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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. ......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. ......e accused-petitioner under the said section of the Act, 1881. The accused petitioner surrendered before the Chief Metropolitan Magistrate, Dhaka and obtained bail. The case being ready for trial, the record of the case was transmitted to the Metropolitan Sessions Judge, Dhaka who took cognizance in ......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. ..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
....ion and the aforesaid view has been reflected in the case of Ayub Ali Vs. Abdul Khaleque, 56 DLR 489. Against this backdrop of the case, the submission made by the learned Advocate does not hold good and the same falls through. 19. Considering the above facts and circumstances of the ......was lodged against the convict-petitioner (hereinafter referred to as the petitioner) and others under section 4 of the Explosive Substances Act on 4-12-1998. 3. During investigation, the police recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. H...... 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. ..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: ......d ultimately she was recovered from the maternal house of respondent No.1 on 3.5.2004. On the following day, she went to Golachipa police station for filing an ejahar, but the police was reluctant to record the same. Then, she filed Nari-o-Shishu Case No.157 of 2004 before the Nari-o- Shishu Nirjata......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: ..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: ......42 of the Code of Criminal Procedure and he claimed himself to be innocent and refused to adduce any defence witness. 8. The Nari-O-Shishu Nirjatan Daman Tribunal after considering the evidence on record found the accused appellant guilty punishable under section 10 of the Nari-O-Shishu Nirjatan ...... On that day she submitted a complaint to the Managing Committee of the school. The Managing Committee took up investigation and took punitive action against the accused appellant, suspended him from service and instructed her to lodge an FIR with the Police Station. The accused appellant admitted h..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... Government as per President Order No.16 of 1972 and so far said vesting has not been challenged by any parties, purchase of respondent Nos.11-14 from plaintiff appellant shall stand acquiring good title to them and possession, of respondent Nos.11-14 under such purchase cannot be questi......med that no land was sold by defendant No.1 to anybody else except them. Defendant No.4-8 and defendant No.9 and 10 made contradictory statements as to the sale of land. It is further found from record that defendant No.1 sold an over 0.8800 acres of instead of 0.7187 acres to defendant Nos.4-...... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)
....ule is herby vacated. 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:......as pleased to frame as many as 4 issues. The petitioners in Arbitration Revision examined one witness and the present opposite party No. 4 adduced one. 5. Upon hearing the parties and perusing the records the learned Joint District Judge and Arbitration Court, Dhaka allowed the Arbitration Revisi......ule is herby vacated. 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:..Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165
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: ......s, in fact, making the proposal and that before filing RFP the petitioner-company has duly sent a letter of clarification. 22. It is fact that accepting such anomally, as is apparent from the records, respondent no.6 vide letter dated 11.04.2010 short listed 8 (eight) contractors where CGG......he eligible contractors in order to get seismic contract for carrying out 2-D land seismic survey involving about 3100 Lkm data acquisition including Data Processing and Interpretation and related services. CGG Veritas, France on 28.10.2009 submitted EOI along with other participants including B..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....d counsel for the petitioner to the effect that Companies Act does not recognize class amongst shareholder, Mr. Karim, the learned counsel submitted that the submission of Dr. Zahirdoes not hold good in view of section 85(1)(e) of the Companies Act. As to the submission of Dr. Zahir that provis......riods. It is stated by the Petitioner that in the event this Court condones the delay in delay in holding AGMs for the aforesaid years, the respondent No.1 company would need to fix a fresh record date as per SCE Notification No.SEC/CMRRCD/2008-183/Admin/03-36 dated 5-10-2009; to constitut......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
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. ......ined under Section 342 of the Code of Criminal Procedure but they claimed their innocence. Thereafter, upon hearing both the parties and considering the facts, circumstances and evidence on record the learned Special Judge passed the impugned judgment and order of conviction and sente...... 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. ..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)
