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Reliant Commodities & Technologies Pte. Ltd. Vs. Bangladesh Chemical Industries Corporation, 2007, 36 CLC (HCD)

....tices dated 6-2-2007 (Annexures-G) marked the commencement of the arbitration proceedings in each of these case, the learned Advocate for Reliant, Mr. Imtiaz Mohmood has at length collaborated on the scope and ambit of this Courts power to grant ad interim orders under Section 7Ka. Submitting that S...... Orders previ­ously made in each of these cases by this Court are also accordingly maintained. 17. There are no orders as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 64. ..

Category: Alternative Dispute Resolution | Date: | Hits: 589

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

.... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ...... 1989, District‑Laxmipur, re‑numbered as Criminal Appeal No.2703 of 1991 from section and accordingly it was produced. It appears that 3 other co‑accused have preferred this appeal and obtained bail from this Court and the appeal is still pending for disposal. On perusal of the First Informati..

Category: Criminal Law | Date: | Hits: 88

Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)

....al Procedure. 17. May be, this provision of law is not good and inconsistence with the spirit of fair justice or rule of prudence; but, unless law is strike down or amended we have no authority or scope to interfere with the proceeding or to quash the same on the ground that the existing law is b......gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ..

Category: Procedural Law | Date: | Hits: 167

Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)

....jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......by the Company's Memorandum of Articles and the accused persons or Company is an agent of a Malaysian Company and hence the present first information report was lodged. 3. The petitioners obtained bail and thereafter filed the present petition under section 561A of the Code of Criminal Procedure ..

Category: Criminal Law | Date: | Hits: 123

State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)

....nal Code. He also submits that the Tribunal though convicted the accused under section 302/34 of the Penal Code but could not find as to who had committed the murder of the deceased. So, there was no scope to find the accused guilty under section 302/34 of the Penal Code. Thus he conjures to reject ......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ..

Category: Criminal Law | Date: | Hits: 147

Rafiqul Alam Vs. Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....etting possession of the suit property in a competent Court. Avoiding the same which is the proper course of law, this present application has been filed. 4. Thereafter, in our view, there is no scope to hold that contempt has been committed by the opposite parties as commission of offence of c......t's order. For the reasons stated above, the present application is rejected summarily as there is no substance in it. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 628. ..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 99

Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)

....ce of notice of transfer of a suit possibly can be a ground for setting aside decree in a properly instituted suit for setting aside decree and definitely not, under Order IX. Rule 13 of The Code and scope and perview of Order IX, Rule .13 of the Code is very much limited. [Emphasis laid] 27. Thi......fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ..

Category: Procedural Law | Date: | Hits: 120

Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....me of his option he was aware that the highest post, as per Rules 1998, in the Legislative Drafting Wing is the Additional Secretary and he would get the benefit of early promotions, and there was no scope for promotion to the post of Secretary to the Ministry, and that the Legislative Drafting Wing......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ..

Category: Constitutional Law | Date: | Hits: 361

BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)

....e union activities. He further submits that in view of the admitted fact that at the relevant time, the respondent-workers were not at all officers of the trade union and that therefore, there was no scope for the respondent-workers to incur displeasure of the petitioner and as such the complaint ca......scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ..

Category: Labour and Industrial Law | Date: | Hits: 138

Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)

....at their Lordships have not put total embargo on filing revisional application before this Court against an order passed in an interlocutory matter by the Artha Rin Adalat. In our opinion, there is a scope to entertain revisional application in appropriate cases where the interlocutory order is pass......lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ..

Category: Civil Law | Date: | Hits: 171

Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)

....ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......ants are acquitted from the charge leveled against them. The appellant No.1 Nesaruddin Mallick, appellant No.4 Kalu Sheikh alias Abul Kalam and appellant No.5 Kana Musa alias Moslem Sheikh who are on bail are discharged from their respective bail bond. 42. Let the appellant No.2 Jahangir Mallick ..

Category: Criminal Law | Date: | Hits: 78

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

....f arrest is without lawful authority. 6. Respondent No.2 also filed an affidavit-in-reply to supplementary affidavit filed by the petitioner contending, inter-alia, that at this stage, there is no scope to take any new grounds as the petitioner did not take those grounds at the time of issuance o......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

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

....layed usual transactions in it. There is no abnormality in the transactions so as to arouse suspicion about the bonafide of its customer. Secondly, the defendant as the collecting bank has hardly any scope to test the genuineness of a cheque presented for collection. It is the paying bank which......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)

....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. ......ssions Judge, 2nd Court, Mymensingh again took cognizance against the accused petitioner under section 138 Nego­tiable Instruments Act by order dated 16-11-2006 and that the accused petitioner is on bail on 01-8-2007, he field new power and prayed for adjournment which was allowed and the next date..

Category: Criminal Law | Date: | Hits: 84

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

....ittee consisting of four members of the Board of Directors interviewed the candidates including the petitioner and allowed them marks on the basis of their performances in the interview. There was no scope to give marks to any one arbitrarily. Wide ranging questions were asked in the interview to de......t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ..

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

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

....ent No.2 finally communicated its decision to the Public Service Commission that the petitioner was found unfit for appointment in the Service of the Republic by the police and therefore, there is no scope for his appointment under Rule 4(3)(b) of the Civil Service Recruitment Rules, 1981(Annexure-I...... 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. ...... Hossain and Fazlur Rahman @ Badal and convict-appellant Golzar Hossain be set at liberty at once if not wanted in any other connection. Convict-appelant Kabir Ahmed @ Tufan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at o..

Category: Criminal Law | Date: | Hits: 98

Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)

....of a Court interpreting the law. The function of the Court it to give effect to the Division of the statute following from its language. If the meaning is plain and there is no ambiguity, there is no scope for making any acrobatics of construction. In the relevant provisions of the Cr.P.C. referred ......udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ..

Category: Procedural Law | Date: | Hits: 116

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

....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. ......etition dated 11.9.2003 that she was forwarded to the Magistrate for recording her confessional statement after she being arrested after 4 days of the occurrence and that Nazma Sarker @ Beauty in her bail peti­tion dated 19.2.2005 before the Sessions Judge stated that she was arrested on 29.8.2003 ..

Category: Criminal Law | Date: | Hits: 99

Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)

.... no issue was framed before the trial Court on the point of improvement cost or on the point of estoppel, waiver and acquiescence and hardly any evidence was led to substantiate the same, there is no scope for the petitioner to agitate these new points for the first time before this Court exercising......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ..

Category: Property Law | Date: | Hits: 91