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Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)

....nd at the time of filing of execution case specific provision has been made under section 30 of the Ain for publication of notice in the daily newspaper as well as for service of notice by registered post and process server at the initiation of an execution case. But no such provision has been made ......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. ......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. ......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. ..

Category: Civil Law | Date: | Hits: 154

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. ......t was detected heroin so recovered was of high quality heroin. The heroins were seized in presence of witnesses. 10. In cross-examination by Alef Jan and Rois Khan, he stated that, so far he can remember that the bags were under the two cots and two brief cases were also found from the room but i......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. ..

Category: Criminal Law | Date: | Hits: 112

Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)

....itious person in violation of the prevailing rules. The concerned branch of the defendant bank by way of opening account in the name of a fictitious firm and collection of forged cheques allowed an imposter to misappropriate huge amount of money from the account of a customer of the plaintiff bank.&......t. The impugned judgment and decree passed by the trial court is hereby affirmed.  Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150.  ......dia, AIR 1948 Bom KB); Brahma Shun Shree Jung Bahadur Vs. Chartered Bank, AIR 1956 Cal 399; Madras Province Co-operative Ltd Vs. South India Match Factory Ltd, AIR 1945 Mnd 30(D); Landbroke Vs. Todd; Union of India Vs. National Overseas & Grindlay's Bank Ltd. (1978) 48 Comp. Case 277 (Del);......t. The impugned judgment and decree passed by the trial court is hereby affirmed.  Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150.  ..

Category: Business or Commercial Law | Date: | Hits: 548

Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)

....ch receipt of notices. Moreover the case of the complainant is that the legal notices under section 138(1)(b) of the Negotiable Instruments Act was issued on 26-2-2005 ad 27-2-2005 through registered post with AD: that it is presumed as per the provision of law that the said notices have beenduly se......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. ......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

Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)

.... on false and fictitious story. The suit, therefore, is liable to be dismissed. 12. Learned Subordinate Judge upon trial found the defendant No.2 to have inheri­ted the land from her husband thus posted with limited interest in the suit land. She as a limited heir holding life-estate is not comp......he Shill family given by the respondent goes unassailed. He argued with emphasis that the suit land is nothing but portion of the land appertaining to khatian No.185 admittedly belonging to different members of the Shill family of which husband of defendant No.2, Lalit Kumar Shill, is one. Defendant......ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ..

Category: Property Law | Date: | Hits: 107

Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)

....iled Other Class Suit No.23 of 1993 in the Court of Assistant Judge, Kaunia, Rangpur for declaration that the letter dated 30-10-1993 signed by the defendant No.1 dismissing him from service i.e. the post of Office Assistant of Mudamudan High School (shortly, the School) was illegal with a further d......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ..

Category: Civil Law | Date: | Hits: 144

Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)

....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ...... undergoes imminent danger of being wasted or damaged that receiver may be appointed. The present suit being one of partition is against co-sharers and admittedly the suit land is under possession of members of the family the plaintiff comes from. The dis­pute raised is about deception and deprivat......is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ..

Category: Civil Law | Date: | Hits: 126

Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)

....f Respondent No.1 stating, inter alia that he had been serving under the Respondent No.2 Star Jute Mills Ltd. Khulna and Bangladesh Jute Mills Corporation since 3.12.69. He was lastly promoted to the post of Assistant Accounts Officer. A Weighment Committee consisting of SK. Afzal Hossain, Clerk Sto......ineer, Altaf Hossain, Security Guard and the petitioner was constituted to weigh firewood supplied by contractors to the Respondent No.2. The petitioner besides his normal duties was selected to be a member of the aforesaid weighment committee and on 28.5.85 as per direction of the Departmental Head......f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ..

Category: Labour and Industrial Law | Date: | Hits: 182

Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)

.... of the petitioner. Md. Junnur Rahman was issued calling upon the respondents to show cause as to why Administrative Circular No.09/96 dated 18-3-96 (Annexure-1) containing promotion on 9-3-83 to the post of Principal Officer (PO) and thereafter on 24-10-88 to the post of Senior Principal criteria o......ficers of BSRS. In the interview qualifying mark is 18 out of 25 for the Assistant General Managers and 22 for the Deputy General Managers and General Managers. Promotion Committee consisting of four members of the Board of Directors interviewed the candidates including the petitioner and allowed th......tary transactions by financial institutions there is a practice of calculating more than 50 paisa as one Taka and in counting number of members in no confidence matters for removal of the Chairman of Union Parishad, previous no confidence Rules provided for counting two third number of members if be......ransactions by financial institutions there is a practice of calculating more than 50 paisa as one Taka and in counting number of members in no confidence matters for removal of the Chairman of Union Parishad, previous no confidence Rules provided for counting two third number of members if became f..

Category: Employment/Service Law | Date: | Hits: 194

Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)

.... in the year 1993-1994 bearing roll number D1-8428. He was successful in the examination and secured twelfth position in the merit list and was found fit by the Medical Board and was selected for the post of Assistant Superintendent of Police. A copy of the notification giving the names of the candi...... 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. ...... 1. Monirul Islam D-1 11917 Ex-President, Samajtantrik Chhatra Front, Dhaka University Committee. 2. Shahab Uddin Khan D-1 9091 Ex-Vice President, Bangladesh Chhatra Union, Agri-University Committee. 3.Mahbubur Rahman D-1 8436 Ex-Secretary, Ban...... 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. ..

