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Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)
....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. ......ssistant 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 respondent No.1 writ petitioner of the same benefit amounts to discrimination...Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
....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: ......e present case, it does not appear that the appellants have come to this Court bonafide. Pendency of the two cases filed long after initiation of the present case cannot be a ground for stay. In that view of the matter the learned Judge of the Tribunal rightly passed the impugned order. 8. We hav..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
.... 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: ......ss. In such a case it is not safe to impose punishment upon a person only considering the social reality that parents are not supposed to level any stigma on the character of their minor daughter. In view of the evidence on records and attending facts and circumstances, the prosecution case cannot b..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
..... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ...... on 25th March, 1971 the property in question had been abandoned and vested with the Government by operation of law on that day, (25th March, 1971) and hence the alleged sale is null and void in view of P.O. 142 of 1972 and as such abandoned character of the said property would not thereby be c..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....w the rules, the established norms and conventions. Moreover, judicial decision requires the Judges to follow precedents of the Courts of co-ordinate jurisdiction, unless they are manifestly erroneous and mischievous. A decision is binding not because of its conclusions but in regard to it......al Procedure on the same subject matter. Some Benches are of the opinion that a criminal proceeding can be quashed at the initial stage of investigation and some other Benches have taken different views. As a result, accumulation of number of cases in the docket is on the rise. Over and above, d..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....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. ......to them. Moreso, the accused who were let off from the charge-sheet were shown as the charge sheeted accused in their examination under section 342 of the Code of Criminal Procedure. With that end in view the Tribunal did not at all applied its judicial mind at the time of examination of the accused..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
.... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ......ue Siddique finds in difficult to repeal the observations made by the High Court Division and frankly concedes that the original owner Capital Ship Breakers Limited has defrauded the petitioner. In view of the above submission, we are left with no option but to maintain the judgment of the High C..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
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. ......re-numbered as other Suit No.47 of 1991 plaintiff prayed relief for declaring the decree obtained in other suit No.13 of 1984 as illegal, forged and not binding upon plaintiffs. It is my considered view that the issues as have been framed mostly relating to specific performance of contract. On a r..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....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. ......ard of a lesser rate of interest. This is what we understand from the judgment of the High Court Division, which found no merit in the appeal. 6. Having considered all the matters, we are of the view that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, withou..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....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. ......ard of a lesser rate of interest. This is what we understand from the judgment of the High Court Division, which found no merit in the appeal. 6. Having considered all the matters, we are of the view that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, withou..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....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. ......s, from the materials on record, it appears that the order of attachment as well as the subsequent order of Civil custody, warrant of arrest against the Judgment-debtors are not lawful. 8. In view of the discussions made hereinbefore, we are of the opinion that, for the ends of justice th..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)
....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......side the judgment of the Court of appeal below and restored that of the trial Court. While interfering with the judgment of the lower appellate Court, the High Court Division preferred to approve the views of the trial Court on the reasonings that it had the advantage to see the demeanour of the wit..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....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. ......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)
....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. ......gh Court Division that the petition of complaint giving rise to the sessions case in question was filed complying with all the requirements as required by sections 138 and 141 of the Act, 1881, so in view of the findings given by the High Court Division and the submissions made by the learned Advoca..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
.... 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. ......ough constitute an offence alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge. 13. Similar view on the principles and categories of cases for quashing the proceeding was, subsequently, follow..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ......he Office Assistant of the school and on 6.4.2006 at 10.30 A.M the accused appellant gave an offer to the informant P.W.1 for an immoral sexual offer and also caught hold her by the hands. She with a view to escape her from the hands of accused appellant raised hue and cry and Aya Shamsun Nahar bein..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... to connote every kind of defect which does not affect the merit of the case, whether the defect be fatal to the suit or not, rejection of a material document for not having a proper stamp and the erroneous valuation of the subject matter of the suit. Failure of the plaintiff's counsel to inco......d Co Vs. The Collector of Rajshaye and others, 13 Moor's Indian Appeals 160, Saidur Rahman Molla and another Vs. Abdur Rahman and others 13 DLR 160, Madan Mohan Vs. Abdus Samad, 32 DLR 176 similar view have been taken i.e. formal defect must be given a liberal meaning to include every kind of de..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ....... 14. What amazes us more than anything else is that nobody, save a few, seems to be bothered on such a desperate issue that may plunge us to inhabitability during our life span. In our view factors that are attributable to these ominous riddle, are myriad. 15. No doubt, some gre..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......ide it’s decision dated 10.02.2011(Annexure-A) without making either BGP (Bangladesh) International or BGP Inc., China National Petroleum Corporation a party or giving personal hearing, upon a review petition filed by the respondent no.8 purporting to be the sub-contractor of one of the other ..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....ation of delay in holding 19th, 20th, 21st, 22nd and 23rd AGMs of the respondent No.1 company, which corresponds to calendar years 2005 to 2009. Though the petitioner of Company Matter No. 61 of 2010 erroneously prayed for condonation of the said 19th to 23rd AGMs "in respect of the financial y......for the 19th AGM to be held for the year 2004 and the board of directors having fixed book closure and the said date having expired, there is no scope for fixing a new record date for the said AGM in view of SEC Notification No. SEC/CMRRCD/2001-14/24/Admin/-03 dated 26-11-2011 (Gazetted on 10-12-200..Category: Company Law | Date: 26 May, 2011 | Hits: 9
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