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Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)

.... imposing condition that if victim girl is not willing to go in the custody of the appellant she would remain in her safe custody which is prima-facie unwarranted misconceived and contrary to law and justice and as such not sustainable. The learned advocate further submits that the Tribunal utterly ......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ..

Category: Women and Children | Date: 10 May, 2006 | Hits: 6

National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

.... under Section 21 of the Securities and Exchange Ordinance, 1969 behind the back of the petitioner is liable to be declared to have been held without any lawful authority being violative of natural justice and also declared to have been held without lawful authority since the law does not contemp...... of shares to raise their capital on the basis of terms, and conditions as embodied in the agreement. The wonderland Toys Ltd filed an application dated 22.07.1996 supported by 13 other dif­ferent documents including the aforesaid agreement to the Securities and Exchange Commission for approval..

Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6

Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)

.....) Act, 1965. He then submits that the Labour Court failed to appreciate and consider the facts and circumstances of the cases and the evidence on record and consequently there is a miscarriage of justice leading to arbitrary, malafide and illegal decision and order and as such the same is passe...... as such these petitioners are not entitled to any relief. These cases were analogously heard with other I.R.O. cases by the 3rd Labour Court on the prayer of 12 petitioners and considering all the documents showing approval of the petitioners and other parties by the impugned judgment and decis..

Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9

Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)

....ing measures or actions taken by them for realizing the aforesaid arrear telephone bills but without any response (Annexure-E series, F, G, H and I), as such, the petitioner issued a notice demanding justice on 15-4-2001, through its learned advocate upon the respondents, requesting necessary steps ......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..

Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131

Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)

....ental sufferings of the petitioner. Such conduct of the Respon­dents is tantamount to non-application of mind and colourable exercise of power which is clear violation of the principle of natural justice. 15. It appears that no charge was framed against the petitioner nor any enquiry office......f of the Respondent Nos.1 & 2 to oppose the Rule. 8. Mr. Abdur Rab Chaudhury, the learned Senior Advocate appearing on behalf of the petitioner took us through the impugned order and annexed documents/papers available on record and submits that impugned order of suspension (Annexure-'A&..

Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2

Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)

....appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ...... not be proved, (b) facts of which the Court shall take 'judicial notice' need not be proved. The Evidence Act divides the sub­ject of proof into (i) Proof of facts other than contents of document and (ii) Proof of docu­ments including (a) proof of execution of documents and (b) proo..

Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10

Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)

....de constitute a Rule of Procedure advancing a remedy to rectify an error, mistake, omission or default in pleadings of parties. The consideration is to minimize the litigation and to advance cause of justice instead to stifle it. Prayer for amendment is to be liberally allowed so that rights of the ...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ..

Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29

Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)

....en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ..

Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127

Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)

.... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ......ent kidnapped her and took her in his house in Dhaka and then he shifted her to different places in Dhaka City and committed rape upon her. The accused also took her photograph and created fictitious document of marriage. The complainant unsuccessfully tried to lodge First Information Report with Pa..

Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78

Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)

....res judicata though the earlier suit for declaration, of title and khash possession and the present one for redemption of mortgage and thus commit­ted an error of law that occasioned a failure of justice. He again submitted that both the courts below failed to consider the evidence both oral and......ne for redemption of mortgage and thus commit­ted an error of law that occasioned a failure of justice. He again submitted that both the courts below failed to consider the evidence both oral and documentary in their true per­spectives and also misunderstood the munici­pal law that the m..

Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5

M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)

....ut he refused. Hence the suit. The plaintiff has come to court with clean hand bonafidely performing his part and seeks eq­uity for specific performance of contract and thus he is entitled to get justice and equity. 58. We are, therefore, of the view that the plaintiff is entitled to a dec......submitted by Mohsin Darber addressing the Chairman praying for permission for transferring the suit property in favour of the plaintiff. 16. The defendants examined none nor did they file any document in support of their contention. 17. The learned Joint District Judge on consideration..

Category: Property Law | Date: 15 Dec, 2005 | Hits: 8

M/S. Uttara Properties Ltd. Vs. Joint District Judge and Artharin Adalat No.1, Dhaka and others, 2005, 34 CLC (HCD)

....ing the petitioner opportu­nity to fulfil the requirement of law. The discretion of the Adalat in giving such opportu­nity has not been curtailed by the legislature in order to close the door of justice. …………………..(7) Cases Referred to- 57 DLR 164=25 BLD 171 La......tent of 25% of the de­cretal dues in default the Miscellaneous Case shall stand rejected. Communicate the order at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 64. ..

Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19

Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)

....the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ......aside the concurrent finding of the fact arrived at by the courts below on proper appreciation of evidence on record and the next submission that the courts below upon considering the oral as well as documentary evidences found that the suit was not brought before Civil Court by the aggrieved person..

Category: Property Law | Date: 8 Dec, 2005 | Hits: 90

International Finance Investment and Commerce Bank Limited Vs. M/S. Marinar Fashions Wear Pvt. Ltd. and others, 2005, 34 CLC (HCD)

.... erred in law in not allowing its such prayer for assistance to get such physical possession of the concerned properties. 6. Under such circumstances, the learned Advocate submits that for ends of justice and in exercising its jurisdiction as envisaged under Order XXI rule 98 of the Code, the nec......oying police force and other measures as provided in the Code. In the result, this appeal is allowed but without any order as costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007)61. ..

Category: Property Law | Date: 7 Dec, 2005 | Hits: 22

Most. Musarraf Sultana Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others, 2005, 34 CLC (HCD)

....ith the college au­thority, etc. Mr. Rahman submits that the impugned order of dismissal of the plaintiff-petitioner is illegal, without lawful authority and violative of the principle of natural justice having been passed without giving her any opportunity of being heard. Referring Regula­tio......o illegality or irregularity was committed in dismissing the plaintiff from her service. 5. Trial Court framed 4 issues for deci­sion. 6. Plaintiff examined 2 witnesses and produced some documents which were admit­ted into evidence and marked as Exts.1-7 while defence examined three w..

Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6

Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)

....r on appearing before this Court submitted that the learned Additional District Judge, 3rd Court, Dhaka has committed an error of law resulting in an error in the decision occasioning a failure of justice in passing the impugned order. He prayed for an interference by this Court with the impugne......rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ..

Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3

State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)

....d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229...

Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82

Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)

....nbsp; 8.  In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed.  Ed. ...... information which he knows or has reasonable cause to believe to be false, or not true, in any material particular, or (b) makes in any book, account, record, declaration, return or other document which he is required by an order under sub-section (1) to furnish any statement which he kn..

Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83

Jabbar and others Vs. State, 2005, 34 CLC (HCD)

....under section 396 of the Penal Code against all the accused persons, but later on the charge was altered to sections 448 and 302/34 of the Penal Code, to which they pleaded not guilty and demanded justice. 4. The defence case as it appears from the trend of cross-examination of the prosecut......d down the lower Court's records at once with a copy of this judgment, for in­formation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29.  ..

Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3

Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)

....ential relief, which is always permissible even before the apex Court. 7. Lastly, he read rules 23, 31 and 33 of Order XLI of the Code of Civil Procedure and submits that in order to do complete justice the Court of records always can allow the plaintiff to amend the plaint to give full relief ......him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668.   ..

Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1