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R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....Annexure-H) shall not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders as to this Court may seem fit and proper. 2. The relevant facts are that the petitioner company is incorporated under the Companies Act and is e....... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ......tijheel, Dhaka……………………………………………Petitioner Vs. Government of Bangladesh and others…………………….Respondents Jud....... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....n of offence deserves no interference. 9. Perused the Memorandum of Appeal, First Information Report. Final Report submitted by the Investigation Officer filed with supplementary affidavit and the relevant provision of law and heard the learned advocate and the learned Deputy Attorney General at ......ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ...... Judgment July 20, 2006. Result: The Appeal is allowed. Lawyers Involved: Kh. Saiful Haque-For the Accused-Appellants. Nikhilesh Dutta, Deputy Attorney-General with Md. Rabiul Karim and Md. Iqbal Hossain, Assistant Attorney-General-For the Respondent. Criminal Appeal No.1083 of ......ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....viously provided in the Indian Succession Act (X of 1965), The Hindu Wills Act (XXI of 1870), The Probate and Administration Act (V of 1881) and others Acts. If, therefore, upon an application of the relevant provisions and tests laid down in the succession Act a particular bequest as in the present......a Roy informed about that proceedings to her brother petitioner. Thereafter the petitioner making contact with the Barakuti Tahsil office got full particulars regarding the said probate from the papers submitted by the principal opposite party No.1 in the mutation proceeding. 5. It is furt......hellip;………………………………………………..Appellant Vs. Sree Nagendar Nath Roy and others……………………………&h......missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)
....ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ......huiyan and others in pursuance of a decree of Title suit No.249 of 1975. The Government has leased out the land of plot No.1805 and rest of the suit land is being settled to landless cultivators. The papers produced by the plaintiff are forged and fraudulent. 4. The added defendant nos.4-7......dgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ......2, 2006. Result: The Rule is discharged. It is the plaintiff who is to prove his own case independently and must not depend on defence witness. There may be thousands of defects in the documents of the defense as well as their case, but that does not entitle the plaintiff to get ..Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
....llowed by the petitioners. Sub-section (6) of section 21 of the Act provides for a mechanism of repair of any rented premises on an emergency basis. Anyway, as the petitioners did not comply with the relevant provisions of section 21 of the Premises Rent Control Act, 1991, the repair of the suit sho......d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ......e is also Reported in: 61 DLR (HCD) (2009) 518. ......d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)
.... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ......s. Shamsul Islam alias Md. Shamsuddin and others reported in 4 MLR (AD) 193. 11. We have heard the learned Advocates at length and perused the revisional application and the grounds thereunder and papers and documents and annexures of the application and the counter affidavit filed by opposite pa......diction) Present: Mir Hashmat Ali J ABM Hatem Ali J Moulana Mohammad Baquer Siddiqui…………………………………………….Petitioner Vs. Tamizuddin Khan Trust Estate and others……………………………………..Opposite Parties Judgment June 25, 2006.......Islam alias Md. Shamsuddin and others reported in 4 MLR (AD) 193. 11. We have heard the learned Advocates at length and perused the revisional application and the grounds thereunder and papers and documents and annexures of the application and the counter affidavit filed by opposite party No.1. ..Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27
....ed.
3. Perused the writ petition and heard the learned advocate appearing for the petitioner and the learned Assistant Attorney General, appearing for the Respondent No.1.
4. Facts is brief relevant for the purpose of the disposal of the Rule are that the petitioner being engaged in 1......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
...... J.-Rule was issued calling upon the Respondents to show cause as to why the Notice being Nothi No.5(13)87/Cus-Bond/96/17407 dated 29.8.2005, evidenced by Annexure-E to the Writ Petition demanding payment of Tk. 2,14,50,715.00 should not be declared, to be issued without lawful authority a......7. The Learned Assistant Attorney General appearing for the respondent No.1 submitted that investigation was made against the petitioners claim and found that the Copy of the Pass Book and other documents related to the export were discrepant and hence claim of export was not accepted by the Cu..
Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5
Md. Didarul Hasan Vs. State, 2006, 35 CLC (HCD)
....in, 2000 there is no scope for granting anticipatory bail. In the result, this rule is made absolute with this observation. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 65. ......the Chief metropolitan Magistrate, Chittagong, where summon were issued against the accused petitioner. This case is still under investigation. 5. Since charge has not yet been framed and on the papers submitted by the complainant through an application for cancellation of bail we are of the vi......ged the accused petitioner on anticipatory bail. 2. The complainant was not made a party, in the rule petition, later on, she was added as opposite party, alleges that, the accused petitioner demanded dowry of taka two lacs during subsistence of the marriage and for that realization of dowry, t......in, 2000 there is no scope for granting anticipatory bail. In the result, this rule is made absolute with this observation. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 65. ..Category: Women and Children | Date: 25 May, 2006 | Hits: 26
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
....minal Appeal No.3726 of 2005 order dated 16.3.2005 passed by the Tribunal giving custody of the minor girl Jannatun Moor Popy to her mother application dated 2.7.2005 under section 31 of the Ain, the relevant provision of Section 31 read with Section 20 Sub-section (8) inserted by section 10(Kha) Na......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. ......ith Advocate Kowser Parvin Hoque………………………………………….Appellant Vs. The State and others……………………………&h......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
....
An agency relationship
will arise from an agreement particularly from a contract, the express or implied
terms of which govern the rights and liabilities of the parties. In the absence
of any relevant express terms their obligations must be regulated by rules of
law applicable to the relati......ich opened on
19.08.1996 and closed on 26.08.1996. In the process of approval of prospectus
all information including the financial statement, audited report of the
Company and all other related papers were prepared by Wonderland Toys Ltd, its
auditors and those others who were entrusted wit......CD) (2008) 57.
...... 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)
....hanics, Cleaners and Data Entry Assistants for 90 days and subsequently they were extended 4th/5th time and lastly extended until 18.04.2004. It is also stated that the petitioners have quoted the relevant provisions in respect of Academic Qualification for the overhaul and other trades, it is s......rity. In reply to our query Mr. Shamsur Rahman the learned Advocate for the respondent-Biman has placed before us some documents said to have been the Recruitment Rules. We have gone through these papers and found that there is no date of framing the "নিযোগ বিধি” nor the name......ported in: 28 BLD (HCD) (2008) 427. ...... 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)
....ht some disturbing allegations against many of them. 37. It appears that many of the national newspapers brought out reports about nonpayment of telephone bills which reached crores of taka. The relevant news report clippings are annexed with the petition. Those reports and the statements made ......AST provides legal aid to the needy and the poor in various Courts up and down the country, including in the Supreme Court, to vindicate their rights. 3. Referring to various reports in the news-papers published from time to time, it is stated in the petition that 226 members of the Fifth Parli......8) 40; 13 MLR (HCD) (2008) 233. ......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)
....ect and why a declaration should not be made to the effect that the petitioner was and continue to be in service with all attended benefits of pay and others service benefits. 2. The short facts relevant for the purpose of the case are that the petitioner obtained the degree of M.S.C from Rajsh......espondent 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') date......……………………………Petitioner Vs. The National University, Gazipur represented by the Vice-Chancellor, Gazipur-1706 and others……………………………&h......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)
....those offences and for proving the cases, the rules of evidence under the Evidence Act are followed in those cases. 12. For appreciating the questions involved, we would like to extract the relevant provisions of the Narcotics Control Act 1990 and the Special Powers Act, 1974. Section 4 of......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. ......abya Khatun…………………………………………………..Petitioner Vs. The State and another……………………………&......39; 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) proof of existence, condition and contents of documents. 31. A confessio..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)
.... 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. ......Petition. Glanced through the photo copies of the plaint of Title Suit No.226 of 1959, Petition of Compromise, Plaint of Title Suit No.86 of 1986 and Written Statement laid in the said suit and other papers annexed in Revision Petition as Annexures. Explored grounds pressed into service in support o......er the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ...... 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
Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)
....ould be dismissed having no substance. 9. We have heard both sides and perused the F.I.R, charge sheet, 161 and 164 statements of victim Mahbuba Delwar, impugned order dated 05.10.2005 and other relevant papers. 10. According to the First Information Report informant's daughter Mahbuba Del......ismissed having no substance. 9. We have heard both sides and perused the F.I.R, charge sheet, 161 and 164 statements of victim Mahbuba Delwar, impugned order dated 05.10.2005 and other relevant papers. 10. According to the First Information Report informant's daughter Mahbuba Delwar aged ......urt Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Quddus J Md. Abdul Hye J Delwar Hossain.................................Appellant Vs. The State and others.........................Respondents Judgment April 17, 2006. Result: ......nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ..Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24
Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)
....975. On 7.11.1975, the plaintiff again filed a petition praying for time, which was allowed upto noon of that day. After that, the plaintiff did not appear at the hearing. 6. Considering all the relevant papers, the Additional Deputy Commissioner (Revenue) rightly cancelled the lease granted to.......11.1975, the plaintiff again filed a petition praying for time, which was allowed upto noon of that day. After that, the plaintiff did not appear at the hearing. 6. Considering all the relevant papers, the Additional Deputy Commissioner (Revenue) rightly cancelled the lease granted to the plai...... Present: Syed Mahmud Hossain J Government of Bangladesh……………………………Petitioner Vs. Kalimuddin Pramanic and others…………………..Opposite Parties Judgment ......t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ..Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....ds stated there in, complaint petition, photo copy of grievance petition by the victim filed in thana on 29.12. 2004, enquiry report of Magistrate, impugned order dated 20.3.2005, annexures and other relevant papers. 12. It appears that the complainant Ms. Ok Kyung Oh filed the petition on 5.1.20...... there in, complaint petition, photo copy of grievance petition by the victim filed in thana on 29.12. 2004, enquiry report of Magistrate, impugned order dated 20.3.2005, annexures and other relevant papers. 12. It appears that the complainant Ms. Ok Kyung Oh filed the petition on 5.1.2005 before......ting to sexual harassment under section 10 of Nari-O-Shishu Nirjatan Daman Ain, 2000, there will be no scope for the Tribunal to take cognizance of offences under Penal Code like forceful confinement and beating separately in case in the absence of any offence under provisions of Nari-O-Nirjatan Dam......an of Tachung packaging BD Ltd. of which she claimed to be Managing director with further allegation that her husband Mr. Bo-Sun Park had been involved in doing illegal things as to creation of false documents and her so called resignation forging her false signature. She alleged that her husband on..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)
....sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ......rit petition was filed by the petitioner. 3. We have heard Dr. Kazi Akter Hamid, the learned Counsel for the petitioner and perused the judgment of the High Court Division and other connected papers. 4.The High Court Division upon hearing the learned Counsels for the parties and peru......ate, instructed by Md. Abu Siddique, Advocate-on- Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 426 of 2005. (From the judgment and order dated 28.11.2002 passed by the High Court Division in Writ Petition No. 5684 of 2002). ......sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ..Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
....ires from the trend of cross-examination of the prosecution witnesses and evidence given in defence is that of innocence and false implication. The definite case of the defence was that victim at the relevant time was 19 years of age. The accused married her with her free will and volition, as well ...... took her photograph at dagger's point. This witness further said that accused Kamala Bibi showed some documents relating to the marriage of the victim with accused Hannan. The locals collected those papers from Kamala Bibi and gave the same to him (P.W.2), which were marked as Exhts.2 and 3 respect...... Court Division (Criminal) Present: AKM Fazlur Rahman J Sayed Mohammad Ziaul Karim J Md. Abdul Hannan alias Khalil………………………Appellant Vs. The Sate and another……………………...........Respondents Judgment February 7, 2006. ......used Hannan. The victim told him that accused Hannan committed rape upon her against her will and took her photograph at dagger's point. This witness further said that accused Kamala Bibi showed some documents relating to the marriage of the victim with accused Hannan. The locals collected those pap..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
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