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State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....pective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......2. After trial the Tribunal convicted the accused as aforesaid. 13. The learned Deputy Attorney-General appearing for the State submits that it has been proved by the evidence that at the relevant time of occurrence the accused were present at the PO. He adds that the evidence of P.W.2, Sharmin A......led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....er Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......cted to submit the statement of wealth within 72 hours by appearing in person before a Director namely Ms. Nasrin Ara Surat Amin of Anti-Corruption Commission, Head Office, Dhaka. The said stipulated time was expired, but the convict-appellant did not submit the statement of wealth as per direction ......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....udgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......d found accused Rustom to slaughter Atiar Rahman. Had the occurrence been witnessed by those eye-witnesses they could have narrated the manner of occurrence in details. He further submits that at the time of trial P.Ws. 2, 3, 4 and 5 claimed to have seen the occurrence standing in the house of neigh......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....site licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......hat they received the impugned Memo dated 19-11-2009 issued by the respondent No.2 through fax; that the NOC dated 05-2-2002 accorded by the respondent No.1 was given for an indefinite period of time; that there was no violation of any law on the part of the appellants for carrying out the tes......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
.... 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. ......te order allowing the pre-emption application stating, inter alia, that the summonses of the miscellaneous case were not served upon them; they came to know about the ex-parte order for the first time on 26.05.1997 when the pre-emptor disclosed that he got the case land through pre-emption; the......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. ......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
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....adesh and others...................................Respondents Judgment October 26, 2011. Result: The Rule is made absolute. Lawyer’s Involved: Manzill Murshid, Advocate-For the Petitioner ABM Altaf Hossain, Deputy Attorney General-For the Respondents. Wr......angladesh and the Government is under a duty to protect the interest of the people by protecting the historical places. The affected people are unable to come to protect this historical place of sentimental importance and hence the petitioners move this Public Interest Litigation (PIL) before th......tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ......tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....ent and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ...... him under section 302 of the Penal Code by the judgment and order dated 5-2-2006 passed in Session Case No.276 of 2000. 2. The prosecution case, as projected in the FIR and also unfurled at the time of trial, in short, is that deceased Tarun Kumar Saha is the younger brother of informant Arun ......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. ......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)
....not a khas land and the revenue department does not have any interest. The claim of the government has become functus officio. The government took tax from the suit land and thereby the government created estoppel to the claim title from the suit property. ............ (5) Cases Referred to- ......II 129/80-81 for DCR (এক্সজিঃ-৮) dated 20-4-1981 for demarcation of the suit land. Accordingly notice was served upon the opposite-party i.e. Department of Forest for appearing at the time of demarcation. Thereafter that the Sreepur Thana Land Officer passed necessary order as well a......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....…………………….Respondents Judgment October 16, 2011. Result: The Rule is discharged. Whether the resolution taken by the Board of Directors of any Bank relating to total write off of loan has the binding force of law and enforceable by the High Court Div....... Accordingly, instructions were issued by the office of the Speaker to the Sonali Bank as well as to the Government for necessary actions. 5. Respondent Bank kept the matter pending for long time and did not inform the petitioner the fate of those recommendations. After receipt of the reco......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. ..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
.... appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ...... of the plaintiff's contract but they failed to substantiate their claim in view of the fact that the contesting defendants got a decree in pursuance of their contract which was earlier in point of time. 16. In Abdul Huq Vs. Yehia Khan, AIR 1924 Patna 81, an agreement was executed on 24thA......t of the appellants on 15th January, 1964. Paresh Chandra Nath subsequently instituted Money Suit No.6 of 1965 against Hasan Ali Driver in respect of the same property claiming him as tenant for recovery of arrear rents. According to the plaintiffs, the defendant Paresh filed a compromise peti......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....al Jurisdiction) Present: Md. Ashfaqul Islam J Md. Abu Zafor Siddique J Bahauddin Haider………………… Accused-Petitioner Vs. State…………………Opposite Party Judgment October......cause as to why the initiation of process by the Chief Metropolitan 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. ......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. ......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. ..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
.....
This Case is also Reported in: 64 DLR (HCD)(2012) 65.
......ging Committee of aforesaidCharpathalia Nurul Huda High School in accordance with law within a period oftwo months from the 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 ......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.
......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)
....aining in the Marshal account of this court. Ed. This Case is also Reported in: ......ier for which a legal proceeding was established in Admiralty suit No. 16 of 2004 whereupon the vessel MV ACCORD was arrested and the plaintiffs were detained in the said vessel since then for a long time to face irreparable distress and agony. But the owner of the vessel not only failed to take any......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: ......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: ..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)
....dents Judgment August 17, 2011. Result: The Rule is made absolute. Cases Referred to- Tariq Transport Vs. Sargodha Vera Bus Service, 11 DLR (SC) 140; Bangladesh Sangbadpatra Parishad Vs. Government of Bangladesh, 43 DLR (AD) 126; Dr. Mohiuddin Farooque Vs. Bangladesh, ......s. Subsequently, since respondent No.10 surrendered its appointment on account of its lack of technical expertise personnel and logistics etc, BTRC appointed respondent No.11 in its place. In the meantime, the petitioners on 28-3-2011 and 30-3-2011 filed objections before the Chairman, (Head of Proc......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. ......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)
....nce 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. ......ind that admittedly, apart from said Md. Rafiqul Islam, eight other Sub-Assistant Engineers were promoted to the post of Assistant Engineer upon obtaining further qualifications. This was done at a time when the suspension of the circular was held in abeyance. It is our view that denying the respo......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. ......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)
....f issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... that appellant No.1 was her husband while the co-accused were his father, brother, mother and close relation respectively. She got married with appellant No.1 by a registered ‘Kabinnama’. At the time of solemnizing their marriage, her father gifted ornaments worth Taka 1,30,000/- (one lac thirt......ime, appellant No.1 and the co-accused left the room. The complainant could somehow manage to go her parent’s house, where her father and brother got her admitted in the local Health Complex. After recovery, she had informed her father and other witnesses in details about the torture and assault o......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)
....ant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ......Headmaster (P.W.8), that at 12.15 p.m. the Headmaster himself was teaching in Class-V and before that the National anthem was sung at 12 o’clock, whereas the occurrence allegedly took place at that time, when the victim was not supposed to stay in class-room. Her demeanour and continuous presence ...... 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: ...... 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
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
..... Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......ld be opened upto November 1984. Confessional rate of customs duty was announced. Writ petitioner imported sugar under the scheme which arrived at Chittagong port on 24th November 1984. In the meantime the confessional rate was withdrawn on 6th November, 1984 by the Government. Writ petitioner c......Supreme Court held that the right of the Maharaja, if any, are based upon a contract for which he was obliged to avail of by way of "the alternative efficacious remedy for filing a suit either for recovery of the money or for ambition of a grounds. The alternative remedy available to the Mahar......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......dence can not always be circumstance reading to the inference of guilt of the accused mere abscondence can not always be a circumstance which should lead to an inference of guilt to the accused. some times out of fear and self respect and to avoid unnecessary harassment even an innocent person remai......zed material Exhibit XXVIII which was published by Islamic Foundation, he also put his signatures in the seizure list Exhibits (১ছ)-১ছ/২). In cross-examination he stated that at the time of recovery accused Chad was not present in the house. 32.P.W.24 Abdur Rahim is an Office Assistan......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. ..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
.... This Case is also Reported in: ......CEPTRE 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 No.1 vessel M.T. SCEPTRE arrived at Chittagong Port on ...... 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: ..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
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