of the documents i.e. the sub-kabala deed, power of attorney, Bank loans etc. have been marked as exhibited..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of BanglaÂdesh and others, 2011, 40 CLC (HCD)
....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. ......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. ......ecial Original Jurisdiction) Present: Md. Ashfaqul Islam J M Moazzam Husain J Elite Lamps Ltd……………………………Petitioner Vs. Government of BanglaÂdesh and others……………………………….Respondents Judgment October 16, 2011. ...... Respondents to implement the deciÂsion No.880 of the 1st and 4th September, 2005 of its Board of Directors and to write off the entire liaÂbilities connected with the loan and return the charge documents and the mortgaged properties by redemption and also to withdraw the suit. 3. Facts a..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
.... dated 2.11.2009 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Narshingdi in Nari-o-Shishu Nirjatan Damon Case No.201 of 2009 rejecting a naraji petition filed by the complainant. 2. Facts relevant for disposal of the appeal, in brief, are that the appellant as complainant filed a petitio...... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... ...... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....uld not entire into the first information report and charge sheet in order to appreciate whether the facts alleged therein constitute any offence or not." (underlined by me) 11. It would be relevant to mention in this context that the Appellate Division while deciding the ratio decide......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. ......n Magistrate Court, Dhaka against the petitioner in Motijheel Police Station Case No.19(3) 1993 should not be quashed. 2. At the time of issuance of the Rule the accused-petitioner obtained bail and the proceeding as stayed. 3. The facts leading to the Rule in short are as follows: On......ioner, the owner of Messrs Famous Metal Products, has a CD account No.710 who stood as guarantor for the aforesaid money on behalf of the said Labu Miah; that the aforesaid persons never released the documents from the bank nor paid the aforesaid amount; that on proper inquiry is found that the Ahme..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....he Deputy Commissioner, Narayanganj to show cause as to why the proceedings in CR Case No.415 of 1993 pending in the Court of Thana Magistrate, Narayanganj should not be quashed. 2. Short facts, relevant for the disposal of the Rule, are that the complainant-opposite party No.1 filed a Petition......the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ...... Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Hafiz J Aslam (Md.)..........................................Accused-petitioner Vs. Md. Salauddin and another…………..........Opposite-Parties Judgment September ......ncy Act, 1950 is not a court, although the same officer acting in a proceeding under section 144 of the said Act is a court in view of Rule 39 of the Tenancy Rules, 1955. Therefore, filling of forged documents before the Revenue Officer acting under section 143 in mutation proceeding does not invoke..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
....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.
......fficerdeclared schedule of election for the managing committee of the school inquestion and as per schedule the candidates, of various categories includingthe present petitioner, submitted nomination papers which were scrutiÂnized on5-2-2011 and the election committee declared the name of the valid......Court
High Court Division
(Special Original Jurisdiction)
Present:
Md. Bazlur Rahman J
Md. Enayetur Rahim J
Humayun Kabir Patwary………………………………Petitioner
Vs.
Secondary and Higher Secondary SchoolEducaÂtion Board, Comilla and 5 others………………………….Res......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
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....d ship management agent. Therefore, it appears that admittedly the said M/S Commodity International Trading Pte Limited of Singapore was the ship management agent under the owner of the vessel at the relevant period who appointed the plaintiffs in the service of the vessel M. V. CCORD in different c......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: ......g Director, Viking Associates Ltd. Hossain Chamber 1st Floor, 105, Agrabad, Chittagong, Local Agent of M. V. Accord….............Principal Defendants 6. The Chairman, Chittagong Port Authority, Bandar Bhaban, Police Station-Bandar, District-Chittagong. 7. The Harbour Master, Chittagong Port ......nd manner? Is the suit barred by the principal of limitation, estoppels, waiver and acquiescence? Is their any cause of action against the defendants for filing the instant suit? Whether the documents exhibited in this suit were done by the proper person? Whether the content of the priva..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....d audit on the telecom operators in the last three years (see Annexures-X and X (2) to the affidavit-in-reply) but were awarded the contract, he submits that BTRC did not have such information at the relevant time and that BTRC would take appropriate actions against them very soon. 13. BTRC is ......legal effect and as to why the respondent Nos. 2-4 should not be directed to implement the said decision/Verdict of the Review Panel-01. Short facts: 2. BTRC issued notices in different newspapers including the 'Daily Protham Alo' on 30-9-2010 inviting sealed technical proposals fr......eported in: 18 BLC (HCD) (2013) 221. ......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. ..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)
.... Imman Ali J. - This appeal, by leave, arises out of judgment and order dated 05.06.2008 passed by the High Court Division in Writ Petition No.9289 of 2007 making the Rule absolute. 2. The facts relevant for disposal of this appeal, in brief, are that the writ-petitionÂer (respondent No.1 here......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. ...... J Md. Shamsul Huda J Dhaka Electric Supply Authority (DESA) represented by the Chairman, 1, Abdul Ghani Road, Dhaka-1000..................................Appellant Vs. Md. Hanif and another...................Respondents Judgment August 14, 2011. Result: The ......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. ..Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
