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Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)

....order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......itious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......ved in their order dated 24‑9‑86, that the appropriate Court could be moved for quashing the proceeding. 11. The learned Advocate also repeatedly urged the Court to take into consideration the nature of the Bainapatra. According to him, it is a forged one and the Court should see that substan..

Category: Procedural Law | Date: | Hits: 71

State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

.... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......le and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......ing an allottee from the Export Promotion Bureau (EPB), an offshoot of the Ministry of Commerce. An approved site plan of BGMEA for the construction of a multistoried building was issued under the signature of RAJUK’s secretary on 14th July 2003, pursuant to a decision taken in one of RAJUK’s ge..

Category: Constitutional Law | Date: | Hits: 642

Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)

....ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ...... prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ...... so-called limitation as to the period and the amount of the fund is no longer there. In fact, there was no restriction before the impugned amendment in law on the power of the trustees to change the nature of the fund by increasing its period or the capital. A fund is a trust and not a statutory cr..

Category: Business or Commercial Law | Date: | Hits: 462

Ranjit Vs. Bangladesh, represented by the Secretary, Ministry of Jute, Bangladesh Secretariat, Dhaka and others, 2007, 36 CLC (HCD)

....cted to pay the salary and other benefit to the petitioner in accordance with law. 10. However, there will be no order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 19. ......oner in accordance with law. 10. However, there will be no order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 19. ......is made absolute. A sweeper i.e. one who sweeps or cleans  is a worker since the job does not indicate that the job is something of managerial, administrative, supervisory or solely clerical nature………………………………..(6) Case Referred to- Bimal Sarder and others Vs...

Category: Criminal Law | Date: | Hits: 143

Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)

....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ...... this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......im Rafiq by strangulation. He further stated that Police had recovered a money bag and a shorts from the house of the accused A. Latif and prepared seizure list. He proved the seizure list and his signature therein as exhibit 1 and 1/1 respectively. He stated that witness Jahangir had died before 2-..

Category: Criminal Law | Date: | Hits: 170

Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

....duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ......ays from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ......he basis of final assessment and the difference between them to be paid by the importer or by the exporter……………(13) The word "shall" used in section 81 of the Customs Act is mandatory in nature. Without following the mandatory provisions the respondents have made clear violation and wit..

Category: Fiscal/Taxation Law | Date: | Hits: 194

Gopinath Das and others Vs. Government of Bangla­desh & others, 2010, 39 CLC (HCD)

....of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......nce. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......ssible in law. 25. Mr. Mahbubey Alam, learned Attorney-General, appeared on behalf of the Government and submitted before us that a bare glance through the records of the suit, way of prosecution, nature of claim set up and sudden culmination of design in a compromise decree ipso facto suggest th..

Category: Property Law | Date: | Hits: 149

Shah Alam (Md.) Vs. Bangladesh Water Deve­lopment Board, 2012, 41 CLC (HCD)

....rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ...... the case it appears that award was filed in Court on 20-8-2005. From order dated 27-8-2005, it appears that the learned Advocate for the Water Development Board in the margin of the order put his signature by signing. Thereafter, it appears that the learned Advocate for the Water Development Board ..

Category: Civil Law | Date: | Hits: 195

Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)

....Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......own the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......ng under section 143 Cr.P.C. is initiated only to hold peace and to avoid the breach of peace that may likely to occur in a dispute over landed property be­tween the parties. In a proceeding of this nature the magistrate is not to enquire and find out the actual title of the parties in the subject ..

Category: Criminal Law | Date: | Hits: 88

Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)

....n 420 of the Penal Code now pending in the Court of Chief Metropoli­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......oli­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......d be cashed in normal case, it would be prima facie proof of the intention to cheat". In the present case we have no scope to find either from the complaint petition or from the circumstances and the nature of the transac­tions as are admitted that the petitioner while issuing the post-dated cheque..

