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Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....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. ......by the prosecution. It has not been proved whether the notice was issued by the competent authority and as such the Judgment and order of conviction and sentence is not sustainable in the eye of law and as such the same is liable to be set aside. 9. Mr. Md. Khurshid Alam Khan, learned Advo..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....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. ...... P.W.12. So, the trial Court should have not relied on the evidence of such partisan and related witnesses. Therefore, the impugned judgment and order of conviction and sentence is not sustainable in law. Thus he prays for rejection of reference and to allow the appeals and to acquit the condemned-p..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....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. ......ate expectation may arise where the decision of administrative authority affect a person either by altering rights or obligations of that person which are enforceable by or against him in private law or by depriving him of some benefit which he has in the past been permitted by the decision ..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)
....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. ......w 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; then the petitioners enquired into the matter by engaging a lawyer and came to know definitely about the ex-parte order on 29.05.1997; the petitioners were ser..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....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: ......Rule 61 of Dhaka Metropolitan Building (Construction, Development, preservation and Eviction) Rules 2008, in case of construction near Lalbagh Fort should not be declared to have been done without lawful authority and of no legal effect and/or pass such other or further order or orders as to thi..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ...... 3. Mr.Mohammad Abdullah, the learned Advocate appearing on behalf of the petitioner submitted that the Appellate Court absolutely on erroneous understanding of the law, facts and without sifting the deposition and reverting the observations of the trial Court set-..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....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. ......ctober 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 Division? The resolution taken by the Board of Directors..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
.... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......interference by this Court. On the other hand Dr. Rafiqur Rahman, learned Advocate appearing for respondent Nos.2 and 3 submits that the Nari-o-Shishu Nirjatan Damon Tribunal is creation of a special law namely, Nari-o-Shishu Nirjatan Damon Ain, 2000 and therefore, the Tribunal should be governed st..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)
....appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:...... such grounds are absolutely the disputed question of facts and the same should be decided at trial. The pleas of the appellants are nothing but the defence plea. Be that as it may the proposition of law is now well settled that on the basis of defence plea or materials a criminal proceedings should..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....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. ......t for specific performance for enforcement of the original contract said to have been executed in 1964 having not been filed within 3 years of refusal, the said contract was barred by operation of law. Mr. Mahmudul Islam contended that Hasan Ali Driver had constructive knowledge about the refusa..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
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. ......ty Attorney-General appearing on behalf of the State, submits that this is not a fit case for quashment as the contention of the accused-petitioner is misconceived in view of the settled principle of law as decided by our superior Courts in several cases, namely Shahera Khatun Vs. Abdur Rahim Sheikh..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
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. ...... 5. The petitioner voluntarily surrendered before the Chief Judicial Magistrate, Naogaon with a prayer for bail on 6-7-2009 and on the same date he was enlarged on bail. 6. As per the provision of law the case record transferred to the Court of Sessions Judge, Naogaon, it has been registered and ..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....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: ......ralty Suit No. 39 of 2000, Admiralty Suit No. 40 of 000, Admiralty Suit No. 42 of 2000, Admiralty Suit No. 43 of 2000, were heard one after another and since all the suits involve similar question of law and facts the same are now disposed off by this single judgment. 2. The plaintiff in Admiralt..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. ...... and Special Audit/Information System Audit of the Telecom Operators in Bangladesh and appointment of respondent Nos.10-12 as the Information System Auditors should not be declared to be without lawful authority and of no legal effect and as to why the respondent Nos. 2-4 should not be directed..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
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. ......omoted to the post of Assistant Engineer had been so promoted upon special consideration only and not in accordance with the circular dated 11.08.1996; (ii) whether the High Court Division erred in law by not considering that the 162nd Board meeting made the decision of the 28th Board Meeting da..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: ...... No.13(6)07 and Title Suit No.6451 of 2008 to meet the ends of justice. 7. On the other hand, Mr. Nazibur Rahman, learned Deputy Attorney General appearing for the State submits that the policy of law is that a criminal case should be disposed of with least possible delay. In the facts and circum..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: ......pur and was registered as Nari-o-Shishu Nirjatan Damon Case No.23 of 2000. The learned Judge of the Tribunal by his order dated 13.9.2000 framed charge against the appellant under the said section of law, to which he pleaded not guilty and claimed to be tried. 4. The prosecution in order to prov..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. ......portunity some miscreants took possession of the said property by force. That the petitioner lodged complaint to the Sub-Divisional Officer (Sadar, South), Dhaka for the eviction of those unlawful occupants but did not get any result. Rather those illegal occupants took allotment of the sa..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....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. ...... are not legally entitled to any relief from the Court and thirdly, interference of the proceedings by the High Court Division at the stage of investigation of the cases are not permissible in law. 8. Mr. M Amir-ul-Islam argued that over the selfsame incident, the respondent having ins..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39