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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: ......4)2009 was pending. The complainant being aggrieved by the said report filed a naraji petition on 5.7.2009, upon which the learned Judge of the Tribunal heard the parties and found that the complaint case and the aforesaid Raipura police station case did not arise out of self same occurrence. Thus t...... 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: ..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:......in Nari–O-Shishu Nirjatan Case No.364 of 2004 framing charge under Sections 11(L), 30 of the Nari-O-Shishu Nirjatan Daman Ain 2000(briefly as Ain 2000) against the appellants. 2. The prosecution case put in nutshell are that on 08-09-2003 one Ali Ahmed filed a petition of complaint in the Court......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:..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. ......w. Mr. Mahmudul Islam contended that Hasan Ali Driver had constructive knowledge about the refusal by Paresh Nath to execute the sale deed in pursuance of the contract. In the facts of the given case there cannot be novation of the contract which will be enforceable by law. Mr. Islam added tha......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. ..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
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. ......e aforesaid amount; that on proper inquiry is found that the Ahmed Enterprise is a non-existing business concern. It has been mentioned that the said Labu Miah is not intentionally implicated in this case for the fear that he may disclose the actual complicity of the bank officers before the Court; ......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. ..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. ......uddin and another…………..........Opposite-Parties Judgment September 20, 2011. Result: The Rule is discharged. A revenue officer acting in mutation cases under section 143 of the State Acquisition and Tenancy Act, 1950 is not a court, although the ......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.
......should be declared as illegal and without lawful authorityand are of no legal effect.
5. Mr. Chowdhury drew our attentioninto the Probidhan Mala, 2009 of Board of Secondary and Higher Secondary Schooland submits that respondent No.2 has no jurisdiction to pass such order ofcancellation of the sch..
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. ......iddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued upon the opposite parties to show cause as to why the proceedings of Sessions case No.215 of 2009 arising out of CR case No.406/8 (Naogaon) dated 28-8-2008 under section 138 of t...... 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)
....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: ......aving of the country they were always remaining on board the vessel and left by Air ways. He stated that as his lawyer was busy during the last ten years he could not come to the court and pursue the case. He asserted that all the crew members, are alive but he has no other documents to show that th......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: ..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. ......e issue of locus standi of the petitioners, let us address the same first. The locus-standi is not a right of a litigant, rather it is the discretion of the Court to allow audience to a litigant. The cases like Sidebothans and Tariq Transport cited above represent the restrictive and conservative vi......d on a particular set of facts and the principle of locus standi as decided in the said case has not been accepted by our Apex Court in subsequent cases as a general law to apply in all cases. In the landmark case of Dr. Mohiuddin Farooque Vs. Bangladesh, 17 BLD (AD) 1 = 49 DLR (AD) 1, the case of S..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. ...... It is stated by the petitioner that at its 162nd meeting held on 27.11.2007 the Board of DESA appointed eight Sub-Assistant Engineers who had obtained AMIE degree or B.Sc. engineering. In a separate case one Rafiqul Islam obtained AMIE degree and applied for one-step-out-of-turn promotion in accord......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. ..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: ......bunal, Jamalpur in Nari-o-Shishu Nirjatan Damon Case No.12 of 2007 rejecting an application filed by the accused-appellants under section 344 of the Code of Criminal Procedure for postponement of the case. 2. Facts relevant for disposal of the appeal, in brief, are that respondent No.2 Mst. Shewl......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: ......olice, after investigation submitted charge sheet on 6.7.2000 under section 10(1) of the Nario-Shishu Nirjatan Damon Ain (herein after referred to ‘the Ain’) against the sole appellant. 3. The case after being ready for trial, was sent to the Nari-o-Shishu Nirjatan Damon Tribunal, Lakshmipur ...... 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. ......f Bangladesh the said property was enlisted as abandoned property by notification in the official Gazette dated 28.04.1986. 4. In the year 1987 the respondent-writ petitioner Kazirul Huq filed a case being No.804/87 in the Settlement Court, Dhaka praying for exclusion of the said property from ....... 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. ..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
.... 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. ......iffs, filed Title Suit No.500 of 1983 against the present defendant-respondents in the court of Subordinate Judge, Jhalakati praying for partition of the land described in schedule to the plaint. The case of the plaintiffs, in short, was that the land measuring 8.19 acres appertaining to C.S. Khat......s:— 3. The present petitioners, as plaintiffs, filed Title Suit No.500 of 1983 against the present defendant-respondents in the court of Subordinate Judge, Jhalakati praying for partition of the land described in schedule to the plaint. The case of the plaintiffs, in short, was that the land me..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
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. ......inion separately on the question of the High Court Division's power to quash a criminal proceeding in exercise of powers under Article 102 of the Constitution. We have come across in a number of cases and find the High Court Division is not maintaining uniformity in entertaining and disposin......erajuddowlah Vs. State, 43 DLR (AD) 198; West Bengal Vs. Swapan Kumar Guha, AIR 1982 SC 949; Halsbury in Quinn Vs. Leathern, 1901 AC 495; Babhutmal Vs. Laxmibai, AIR 1975 SC 1297; Rex Vs. Northumberland Compensation Appeal Tribunal, 1952 1 All ER 122; Satyanarayan Vs. Malli-karun, AIR 1960 SC 137..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....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. ......arged. If the confessions are considered in the light of the above said Principle the same can not be accepted as confession, as the same were not in terms of the offence charged against them in this case. Therefore the statement of accused shall not have the effect to bind them nor could it be bind......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
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
.... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ...... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ...... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
.... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ......shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered. In the case of any actual or apprehended loss or damage, the carrier and the receiver shall give all reason......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 76.076 M.T. of CDSO. The said short landing was endorsed by the customs authority at Chit..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
.... 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. ......l Code. 3. Accordingly Kotwali Police Station Case No.81 dated 18-11-2003 under sections 406/409/ 420 of the Penal Code against cashier Farid Uddin alone was recorded. After investigation of the case it was found that Farid Uddin in collusion with Iqbal uddin Ahmed Chowdhury, Nasiruddin and Nas...... 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. ..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....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. ......ding upon the plaintiff. Civil Revision No.4488 of 1995 arisen out of Other Suit No.28 of 1984 and renumbered as Other Suit No.42 of 1991, was suit for specific performance of a contract. 2. The case of petitioner, as plaintiff, in Civil Revision No.4490 of 1995, is that, suit land originally b.......28 of 1984 and renumbered as Other Suit No.42 of 1991, was suit for specific performance of a contract. 2. The case of petitioner, as plaintiff, in Civil Revision No.4490 of 1995, is that, suit land originally belongs to Abdul Jabbar and Mohammad Ismail, co-sharers and was recorded as such in ..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
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