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Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)

....007). Judgment Muhammad 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-p...... Judgment Muhammad 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-petiti..

Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163

Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)

.... of the learned Advocate for the appellants, and therefore, we are not inclined to interfere with the order. In the result, 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 Ca......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

Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)

....of Works and others have filed this civil petition seeking leave to appeal against the judgment and order dated 11.03.1998 passed by the High Court Division in Writ Petition No.605 of 1991 making the Rule absolute. 3. The facts necessary for disposal of this Civil Petition for Leave to Appeal, ......rks and others have filed this civil petition seeking leave to appeal against the judgment and order dated 11.03.1998 passed by the High Court Division in Writ Petition No.605 of 1991 making the Rule absolute. 3. The facts necessary for disposal of this Civil Petition for Leave to Appeal, in sh..

Category: Property Law | Date: 25 Jul, 2011 | Hits: 83

Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)

....ismissed that appeal affirming the judgment and decree of the trial court. Against that judgment of the appellate court the contesting defendants preferred Civil Revision No.3330 of 1991 and obtained Rule. A Single Bench of the High Court Division made that Rule absolute by the impugned judgment and......rial court. Against that judgment of the appellate court the contesting defendants preferred Civil Revision No.3330 of 1991 and obtained Rule. A Single Bench of the High Court Division made that Rule absolute by the impugned judgment and order and set aside the judgment and decree of the appellate c..

Category: Property Law | Date: 24 Jul, 2011 | Hits: 71

Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....a Division Bench does not accept as correct the decision on a question of law of another Division Bench, the only right and proper course is for it to refer the matter to a Full Bench. Chapter VII, Rule 1, of the High Court Division Rules provides whenever a Division Court shall differ from any o......ppropriate orders as may be called for without leaving the citizens to the mercy of police echelons since human dignity is a dear value of our Constitution. Needs no emphasis that no one can demand absolute immunity even if he is wrong and claim unquestionable right and unlimited powers exercisa..

Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39

State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)

.... The impugned judgment and order of conviction and sentence is set aside. The condemned-prisoners are acquitted from the charge leveled against them. All the appeals are allowed. The Rule is made absolute. It is settled Principle of law that a statement of an accused before a J......ed judgment and order of conviction and sentence is set aside. The condemned-prisoners are acquitted from the charge leveled against them. All the appeals are allowed. The Rule is made absolute. It is settled Principle of law that a statement of an accused before a Judicial Magis..

Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6

M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)

....Advocate Mr. Muhammad Ohiullah, appearing on behalf of the defendant Nos. 1,2 and 3 argued that the instant suit is hopelessly barred by the principal of limitation since the Provisions of Article 3, Rules 6 of the Carriage of goods by Sea Act 1925 provides for filing the suit within one year after ...... 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: ..

Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61

Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)

....ellip;………Petitioner Vs. State and others………………….Opposite Party Judgment July 14, 2011. Result: The Rule is discharged. Case Referred to- Abdur Rahman Vs. State, 48 DLR (AD) 167; Tarique Rah...... 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)

.... Abul Bashar…………………………Plaintiff-Petitioner Vs. Abul Kashem and others…………………………Defendant Opposite Parties Judgment June 23, 2011. Result: The Rules are made absolute. Cases Referred to- Md. Moslemuddin Vs. Md. Jonab Ali, 17 BLD (AD) 328......………………………Plaintiff-Petitioner Vs. Abul Kashem and others…………………………Defendant Opposite Parties Judgment June 23, 2011. Result: The Rules are made absolute. Cases Referred to- Md. Moslemuddin Vs. Md. Jonab Ali, 17 BLD (AD) 328 = 50 DLR (AD) ..

Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44

Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)

....………………………….Petitioner Vs. Artha Rin Adalat and another……………………………………….Respondents Judgment June 20, 2011. Result: The Rule is disposed of. Lawyers Involved: Md. Hedayet Hossain - For the Petitioner. ASM......ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ..

Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13

Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)

....n­dent filed Civil Revision No.5935 of 2000 before the High Court Division. A single Bench of the High Court Division after hearing the civil revision by judgment and order dated 25.01.2003 made the Rule absolute, set aside the judgment and order of the appellate Court and restored those of the lea......t, the Court of appeal below reversed the judg­ment of the trial Court and dismissed the pre-emption. The pre-emptor thereupon took a revision petition in the High Court Division which made the rule absolute, set aside the judgment of the Court of appeal below and restored that of the trial Court. ..

Category: Property Law | Date: 15 Jun, 2011 | Hits: 169

Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)

....n, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1294 of 2010. (From the judgment and order dated 27.04.2010 passed by the High Court Division in Civil Rule No. 1024(con) of 2009). Judgment Syed Mahmud Hossain J.- This petition for leave to a......ciation of law and facts do not call for interfer­ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ..

Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100

Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)

.... This petition for leave to appeal is directed against the judgment and order dated the 24th day of August, 2010 passed by the High Court Division in Criminal Revision No.1717 of 2009 discharging the Rule. 2. Facts relevant to disposal of this petition for leave to appeal are that respondent No......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ..

Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196

Nazir Vs. State, 2011, 40 CLC (HCD)

....er Vs. State……………………………....................Opposite Party Judgment June 7, 2011. Result: The Rule is discharged. No time bar for section 561A It is pertinent to note that the inherent...... 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. ..

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:   ......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:   ..

Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102

Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)

.... his suit with liberty to file a fresh suit..………………………..(13) Formal defects and withdrawal of the suit The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XXIII Rule 1 In drafting the plaint the learned Advocate for the plaintiff appellant did not notice...... 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. ..

Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6

Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)

.... Hefzul Bari, Advocate-For the Petitioner. K. M. Hafizul Alam, with Mahbub Shafique, Advocates-For the Opposite Parties. Civil Revision No. 5831 of 2007. Judgment Obaidul Hassan J. - This Rule was issued calling upon the opposite party Nos.1-3 to show cause as to why the judgment and ord......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:..

Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165

Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)

....presented by the Secretary, Ministry of Shipping, Bangladesh Secretariat, P.S. Shahbag, Dhaka Bangladesh and others ...............respondents Judgment June 1, 2011. Result: The Rule is disposed of with direction and made absolute. Lawyers Involved: Md. Manzill Mursh......ing, Bangladesh Secretariat, P.S. Shahbag, Dhaka Bangladesh and others ...............respondents Judgment June 1, 2011. Result: The Rule is disposed of with direction and made absolute. Lawyers Involved: Md. Manzill Murshid, Advocate-For the Petitioner. Tuf..

Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37

BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... BGP Inc., China National Petroleum Corporation…...........Petitioner Vs. Bangladesh and others…………...........Respondents Judgment May 29, 2011. Result: The Rule is disposed of. Lawyers Involved Rokanuddin Mahmud, Senior Advocate with Mustafizur ......nel it might have taken a different view in view of the findings given by respondent no. 3 “no papers and relevant documents have been filed”. Accordingly, he submits that upon making the Rule absolute the impugned order dated 10.02.2011 (Annexure A to the writ petition) passed by the respon..

Category: Civil Law | Date: 29 May, 2011 | Hits: 21

Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)

....d provide in the plain language to that effect stating that in clear language that the sponsor shareholders shall not be eligible to participate in electing directors representing public subscribers. Rule 15B (1) completely attached rights to public subscribers to elect only directors representing p......re-election of directors only; whereas, due to the application of section 76 of the new Insurance Act, the entire Board will need to be reconstituted (as opposed to being re-elected). The law is absolutely silent about how sponsor directors will be elected who, by virtue of section 76 of the In..

Category: Company Law | Date: 26 May, 2011 | Hits: 9