.... Nari-o-Shishu Nirjatan Damon Case No.12 of 2007 rejecting an application filed by the accused-appellants under section 344 of the Code of Criminal Procedure for postponement of the case. 2. Facts relevant for disposal of the appeal, in brief, are that respondent No.2 Mst. Shewly Akhter filed Nar......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: ......n J.-I agree. Ed. This Case is also Reported in: ......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)
.... In his (Headmaster’s) presence, the appellant had called her, when 30/40 students were also present. 11. P.W.3 Shewly Akhter Mishu stated that the victim Fatema Begum was her class-mate at that relevant time, and that she knew nothing about the occurrence. P.W.4 Fajal Karim, a local witness st...... 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: ...... - For the 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-...... 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
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
....ultana J.- This civil petiÂtion has been filed seeking leave to appeal against the judgment and order dated 02.07.2009 passed by the High Court Division in Civil Revision No. 3330 of 1991. 2. The relevant facts necessary for disposÂal of this civil petition for leave to appeal, in short, are as...... 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. ......inha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Abdul Aziz being dead his heirs:- 1(a) Asia Khatoon and others……………………..Petitioners Vs. 1(a) Most. Kutisona Bibi and others............. 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. ..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....tizen is the inforÂmant in GR Case Nos.746 of 2007, 915 of 2008 and 922 of 2007, while the Registrar, Joint Stock Companies is the complainant in CR Case No.3518 of 2007. 4. Short facts relevant for the disposal of the appeals and the petition are as follows: 5. The appellants a......or of Tae Hung Packaging (BD) Limited and accused No.1, Bo Sun Park (appellant No.2 herein) was the Chairman of this Tae Hung Packaging (BD) Limited. The accused manufactured some false and forged papers with a view to prevent the complainant 'from functioning as Managing Director of the Company...... Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Md. lmman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Tae Hung Packaging (BD) Limited and others..................Appellants Vs. Bangladesh and others...............................eetings and Resolutions of Tea-Hung PackaÂging (BD) Limited, a foreign investment company in Bangladesh in which Bo-Sun Park is the Chairman. The accused-persons manufactured some false and forged documents with a view to prevent the respondent from functioning as the Managing Director of the co..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....5. He denied the suggestion that the confessions were extracted on the point of threat and coercion. 52. P.W.39, Dr. Hekmot Ali deposed that he was Radiologist of Jhenaidah Sadar hospital at the relevant time. On 17-8-2005 he was on emergency duty and at 11-40 examined one Rasel wounded by expl......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. ......e Jurisdiction) Present: Syed Md. Ziaul Karim J Abdur Rob J State...............................................................Petitioner Vs. Tariqul Islam alias Rinku and 20 others……......Convict-appellants Judgment July 17, 2011. Result:...... After closure of the prosecution case, the accused on dock were examined under section 342 of the Code of Criminal Procedure, again they repeated their innocence and some accused produced some documents in support of their innocence. 10. The defence case as it appears from the trend of c..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: ...... 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: ......lso Reported in: ......and condition through the defendant No.1 vessel M.T. SCEPTRE flying Panama Flag. The Master of the vessel issued Tanker bill of lading in favour of the shipper and the plaintiff received the shipping documents including the invoice and bill of lading in time through the bank channel. The defendant N..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
....ing to Kotwali Police Station Case No.39 dated 17-12-2004, under sections 406/409/420 of the Penal Code, pending in the Court of Senior Special Judge, Sylhet, should not be quashed. 2. The facts relevant for disposal of the Rule, in short, are that the petitioner, who was the Manager of IFIC Ba......as the Senior Special Judge on different dates after converting the case as Special case, including the order of taking cognizance of the offence against the petitioner dated 12-3-2005 and other papers annexed with the application under section 561A of the Code of Criminal Procedure and su......ional Jurisdiction) Present: AKM Fazlur Rahman J SM Zakir Hossain J Kaisar-uz-zaman……………………Petitioner Vs. State and others………………….Opposite Party Judgment ...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
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 undertaking to execute the kabala and considered depositions of P.W.2 and 3, two sons of Mabia Khatun, who in their statement stated that when they signed the undertaking they signed on blank stamp papers on the request of Nurul Alam. The learned Sub-ordinate Judge did not hold the undertaking as ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Abul Bashar…………………………Plaintiff-Petitioner Vs. Abul Kashem and others…………………………Defendant Opposite Parties Judgment June 23, 2011. ......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)
....dalat, Comilla in Artha Rin Case No.123 of 1990 decreeing the case in part grantiÂng simple interest at the rate of 6% per anum from the date of filing till the date of the decree. 2. The facts relevant for disposal of this petition, in brief, are that the respondent No.1 (defendant No.1 in th......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. ......taz Uddin Ahmed J Md. Shamsul Huda J Sonali Bank Limited, repreÂsented by its Manager, Kangshanagar Branch, Comilla………………………………Petitioner Vs. Abdul Malek and another……………………..Respondents Judgment June 22, 2011. Result: ......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
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