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Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
.... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ...... and the absence of sanction cuts at the very root of the prosecution affecting jurisdiction of the Court and this defect is not curable under Section 537 of the Code of Criminal Procedure. This view of ours finds support from the decisions in the cases of Abdul Waal Vs. The State reported in 1..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....t record. 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: ......have proceeded with the case. But the learned Judge, Artha Rin Adalat, Bogra without complying with the provisions of section 12 in toto has passed the judgment and decree and, as such, we are of the view that it is not a proper judgment and decree in the eye of law, which is liable to be set-aside...Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......ed Ordinance as ultra vires the Constitution. 8. The observations of the learned judges of the High Court Division in respect of referendum under Article 142 (1A) had already become nugatory in view of the judgment of this Division, passed in the Fifth Amendment case. 9. While acknowledgi..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ......urt process. The rationale is, such a course would not affect the interest of the decree holder, rather it is likely to pave the way for better satisfaction of the amount of the decree. 16. In our view the expression "the amount" occurring in this rule means "the whole amount," and no permission ..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ....... However, vide the government notification dated 10.02.2009 the Ministry of Establishment by giving general information invited the concerned government servants to place their grievances to the Review Committee so constituted for the said purpose. The petitioner accordingly made representation ..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Md. Badar Uddin and others Vs. Mst. Rezia Parvin and others, 2011, 40 CLC (HCD)
..... I find no substance in the rule. In the result this rule is discharge. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ......7 is contiguous north to plot No.1411. There was no house of plaintiff No.1 in the land of plot Nos. 1407 and 1410, Plaintiff No.1 acquired a bit title in the land of plot No.1410 and 1407 but with a view to grab some portion of the land of the road of plot No.1406 she commenced erecting house on th..Category: Civil Law | Date: 15 May, 2011 | Hits: 29
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......shy;er sanction can hardly be imagined to have been properly discharged by merely putting one's signature on a ready made sanction presented by the police." With great respect we endorse the views quoted above. (emphasis added) 14. Having considered the aforesaid sanction given under M..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
.... the exact location of the writ petitioners' land vis-a-vis the acquired land, but this High Court Division finds from the record that no fixed Station was ascertained and it appeared to the Court as erroneous and as such, the contention of the said report cannot be taken into consideration as to it......in directing the appellants to resort to partition suit for recovery of encroached acquired land. c) the High Court Division committed gross error of law and traveled beyond the scope of judicial review in exercise of jurisdiction under Article 102(2)(a)(i) of the Constitution in directing the app..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......sed, but if those evidence do not inspire confidence of court to record conviction that will be treated as the case of no evidence. No evidence does not necessarily mean without evidence. 14. In view of the above facts and circumstances and the decisions of the Apex Courts it is our bounden dut..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....authorized, is maintained.
No order as to costs.
This Case is also Reported in:
......having written Constitutions, in order to establish and enforce the fundamental rights of its citizens and also to prevent illegalities.
19. Next, I shall consider how the doctrine of judicial review came into being.
In the United States of America, Article III of its Constitution conferre..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357.......d circumstances of the case, there may be some ingredients of cheating as defined in Section 415 of the Penal Code which is punishable under Section 420 of the said Code; but from legalistic point of view, the proceedings of the case pending in the Court below are an abuse of the process of the Cour..Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
..... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ......titioner and the same has been accorded on a choose and pick basis by disregarding facts and circumstances of the case prima facie showing complicity of one Md. Habibur Rahman. 14. We are of the view that sanction is a condition precedent for a prosecution but a biased sanction is nei..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....aintiff. 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: ...... power of the court to exercise it’s jurisdiction in exempting the interest charged by the bank. Since there is a strict provision of law restricting the Court to exempt the interest, we are of the view that the learned Judge, Artha Rin Adalat, First Court, Sherpur delivered the judgment exempting..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ......eyond the knowledge of the plaintiff and the defendant No.7 might have procured transfer certificate for getting the share sale certificates issued in the name of plaintiff. The defendant No.7 with a view to get those shares transferred in his name submitted an application on 3-7-1998 along with for..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ...... 5........................................ 6......................................... 7......................................... 8........................................ 66. In view of the aforesaid provisions, it appears that the question of attachment of maritime lien upon a..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......legal compulsion to keep people in jail merely on the allegation that they have committed offences punishable with death unless reasonable grounds exist to disclose their complicity." 14. In view of the above decisions we hold that the learned Judge of the Nari-o-Shishu Nirjatan Damon Tribu..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......erified the stock and counted the bags on 19.1.1991, the godowns were not sealed. It also appears that the appellant at no point of time, was in charge of the godown, or kept the key with him. In any view of the matter, the appellant cannot be held liable for the shortage of stock, if any. 8. On ..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Anwar Cement Limited and others Vs. Bangladesh Bank and other, 2011, 40 CLC (HCD)
....fore, the rule is disposed of with the above observations without any order as to costs. The order of stay stands vacated. Md. Abu Zafar Siddique J.- I agree. This Case is also Reported in: ......t them as defaulting borrowers and loan can not be refused to the petitioners by the banks on the ground that they defaulting borrowers though it may be refused due to some other valid reasons. In view of the above, there is no scope of the petitioners being aggrieved by the CIB Report. Theref..Category: Banking Law | Date: 24 Apr, 2011 | Hits: 363
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......6. This appeal has been appearing in the cause list since 4.4.2011 i.e. before six days of starting the vacation. It was taken up for hearing on 13.4.2011, but no one appeared to press the appeal. In view of its long pendency for nearly fifteen years, we took it up for disposal even in absence of th..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....h, the result of the elections of the 4 (four) Pourashavas in question was bound to be declared to have been held without lawful authority and is of no legal effect, but the High Court Division on an erroneous approach of the case declared the election of the 4(four) Pourashavas, namely, Cox's B......t without preparing a fresh voter list excluding the Rohingas who are not citizens of the country the holding of elections of the 4(four) Pourashava was illegal. The High Court Division also took the view that although the elections of the 4(four) Pourashavas were held because of the order of stay p..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
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