....esent respondents as defendants for realization of Tk. 17,07, 996.30. 3. The plaintiff in his plaint stated inter-alia that the defendant No.1 being a businessman, used to deal with electronics goods. He filed an application to the plaintiff bank to renew his previous loan, thereafter, on 11.0......all maintainable and, as such, the Suit is liable to be dismissed. 14. We have gone through the pleadings of the parties, evidence adduced by the P.W.1 and D.W.1, the bank statements kept in the record and other materials on the records and we have also considered the provisions of law. Now let......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: ..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
...., constitutes a seditious offence and the violators remain liable for all time to come. 25. Now the time has come to put an end to the illegal regimes and the much used Doctrine of necessity for good and the indulgence of condonation of past and closed transactions. The people of Bangladesh are......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. ......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. ..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. ......rted decision of a Division Bench of this Court in the case of SDS Dairy Limited Vs. Bangladesh and others. 11. We have examined the writ petition, the affidavit-in-opposition and the materials on record as well as the impugned order. The relevant portion of the impugned order (Annexure-E to t...... 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. ..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... series). Since the petitioner was facing severe financial crisis was finding difficulty to cope with the various expenses of his treatment, consequent thereto he had to sell his personal household goods belonging to him. Ultimately, the petitioner regained his health around 09.09.2007 and after...... 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: ................................Petitioner Vs. Bangladesh and others…...........………….Respondents Judgment May 15, 2011. Result: The Rule is made absolute. The service of a government servant comes to an end when his resignation is accepted by the authority c..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. ......intiff that .0114 acres of land of plot No.1409 appertaining to C.S. khatian No.742 corresponding to S.A. khatian No.1203 of Mouza No.137, Bhagaban Nagar within Police Station Sailakupa Jhenaidah was recorded in the name of Rehan Uddin Mandal in Khatian No.1203 Rehan Uddin Mandal died leaving sons a....... 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. ..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. ......d proceeding should not be interfered with on these grounds or at this stage. He also submits that the sanction was given after proper application of mind and upon assessment of the materials on record and that there was no illegality in according the sanction. He, therefore, prayed for dischar......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. ..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)
....sert, either temporarily or permanently, its dominion over any portion of the soil of the State including private property without its owner's consent on account of public exigency and for the public good. Eminent domain is the highest and most exact idea of property remaining in the Government, or ......onstituted by the Government although measured the land in order to ascertain 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, ......r dismantling any building constructed in breach of any terms or conditions of section 3. Section 7 provides for removal of the building if the owner fails to remove unauthorized construction despite service of notice. Section 9 of the said Act authorized the Authorized Officer to cancel the sanctio..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. ......sult he could not file appeal in due time and as such he preferred the instant application under Section 561A of the Code of Criminal Procedure upon which rule was issued. 3. It appears from the record that one Md. Alauddin Bepari, Son of Late Reaz Uddin Bepari, of village-Konoiyadda, Police st......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. ..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....of law and order, encroachments in the river, environmental pollution or excesses or laches and negligence or recklessness on the part of the concerned indifferent officials of the government, ensure good governance and provide necessary redress in accordance with law at the earliest opportunity.
......, i.e. the vehicle to enforce the fundamental rights is article 102, which speaks about availing the vehicle by filing the application. Article 108 has said that the Supreme Court shall be a Court of record and shall have all the powers of such a Court including the power subject to law to make an o......pronounces:
It is the duty of every citizen to observe the Constitution and the laws, to maintain discipline, to perform public duties and to protect public property.
Every person in the service of the Republic has a duty to strive at all times to serve the people.
13. The Const..
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.......ase, the accused-petitioner has incurred the criminal liability of cheating the complainant-opposite- party no. 2. We have heard Mr. Md. Khurshid Alam Khan and Mr. Sirajuddin Ahmed and perused the record. 7. At this juncture, we deem it prudent to refer to Section 138(1) of the Negotiable Inst...... 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...Category: Banking Law | Date: 12 May, 2011 | Hits: 251
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