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State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....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. ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....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. ..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)
....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. ..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....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: ..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
.... 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. ..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....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. ..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
..... 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. ..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
.... 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......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)
....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. ..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
....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.
..
Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....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......of the vessel MV ACCORD claimed their contracted wages under the agreement dated 2.12.1999 Exhibit 2, and as the plaintiffs have admittedly served on board the vessel M. V. ACCORD since neither their appointment and since the appointing authority nor the owner of the vessel have paid the plaintiff w..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)
....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......ation Regulatory Commission (BTRC) (respondent No.2) under the signature of the respondent No.8 refusing to implement the decision/verdict of the Review Panel-01 dated 8-5-2011 (Annexure-I) regarding appointment of Chartered Accountant Firms by BTRC for Inspection and Special Audit/Information ..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)
....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......g held on 15.12.1992 and hence that provision was thenceforth ineffective. It is further claimed that no verbal assurance was given to the writ petitioner of any favourable consideration and that the appointment of the eight persons to the post of Assistant Engineer was made on special considerati..Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
.... 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......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)
....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: ..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)
....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......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)
....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......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)
....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: ..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
.... the Senior Special Judge, Sylhet, rightly took cognizance of the offence against the petitioner. Sub-section (5) of section 6 of the Criminal Law Amendment Act, 1958 was omitted on 18-7-2004. At the time of taking cognizance of the offence against the petitioner by the Senior Special Judge, Sy...... 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)
....became owner of the entire property of the schedule land. Abdul Jabbar died leaving two sons, Abul Fazal and Abul Basar and two daughters, Mabia Khatun and Saleha Khatun. Mabia Khatun during her life time entered into an agreement for selling her interest in schedule land to plaintiff on considera......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
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