Category: Employment/Service Law | Date: | Hits: 194

State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)

....fan be 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) 516. ......fan be 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) 516. ......fan be 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) 516. ......fan be 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) 516. ..

Category: Criminal Law | Date: | Hits: 98

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....bilicus with exposed out   omentum of 2” ‘1½. 4. One cutting injury on the back of the shoulder joint of 2” ‘3/4” ‘1” with cutting bone. 5. Wound on the right upper arm posterior aspect of 1½” ’½” ’½”. 6. Wound on the left upper scapula region of ½” ......terior aspect of 1½” ’½” ’½”. 6. Wound on the left upper scapula region of ½” ’½” ’. Deep dissection done column wise. 32. Then upon the consensus of opin­ion of all the members of the Medical Board this P.W.9 opined as follows:- "Death was due to Cardio-respiratory ......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. ......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. ..

Category: Criminal Law | Date: | Hits: 99

Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)

....ncy between the ocular evidence of P.Ws. that accused Ruhul Amin had inflicted ballam blow in the lower abdomen of the victim Belal and medical evidence of the doctor P.W.16 Doctor Nurul Huq who held post mortem examination on the dead body of the victim Belal stating that the injury was in the uppe......nd found victim Belal dead in the paddy land. He along with others pursued the accused and apprehended them from a ghar in a house where they took shelter and then brought them to the house of Shamsu member. Thereafter accused were handed over to the police. Learned Additional Sessions Judge without......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ..

Category: Criminal Law | Date: | Hits: 76

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

....f fact and its irrelevant consi­deration not within the mischief of section 32 would be an illegality. If any other fact is considered by the Administrator of Wakfs in removing the Mutwalli from his post of Mutwalliship not coming within the mischief of section 32 it would been exercise of power be......tion of three years for an application, but even that Article will not stand in the way of the exercise of revisional power for these powers can be exercised suo motu. At the same time it should be remembered that the respondents had themselves approached the High Court in the exercise of its revisi......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ..

Category: Trust/Waqf Law | Date: | Hits: 134

Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

.... become time barred under section 33 of the Customs Act (Annexures E and E‑1). 8. The petitioner caused a demand of justice notice dated 11‑6‑94 to be served on the respondents by registered post with acknowledgement due but did not receive any reply. 9. Being aggrieved by the order No.4......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. ......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. ......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. ..

Category: Administrative Law | Date: | Hits: 192

Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)

....ed by the defendant No.13. Thereafter the plaintiff got himself admitted in P.T.I institute, Kishoreganj for having a training in the year 2004. He completed his training on 31.12.2004 and joined his post on 1.1.2005 as Head Master. During his training period, the defendant No.10 was functioning as ......nd was registered as being "Registered Non-Government, School" on 8.8.1994 and having its registration No.36. As per circular issued by the Government a Managing Committee was formed with 11 (eleven) members of which the plaintiffs was the secretary. One man and one woman from amongst the persons in......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

State Vs. Arman Ali and another, 2008, 37 CLC (HCD)

....n who further visited the place of occur­rence, recorded the statements of some of the witnesses under section 161 of the Code of Criminal procedure, seized alamots held inquest report and collected post mortem report. Thereafter he submitted charge sheet being No.207 dated 29-12-1996 under section......- 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. ......- 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

Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

....t certain provisions of these Acts and the amendments introduced brought by them have affected his right of franchise, right to purchase and transfer property and the right to contest various elected posts. The Petitioner is further aggrieved by the provi­sions of the Chittagong Hill Tracts Regiona......therefore, finally abolished the special status that the CHT had been enjoying for more than two centuries. 12. This is the political and constitutional backdrop against which Mr. M. N. Larma as a member of the Constituent Assembly, in a dis­play of his rejection of this unitary character of the......12, 13, 2010. Result: The Rule in Writ Petition No.2669 of 2000 is made absolute in part. The Rule in Writ Petition No.6451 of 2007 is discharged. Cases Referred to- Indra Sawhney Vs. Union of India, AIR 1993(SC) 477; Rangamati Food Products Ltd. Vs. Commissioner of Customs and other......n 6(Uo) of the Impugned Acts as adds a new sub-section 6 to Section 4 of the Original Acts by which the Circle Chief on the basis of a certificate issued by the headman of the village or by the Union Parishad Chairman or the Pourashava Chairman, as the case may be, will decide whether person is a no..

Category: Constitutional Law | Date: | Hits: 314

Md. Habibur Rahman Chowdhury Vs. State and anoth­er, 2010, 39 CLC (HCD)

....cheques were again bounced for insufficient fund. Thereafter the complainant through its Advocate served a legal notice under section 138 of the Negotiable Instruments Act on 18.11.2006 by registered post requesting the accused-petitioner for payment of Tk. 6,97,00,000.00, the amount of aforemen­ti......of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ......of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ......of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ..

Category: Criminal Law | Date: | Hits: 138

Bangladesh Film Development Corporation Vs. Chairman, 1st Labour Court, Dhaka and others, 1996, 25 CLC (HCD)

....her an opportunity to show cause or to defend her case, by Memo No.FDC/Pro‑2‑333/92/786/281 (6) dated 12‑8‑93 signed on 14‑8‑93 (Annexure‑C). She sent a grievance petition by registered post on 25‑8‑93 without any result. Hence she filed the complaint petition (Annexure‑D) before......Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 396. ......Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 396. ......Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 396. ..

Category: Labour and Industrial Law | Date: | Hits: 265