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Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....a case under the Ain and the Rule is liable to be discharged. 5. The petitioner then filed another supplementary affidavit dated 3-5-2010 with new grounds that before issuance of warrant of arrest prior show cause notice was not issued upon the judgment-debtor-petitioner in violation of the provi......t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......2010. Result: The Rule is discharged. Cases Referred to- Rahima Auto Rice Mills Vs. Manager, Pubali Bank Ltd., 60 DLR 313;Sheikh Nazmul Haque Vs. Bangladesh, represented by the Secretary Ministry of Law, 14 BLC 107;Jahangir Chowdhury Vs. Artha Rin Adalat No.1 Chittagong, 61 DLR 167;Anow..Category: Civil Law | Date: | Hits: 154
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
....39 and Vendor of the deeds is Shashi Mohan Mondal. 18. To workout the legal controversy it will be profitable to have a look on section 48 of Transfer of Property Act. 19. Section 48 deals with priority of rights created by transfer. It enjoins that where a person purports to create by transfe....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ..Category: Procedural Law | Date: | Hits: 155
State Vs. Rois Khan and another, 2009, 38 CLC (HCD)
....our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ......our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ......Bangladesh. It may be so that high security officials were also involved in the matter for which the luggages of Ibrahim escaped the security check. We draw attention to the Government, particularly, Ministry of Home Affairs to look into the matter specially. If there be any person involved with t..Category: Criminal Law | Date: | Hits: 112
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....e the public eye. The further case of the petitioner is that any offence under section 138 of the Negotiable Instruments Act 1881 was triable by a Metropolitan Magistrate or a Magistrate, 1st Class prior to 09-02-2006 but by the Sub-section (C) of section 141 of the Negotiable Instruments Amendmen......nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ......nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ..Category: Criminal Law | Date: | Hits: 84
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ......Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ......nstead of protecting and defending the petitioners from such frivolous actions of the buyers, played a different role. At the recommendation of the Export Promotion Bureau and at the direction of the Ministry of Commerce, the office of the Controller of Imports and Exports, without giving any notice..Category: Civil Law | Date: | Hits: 140
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
....ance to the service of the Republic and guaranteed equal opportunity under Article 29. The words “in respect of employment” is so wide, that it includes all matters in relation to employment both prior and subsequent to initial appointment, subject to reasonable rules framed by the Government as...... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ......h Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Tafazzul Islam J Gazi Jashimuddin……………Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh, Bangladesh Secretariat, Dhaka & others……..Category: Employment/Service Law | Date: | Hits: 194
....n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
......n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
......Present:
Mohammad Bazlur Rahman J
Md. Ruhul Quddus J
Md. Siddiqur Rahman and others ...Petitioners
Vs.
Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others ...Respondents
Judgment
November 14, 2012.
R..
Category: Constitutional Law | Date: | Hits: 237
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....he condemned prisoners have further contended that the confessions were not voluntary and true as the same were obtained by torture and maltreatment keeping the prisoners in the custody of Police prior to their production before the Magistrate and afterwards both the confessing condemned pri......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......r. Police arrested Nazma Sarker @ Beauty, Kamal and Rokeya when Nazma Sarker @ Beauty and Rokeya confessed their guilt. 27. P.W.8, Mahmuda Khatun, a Senior Assistant Secretary of the Establishment Ministry while serving as Magistrate, First Class at Gazipur, on 30.8.2003 at 11-30 hours, accused N..Category: Criminal Law | Date: | Hits: 99
Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ......petitioner acting through C & F agent Leo Enterprise, Chittagong submitted the Bill of Entry No.884/887 dated 8‑2‑92 under Bill of Entry Receiving No.5271 dated 29‑1‑92 for assessment and clearance of the said consignment (Annexure‑A). 3. The Collector of Customs, Chittagong assesse...... Original Jurisdiction) Present: K M Hasan J Md. Awlad Ali J Wahidullah Majumder…………………………Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Finance, Internal Resources Division, Bangladesh Secretariat, and others……………..Category: Administrative Law | Date: | Hits: 192
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... a detailed survey and study shall be conducted about the structure to be demolished and, the safety and other conditions of other buildings in us surroundings. Section 4.1.4 provides for precautions prior to demolition, which also includes that workmen shall be provided with all necessary safety ......at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......uch a Bhaban, which eventually resulted in deaths, serious injuries and huge loss. 9. Considering the frequently occurrence of deaths, petitioner No.1 sent a legal representation to the Secretary, Ministry of Public Works vide Memo No.PIL and Advocacy Cell-BLAST/161/040607 dated 5-6-2007, Annexur..Category: Labour and Industrial Law | Date: | Hits: 163
Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
....ittee was expired on 17.12.2003. Before expiry of the period of said the committee the committee in question was framed as per law. That committee was duly approved. The plaintiff without getting any prior leave from the Managing committee, got himself admitted in PTI Institute, Kishoregonj in the y......akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ......akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ..Category: Civil Law | Date: | Hits: 107
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....gned order is liable to be set-aside and the Special Tribunal Case No.112 of 2004 is liable to stayed. He further submits that, admittedly complainant-opposite party No.2 having filed the civil suit, prior to filing of the criminal case, claiming possession and ownership in the case land and the lea......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ..Category: Criminal Law | Date: | Hits: 54
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....17.11.97 which resulted in the failure of justice. The learned Advocate further submits that no show cause notice was issued and sufficient opportunity of being heard was not given to the petitioners prior to passing the order issuing warrant of arrest as contemplated in the provision of section 5......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ..Category: Civil Law | Date: | Hits: 129
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....e not committed by him but by another person with whom he shared the common intention. The distinct feature of section 34 is the element of participation in action. A common intention presupposes prior concert. It requires a prearranged plan because before a man can be convicted vicariously for ......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ..Category: Criminal Law | Date: | Hits: 106
Ejlash Mia Vs. State, 2010, 39 CLC (HCD)
....d sentencing him to suffer Rigorous Imprisonment for ten years and seven years respectively which shall run concurrently is maintained. 21. The total period of custody of the convict-petitioner prior to his conviction in connection with this case shall be deducted from the period of his sent......tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ......tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ..Category: Criminal Law | Date: | Hits: 90
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....the Constitution. v. The omnibus restrictions imposed by the new Section 64 (Section 29 of the Impugned Acts Nos.9 and 10, and Section 28 of the Impugned Act No.11) on the transfer of land without prior permission from the Council are unreasonable and in violation of Articles 42 and 144 of the Co......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......r words, the enactments impugned are seen as a collective device at establishing regionalism and paving the way for the ultimate dismantlement of the very unitary fabric of the Republic. 19. The Ministry of Law, Justice and Parliamentary Affairs and the Cabined Division as Respondent No.1 respe..Category: Constitutional Law | Date: | Hits: 314
Akhter Hossain (Md.) Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....roup-2 and Inquiry Officer, Customs House, Dhaka and withdraw the suspension order of license. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 82. ......troverted. It has been stated there that 751 pieces of gold bars were recovered by breaking the pinion of the spare parts and that since the Petitioner's C&F Agent submitted the Bill of Entry for clearance of the spare it was presumed that they acted in connivance with the importer in importing ......roup-2 and Inquiry Officer, Customs House, Dhaka and withdraw the suspension order of license. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 82. ..Category: Fiscal/Taxation Law | Date: | Hits: 166
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....ing subsequently to the contract, exception a transferee for value who has paid his money in good faith and without of the original contract; (c) any person claiming under a title which, through prior to the contract and known to the plaintiff, might have been displaced by the defendant; (......perty to the plaintiff since the plaintiff was a sitting tenant in the suit property. Later in the month of Jaishtha 1386 M.S. the seller Raja Kha informed that as he could not collect the income tax clearance certificate he is unable to finalize the sale by execution of the sale deed. Later on re......side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ..Category: Property Law | Date: | Hits: 119
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....nable. Accordingly we decide the question affirmatively in favour of the petitioner. 22. Let us take up the 2nd question as to whether the Miscellaneous Case No.17 of 2009 was maintainable without prior depositing of 25% of the decretal amount or sale proceed as required under section 32(2) of th......pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ......pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ..Category: Civil Law | Date: | Hits: 112
Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... function of Nikah Registrar of Ward No.53 in addition to his own Nikah Registration area of Ward No.55. The petitioner was given the additional charge and for withdrawal of such additional charge no prior show cause notice was required to be served upon him nor he was required to be heard in person......ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ......tion No.6235 of 2009 and obtained the Rule Nisi and also an order of stay of the same on 6.10.2009. He referring to paragraph No.2 of the Memo No.1975 Bichar-7/1 M-l/93 dated 19.11.1994 issued by the Ministry of Law, Justice and Parliamentary Affairs contends that additional charge can not be given ..Category: Civil Law | Date: | Hits: 130
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