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Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ...... said 3 appeal cases. The said committee heard the parties, recorded their statements, examined the papers and documents, inspected to ascertain the possession of ditch land and unanimously came to a decision making a specific recommendation on 6.3.2002 for restoring the order dated 13.11.2001 passe..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53 ......delivery of possession in favour of the defendant-opposite party Nos.1-3 and, as such, both the Courts below in rejecting the plaint of the suit committed an error of law resulting in an error in the decision occasioning failure of just. He further submits both the Courts below having failed to cons..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....e trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 137. ......ntinue as it would result abuse of process of the Court and, as such, it is necessary to be quashed for the ends of justice. The learned Advocate for the accused petitioner has referred to the case decision of Jammu and Kashmir High Court reported in 2003 (2) DCR 332, where it was decided that eve..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)
.... to the Manager, Sonali Bank Ltd., Bhairabganj Bazar Branch, Moulvibazar and also to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......hip he could not adjust the remaining loan. Meanwhile the Head Office of Sonali Bank Ltd. adopted a policy to exempt interest to the defaulting borrowers of particular categories and communicated its decision to all concerned by a circular dated 24.3.2010. Since the petitioner fell within the set ca..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 217
Md. Nasurullah alias Nasu Vs. Artha Rin Adalat No. 4, Dhaka and others, 2011, 40 CLC (HCD)
....perty. Lat a copy of the judgment be communicated to the concerned executing Court for future guidance as well. Nazmun Ara Sultana J.- I agree Ed. This Case is also Reported in: ......the Rule is liable to be discharged. 8. We have perused the writ petition, application for injunction, affidavit–in-opposition and documents submitted therewith, and also have gone through the decision cited by the learned Advocate for the petitioner. 9. In 54 DLR 239 an executing Court ..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
Kanin (India)(P) Ltd. Vs. Registrar of Trade Marks, Dhaka and another, 2011, 40 CLC (HCD)
....ment be communicated and the record be sent back to the Registrar of Trade Marks, Dhaka immediately. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: 18 BLC (HCD) (2013) 44. ......ar of Trade Marks, Dhaka and another …….....Respondents Judgment January 30, 2011. Result: The appeal is allowed. Time Limit In order to get the grounds of decision communicated, the intending appellant has to file an application on form T.M-15 within one ..Category: Intellectual Property Law | Date: 30 Jan, 2011 | Hits: 183
Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
....e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218.......ng several miss statements in the plaint, the plaint should be rejected if it not covered under Order VII Rule 11 but under section 151 of the Code of Civil Procedure. Learned Advocate relying on the decision of Jabed Ali Vs. Abu Shaikh, being dead his heirs: Md. Naimuddin and others, 35 DLR (A..Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)
....et the lower Court's record with a copy of this judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237. ......necessary to seek corroboration always from independent sources. Adverse presumption under section 114(g) of the Evidence Act is, essentially, a question of fact which is for the court to arrive at a decision. Non-examination of important witnesses creates presumption under section 114(g) of the Evi..Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7
....ns to be taken in the light of the directives/guidelines hereinabove.
Md. Imman Ali J. - I agree.
Ed.
This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290.
......eputy Attorney General, appearing for respondent No. 2, on the other hand, submits that some effective steps have already been taken by different Ministries and law enforcing agencies pursuant to the decision of a meeting held on 04.11.2010 chaired by the Chief Secretary to the Prime Minister and an..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
.... to Parliament for securing due Constitution of Parliament. But it does not exempt the Parliament from any of the limitations which are imposed by the other provisions of the Constitution upon its legislative power. The Parliament has plannery powers of legislation which are limited by other pro......he impugned judgment and order discharging the Rule having referred to the preamble and Article 7 of the Constitution but passed the impugned judgment and order with inconsistent and contradictory decision by holding in effect the supremacy of the law of parliament over the constitution and, a..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
....olonged rebuke can also lead to suicide of the child. 25. Article 19 of the Convention on the Rights of the Child (CRC) 1989 provides as follows: 19.1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of ......rences which are not criminal in nature. Where the teachers are palpably guilty of assault and sometimes grievous hurt, salish is not an appropriate mode of dispensation of justice. She refers to the decision in the case of Bangladesh Legal Aid and Services Trust and others Vs. Government of Banglad..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
.... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ......s, the prosecution failed to prove the guilt of the appellants beyond reasonable doubt. The appellants are given the benefit of doubt." 24. This Court finds a similar rationale emerging from the decision in Sujoy Sen alias Sujoy KR Sen Vs. State of WB reported in (2007) 6 Supreme Cases 32 thus:..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
....rther compensation calculated at the rate of bank interest prevalent at the time of the institution of the suit.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 66.
......ent
December 13, 2010.
Result:
The appeal is allowed.
Bangladesh Shilpa Rin Sangstha Order (PO 128 of 1972); Article 33(1)(d)
The High Court Division concurred with the decision of the trial court excepting that the awarding of interest of Taka 33 lakh for the period p..
Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
Gulshan Club Ltd. Vs. Chairman, National Board of Revenue and another, 2010, 39 CLC (HCD)
....is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ......ibunal which upheld the order of the Respondent No.2 and the petitioner by reference moved the High Court Division against the said order of Tribunal and in all the cases this Division has stayed the decision of the Tribunal till disposal of the Tax Reference Application No.638 of 2004 filed by the ..Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ......;culture (Hons.) in the Faculty of Agriculture of the said Agricultural University. 2. Subsequently, a further Rule Nisi was issued calling upon the respondents to show cause as to why the decision of the respondent No. 4 dated 27-12-2008, so far as it relates to the petitioners, should n..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
....ned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ......ol Act, 1991 read with section 23 of the Contract Act, 1872 in consequence of which the status of the tenants becomes that of a monthly tenant. In support of his contention he has cited the decision reported in 31 DLR (AD) 155. He then submits that the learned Single Judge of the High Cour..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Syed Wahid Iqbal Vs. Bangladesh, 2010, 39 CLC (AD)
....not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 308; 21 BLT (AD) (2013) 309. ...... and circumstances, we are of the view that the High Court Division having considered all the materials on record and the submissions advanced on behalf of both the parties arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave pet..Category: Civil Law | Date: 6 Dec, 2010 | Hits: 5
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ......nce against her is a good ground for quashing the proceedings of the case so far as it relates to her. 12. In support of the above submissions, Mr. Md. Asaduzzaman has drawn our attention to the decisions in the cases of Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38, Nasiruddin Mahmud Vs. Mo..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ......ific remedy under the law. However, the writ petitioner had remedy under Order XXI rule 90 of the Code, which she did not avail. In support of his submission, the learned Counsel cited one unreported decision of the Appellate Division passed in Civil Appeal No.151 of 2008 and also cited the case of ..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ......icial intervention is necessary for the protection of the sanctity of democratic institutions-independence of judiciary, existence of grievances redressal forums; and d) Where administrative decision related to development are harmful to the resources such as air or water. 12. In BRAC Vs..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
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