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Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......se record was then transmitted to the Court of Sessions Judge, Comilla who took cognizance of the same and thereafter transferred it to the Court of Assistant Sessions Judge, 3rd Court, Comilla for holding trial who framed charge against the convict-appellants along with two other accused persons ..Category: Criminal Law | Date: | Hits: 83
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ......f purchase from Al-haj Alimullah by 2(two) registered deeds being No.11739 and 18178 dated 21.06.1997. Petitioner got his name mutated in the Government Revenue Office, paid rents and also obtained a holding number of Dhaka City Corporation, and thus has been in peaceful possession of the land. Afte..Category: Civil Law | Date: | Hits: 74
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
..... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ...... that it was observed in that case: .... It seems clear that the submission advanced below confused the legal "seat" etc. of an arbitration with the geographically convenient place or places for holding hearings. This distinction is nowadays a common feature of international arbitrations and ..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ......ese 4 subscribers each has subscribed for 5,000 shares equally. Article 14 and Article 26 of the Articles of Associations contains provisions to from quorum requiring presence of all 4 Members, for holding the General Meetings as well as for holding the meetings of the Board of Directors. It furth..Category: Company Law | Date: | Hits: 129
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ...... the appellate Court by the impugned Judgment and decree. 9. Mr. Md. Abdul Haque, the learned advocate for the petitioner defendants, submitted that the Courts below committed an error of law in holding that a deed of Heba-bil-Ewaz is a document of contract, and that even if it is considered ..Category: Property Law | Date: | Hits: 139
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
.... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......complaint with the Executive Magistrate and detaining an accused in police custody at the Police Station prior to his trial. The Ain does not envisage taking cognizance of any scheduled offence and holding trial thereof on different dates as were done in the instant case by the Executive Magistrat..Category: Criminal Law | Date: | Hits: 81
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....d the accuseds are living in separate mess. Towards West of the brickfield the canal of irrigation project is situated. Roads are on both of the sides of the canal. Towards West of the canal there is agricultural land and he was cultivating the land of East side. He did not stated to the investigati......nce has some importance in the prosecution case. It can be used to contradict the witnesses under Section 145 of the Evidence Act. Thus, from the above discussion it appears that the primary cause of holding inquest is to ascertain the cause of death, whether it is accidental, suicidal or homicidal...Category: Criminal Law | Date: | Hits: 89
....ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
......sed illegally, without lawful authority and is of no legal effect.
2. The petitioner challenging the judgment and order dated 8.2.2010 passed by the respondent No.1 in Election Appeal No.2 of 2009 holding that no appeal lies against any interlocutory order passed by the Election Tribunal in Elect..
Category: Election Law | Date: | Hits: 600
....6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
......29.211 metric tons out of the said consignment of 1929.211 metric tons, as alleged, such shortage was well within the 1% ocean Allowance. He further submitted that the Court below erred in law in not holding that the defendant appellants could not be held liable to the plaintiff for shortage of good..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
.... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......accused solely on the basis of the unimpeachable and unshaken evidence of the officer or person who made the search and seizure disbelieving the evidence, if any, of any witness of search and seizure holding it to be unworthy of credit.........................................(44) Minor discrepanc..Category: Criminal Law | Date: | Hits: 92
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......ase cannot proceed and is liable to be dismissed. 5. The Artha Rin Adalat (hereinafter referred to as 'the Adalat'), Chittagong by the impugned Order No.65 dated 02.7.2005 rejected the application holding that there is nothing in the provision of section 37(1) of the Ain, 2003 to dismiss the Arth..Category: Civil Law | Date: | Hits: 136
....he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......points out that in the written statement the defendants did not challenge the claim of the plaintiff that he is a regular employee and the defendants also did not challenge the authority of the Court holding the trial and that the Labour Court only has exclusive jurisdiction to try the grievances of..
Category: Employment/Service Law | Date: | Hits: 166
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......ded in any khatians, no rent receipt is produced by plaintiff, plaintiff being a stranger has no locus standi to challenge the benami transaction in between defendant and his brother-in-law and after holding as such, the suit ought to be dismissed but the learned Judge decreed the suit in part. Let ..Category: Property Law | Date: | Hits: 83
....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
......s as PSI agencies for a period of three years. The petitioners under the arrangement with the Government have been satisfactorily carrying on their works and receiving payment thereof without any withholding or deduction of any money on account of VAT. It was agreed upon that Pre-shipment Inspection..
Category: Fiscal/Taxation Law | Date: | Hits: 119
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ......n Police failed to bring prosecution witness The learned Judge should inform the higher authority of the Police Department about their failure to bring the prosecution witness before the Court for holding trial within the prescribed period of time. No process of the Court got any importance for e..Category: Criminal Law | Date: | Hits: 92
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ......n thereof by way of asserting in his deposition as D.W.1 that executant of the Kabala Mamotaz Begum died during pendency of the pre-emption case and her heirs were substituted. So we have no doubt in holding that by producing the preemption order in evidence and by making statements in support of ..Category: Property Law | Date: | Hits: 122
.... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
......lly stated that the plaint of the said title suit has been rejected under Order VII, rule 11 of the Code of Civil Procedure by the Joint District Judge, 6th Court, Dhaka by the order dated 23-3-2008, holding that there is a bar to any suit challenging the requisition notice under section 14(A) of th..
Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......s an existence independent from the person who filled it, which goes on and is filled in succession by successive holders."……………………………..(29) The Mayor of City Corporation is holding "office of profit" as defined in Explanation I of Article 12 of the PO 155 of 1972 and also ..Category: Constitutional Law | Date: | Hits: 466
.... costs.
The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 341.
...... (2) shall be deemed to be a licence granted under sub-section (1) and all such licences granted before such commencement to other trade organizations shall stand revoked.
(5) A trade organization holding a licence may be registered under the Act as a company with limited liability without the ad..
Category: Others | Date: | Hits: 107
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
.... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......bject to the provisions” as mentioned in section 5 of Madras General Sales Act where section 3 is the charging section and section 5 gives exemption from taxation but that section clearly makes the holding of a licence subject to restriction and conditions prescribed under the provisions of the Ac..Category: Family Law | Date: | Hits: 209
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