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Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....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. ......d. Basing on the decision reported in the case of Abdul Haque Vs. State reported in 60 DLR (AD) 1 she submits that in the instant case cognizance has not yet been taken by the competent Court of jurisdiction and, as such, the Rule under section 561A of the Code of Criminal Procedure is a premat..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
....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.
......can contribute with his opinion as toformulation of public policy in public affairs including the management of Non-GovernmentEducational Institution and making law therefore, but has no authority andjurisdiction to interfere with election process of a Managing Committee of Non-Governmentschool and ..
Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
.... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....o cause of action arose on the date as claimed by the plaintiff in the plaint as the plaintiffs along with others, looted away the goods of the vessel MV ACCORD, namely 7000 M.T. of cement clinker in total disregard of their duties and responsibilities and therefore the instant suits are liable to b......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: ......ionally in all the Admiralty suits, other than Admiralty Suit No. 42 of 2000 and Admiralty Suit No. 43 of 2000, the defendant raised a issue to the extent that whether the High Court Division got any jurisdiction to restore this suits after the same was dismissed by the honorable Appellate Division...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)
....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. ......nducted on Grameen Phone, the Review Panel's decision is not binding on the BTRG in view of Rule 60(3)(Gha) of the said Rules which kept matters relating to the enforcement of contract beyond the jurisdiction of the Review Panel. According to them, even the Memo dated 24-4-2011 issued by the CPT..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
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: ......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: ......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)
.... 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: ...... 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
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. ...... to prove that Ghulam Robbani was present and/or his where about was known on 25th March, 1971. III. For that the Hon'ble High Court Division erred in law in failing to determine that in the absence of Ghulam Robbani in Bangladesh on 25th March, 1971 the property in question had been abando......acts and circumstances and evidence before it rightly found that inclusion of the property in question in the list of abandoned buildings was not illegal, but the High Court Division in its writ jurisdiction without adverting those findings held wrongly that since Ghulam Rabbani executed a..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
....ce including the sale certificate, kabaliyat etc. decided that Abdul Gafur became the sole owner of four annas share of C.S. Khatian No.59 by virtue of kabaliyat and thus Abdul Gafur was the owner of total 10 annas share in Khatian No.59. According to the admission of both the contesting parties Abd...... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ...... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....t the Court normally does not interfere with the investigation of a case where the offence has been disclosed................" 51. The High Court Division in Jahangir Hossain Howlader has totally overlooked the decisions of this Division and relied upon Swapan Kumar Guha's case. While ......t investigation into the offence alleged to be completed: if, however, the materials do not disclose an offence, no investigation should normally be permitted..........as any investigation, in the absence of any offence being disclosed, will result in unnecessary harassment to a party, whose lib......of the Constitution and that as the High Court Division does not normally interfere into proceedings at the stage of investigation under section 561A of the Code of Criminal Procedure, the writ jurisdiction is the appropriate forum for protecting the fundamental rights, sufferings of reput..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....ed an omnibus statement of prosecution witnesses can not be sustained................. (18) Credibility of testimony, oral and circumstantial depends considerably an a Judicial evaluation of the totality, not isolated secreting. when dealing with the serious question of guilt or innocence of pe......the request of SI. He did not see the alamats. 30. P.W.22, Anwarul Iqbal a retired army personnel, he deposed that on 23-8-2005 Police seized one Holy Quran from the house of accused Chad in his absence material exhibits (xxvii). In cross-examination he stated that every Muslim use to read Holy......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)
....rgo (CDSO) was delivered to Tank Terminal, namely MESSERS VAN OMMEREN TANK TERMINAL (BANGLADESH) LIMITED, Chittagong and survey was conducted by the surveyor who issued report which shows that out of total 10,000 M.T. the vessel effected delivery of 9923.924 M.T. CDSO resulting short landing of 76.0......has obtained less quantity of the cargo from the quantity it imported and certified by the customs authority as appears from Exhibit-5. But as the liability of the short fall cannot be decided in the absence of the shipper-supplier this suit must fail for the lacuna of defect of parties and therefor......evidence and reconciling the pleadings of the parties this court finds that the issues are required to be recasted and accordingly the same is recast. Is the suit maintainable under the admiralty jurisdiction? Is the suit barred by limitation? Has suit suffers from defect of parties? ..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
....e it was found that Farid Uddin in collusion with Iqbal uddin Ahmed Chowdhury, Nasiruddin and Nasrin Chowdhury, officers of the same bank and informant Kaisar-uz-zaman received Taka 40,00,000 in total from different account holders, including Taka 8,70,000 from Juned Ahmed, which they deposited...... 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. ......n the instant case the Senior Special Judge, Sylhet, took cognizance of the offence against the petitioner and two other accused persons without prior sanction of the Government, who had no jurisdiction to take cognizance of the offence under section 409 of the Penal Code, allegedly commit..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....কম টাকা প্রদান করা হয় নাই।” 10. Learned Judge also considered that Taka 10,000 is to be returned inspite of anomaly in the price as the quantum of land, total price of land, mentioning of days are same and vendor and vendee are same. 11. Only questio......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. ......Advocate lastly relied on the case of Zakaria Hossain Chowdhury Vs. City Bank Ltd. and others, 21 BLD 170, wherein it is held that "Mere error of law is no ground for invoking this Court's revisional jurisdiction unless it is shown that a failure of justice has been occasioned by that error." 16...Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
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. ......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. ......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)
.... did not take any step in that regard, which suggested beyond doubt that the constructions were made after the purchase to the knowledge of the pre-emptor, appear to me sound. The High Court Division totally ignored this finding of the Court of appeal below. 27. In this regard Mr. Mahbubey Alam h......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. ......als on record, those findings are immune from interference by the revisional Court except there is non-consideration or misreading of the material evidence on record. The High Court Division has no jurisdiction to sit on appear over a finding of fact. It is concerned with the question as to whet..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
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. ......ner on 23-10-2000. Admittedly, the petitioner remained absconding during trial of the case and, as such, he could not cross-examine the prosecution witnesses. Any way, the trial was held in absence of the petitioner. The learned Judge of the Tribunal, after taking evidence and on peru......decided that the inherent power under section 561A of the Code of Criminal Procedure can be exercised to quash a proceeding or even a conviction on conclusion of a trial if the court concerned got no jurisdiction to hold the said trial or the facts alleged against the accused do not constitute any c..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: ......s there was nothing specifically mentioned against him in the petition of complaint. In course of trial, the prosecution examined two witnesses and filed an application for adjournment on 7.7.2008 in absence of any more witnesses. 5. On the other hand, the learned Advocate for the defense made su......on 403 of the Code of Criminal Procedure is quoted below: “403. Person once convicted or acquitted not to be tried for same offence.- (1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
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: ......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: ......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: ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
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