Category: Criminal Law | Date: | Hits: 67

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......ult, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......all, with­in the meaning of the Indian Evidence Act, 1872 presume that such order was so made by that authority. It is now well-established principle that the statutes containing provision of the nature noted above require that the order is passed in the exercise of the power conferred by the st..

Category: Criminal Law | Date: | Hits: 78

Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)

....the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ...... if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......report, sent the dead body to the morgue for autopsy and received the post mortem report stating that the death was due to asphyxia resulting from strangulation which was ante-mortem and homicidal in nature. During his investigation, it was revealed that on the fateful night the wife of the accused ..

Category: Criminal Law | Date: | Hits: 91

Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)

....e petitioners if they misuse the privilege of bail in any manner whatso­ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ......ail in any manner whatso­ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ......ctory reparation can be afforded to him for his unjustified detention if he is acquitted after trial. Where there is no prima facie case against the accused and the materials on record is of doubtful nature, the accused is entitled to be enlarged on bail. Moreso, the merit of the case should not be ..

Category: Criminal Law | Date: | Hits: 95

Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

..... Hence, the Rule is discharged. Stay granted earlier by this Court be vacat­ed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......er by this Court be vacat­ed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......ty of the writ petition under such circumstances has not been raised or decided in the said decision and as such the facts and circumstances of 57 DLR's case and of the present case may be of similar nature, but that will not help the petitioner to invoke writ juris­diction under Article 102 of the..

Category: Administrative Law | Date: | Hits: 455

Dr. Md. Habibullah Vs. Additional Secretary and Member (Appeal and Revision) and others, 2007, 36 CLC (HCD)

....cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 704. ......period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 704. ......ustoms Bond Warehouse for the Diplomats and privileged persons" was included against item No. 7. Office of the respondent No. 3 in pursuance of SRO No. 318 issued a letter dated 23- 7-84 under the signature of the Range Office requiring the petitioner to obtain registration on deposit of Taka 100 by..

Category: Administrative Law | Date: | Hits: 491

Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)

....f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......ontinue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......State………………………Opposite parry Judgment May 6, 2008. Result: The Rule is discharged. The Negotiable Instrument Act, 1881 The Negotiable Instrument Act, 1881, by its nature, is not a cumbersome Act, and the proceeding under section 138, once the offence is admitted,..

Category: Criminal Law | Date: | Hits: 103

Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)

....ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......ith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......m, who deposed in support of his post mortem report and opined that death was caused due to hemorrhage and shock as a result of injuries mentioned in the report which are ante-mortem and homicidal in nature. 31. P.W.11, SI Israil Hossain is the second investigating officer who deposed that he vis..

Category: Criminal Law | Date: | Hits: 74

Md. Atiar Rahman and others Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (AD)

.... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in:  ......J Md. Atiar Rahman and others…........................................................Petitioners Vs. The Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others…………..............................Respondents ...... capricious manner and that action impugned i.e., cancellation/curtailment/reduction/stoppage/non-payment of the Honorarium was a malafide action of the Writ Respondents and same manifest from the nature and kind of action complained of and is evident from materials on record. The materials in t..

Category: Civil Law | Date: | Hits: 104

Stadmax Ltd. Vs. General Manager, Credit Information Bureau, Bangladesh Bank & others, 1998, 27 CLC (HCD)

.... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 594. ......tion. And it is, accordingly, rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 594. ...... to the Hon'ble Finance Minister is prohibited. The expression "Credit Information" as defined in Article 42(c) of the Bangladesh Bank Order, 1972 means any information relating to the amount and the nature of loans or advances and other credit facilities granted by a banking company to any borrower..

Category: Civil Law | Date: | Hits: 119

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)

....ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......r of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......Enterprise contained hazardous materials and was imported in contravention of the provisions of the Basel Convention. It is further contended that the vessel in question, like all others of a similar nature, contained haz­ardous materials and ought not to have been granted the NOC, particularly in ..

Category: Environmental Law | Date: | Hits: 688