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Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ......1908); section 115 Without issuing Rule and giving no opportunity to the other side(s) of being heard, the summary disposal of a revision application filed under section 115 of the Code giving full relief to the petitioner is not permissible...............................(7 & 9) ......ed the disposal of revision application summarily by the High Court Division giving full relief to the petitioner without issuing any Rule upon the other side(s). This Division in unequivocal language held that though section 115 of the Code does not speak about service of notice on the opposite..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ......ss any document of the Company Kaptex Ltd. before disposal of the matter. 2. He claimed that the company was incorporated with the objects mentioned in the Articles of Association with 9000/- full paid up shares out of 100,000 ordinary shares of taka 100/- each divided into 3000 shares to e......shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
.... with a son, named Nazmul Islam aged about 4 years at the time of the occurrence. The accused used to beat his wife now and then on the ground that his wife used to lead an immoral life and she was a woman of questionable character. Milon Akhter (deceased) used to live in the same mess with her husb......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......ccepting the reference, dismissing the criminal appeal and jail appeal. 2. The prosecution case, in brief, is that Milon Akhter (deceased), younger sister of the informant was given in marriage to condemned-prisoner Md. Nazrul Islam (henceforth referred to as "the accused"), 6 ye..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ......llegations as stated in the contempt petition stating inter alia, is that, contemnor No. 3 being the government official holds the judiciary) with great esteem. He never intentionally or knowing fully disobeyed any order or direction passed by this Court and never intended to do so and he has t......ected that if the government decides to encadre them in cadre service their seniority is to be fixed as per Bangladesh Civil Service Seniority Rules, 1983. There is no ambiguity in the language of the observations and directions made in the judgment to create any doubt. So if the governmen..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
.... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ...... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ......are reasonable grounds for reconsidering this issue by this Court for doing complete justice under Article 104 of our Constitution in favour of the petitioner considering his social standing, his age and character, the circumstances of the offence, harshness of law, scope for reformation, fin..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
.... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ...... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ......ere are reasonable grounds for reconsidering this issue by this Court for doing complete justice under Article 104 of our Constitution in favour of the petitioner considering his social standing, his age and character, the circumstances of the offence, harshness of law, scope for reformation, fine p..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ......emo No.HDC/46/92 dated 11-3-1999 (Annexure-B series). After joining their respective posts the writ petitioners have been performing their duties sincerely, honestly and diligently with the full satisfaction of the students and the college authority. Nobody raised any objection against the...... Grihayan Limited Vs. Government of Bangladesh, 47 DLR (AD) 12; UP Power Corporation Ltd Vs. Sant Steels & Alloys (P) Ltd, AIR 2008 SC 693; Kasinka Trading Vs. Union of India (1995) 1 SCC 274 at page 283; Amrit Banaspati Co. Ltd. Vs. State of Punjab, AIR 1992 SC 1075; Rajdhani Unnayan Kartripakk..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ...... inherited landed property. The objection case was fixed for hearing on 03.06.1997 but the appellant being unaware of the date of hearing was absent and could not take steps. The respondent No.1, the full sister's son of Imam Hossain and others, the opposite parties of objection case being gaine......ereliction of duty; unlawful or improper behaviour." Affirmative misconduct means an affirmative act of misrepresentation or concealment of a material fact. Broadly speaking misconduct envisages any instance of breach of discipline. It means improper behaviour, intentional wrongdoing or de..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......mi, the niece of the informant Khairul Bashar went to the neighbouring house of accused Rahmat Ali alias Shukkur for plucking henna (মেহিদি) -leaves, the accused abused her in filthy language. The informant heard about the incident with his niece Rumi and on that day he, his mother Rokey..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
.... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ......2003 on 16-11-2003. The judgment-debtor did not turn to appear before the Executing Court and thereupon, the executing Court by its order No. 16 dated, 14-9-2004 disposed of Artha Execution Case with full satisfaction under section 36(5) of Artha Rin Adalat Ain, 2003. The decree holder bank after re...... Sheikh Abdul Awal J. - This Rule has been issued calling upon the opposite-party No.1 to show cause as to why the impugned judgment and order dated 25-4-2007 passed by the learned District Judge, Bagerhat in Artha Rin Appeal No.23 of 2005 allowing the appeal and thereby setting aside the judgment..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ......hould be discharged outright. 6. Heard the learned Advocate of both sides and considered their submissions. We have also perused the impugned order and other related papers with the petition carefully. The admitted position of the case is that the suit was decreed ex-parte which was followed by......enapole Branch, Jessore on 25-1-2007 instituted a suit before the Joint District Judge and Artha Rin Adalat, 1st Court, Jessore for recovery of loan money amounting to Taka 27, 64,841 by selling mortgage properties against the M/s Joint International and others and the same was registered as Artha R..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....hanni Hall of Jahangirnagar University and on the basis of the message, he along with his accompanying force rushed to the place of occurrence at Solia Mouza and found the beheaded body of an unknown woman, aged about 20 (twenty) years and then he informed the Officer-in-Charge of the Police Station......fies that he recovered a steel chain with four keys, two identify cards-one belonging to Nasima and the other belonging to the accused Tipu, one blood-stained pair of trousers, one blood-stained full-shirt and other articles from the house of Tipu and seized them as per seizure-list dated 27-9-...... not spelt out in detail to them and, as such, they have been gravely prejudiced thereby and given this scenario, an order may be passed for remanding the case to the trial Court for fresh from the stage of examination of the accused under section 342 of the Code of Criminal Procedure. In support of..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ......y accused-petitioner did not offer entire amount of the cheque; and, as such, the complainant did not agree to accept their proposal of compromise. Now, since the accused-petitioner has agreed to pay full amount of the cheque, the complainant being a retired School Teacher, does not want to prolong ......e and, as such, it was a premature case. Next he submits that previously the accused-petitioner tried to make payment of the cheque amount, but the complainant did not accept the offer. Now, at the stage of hearing the revisional application, the complainant opposite party agreed to make amicable se..Category: Others | Date: 11 Nov, 2012 | Hits: 8
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ...... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ......gal transaction which was allegedly done in connivance with other accused named in the FIR and the charge-sheet. As the petitioner is a beneficiary of the alleged illegal transaction and he has an engagement in the alleged illegal transaction, a prima facie allegation of abetment regarding mani..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ......n for violation of law, (4) Issuance of licence with a number and display of number longly (5) Qualification of a Rickshaw Puller to get licence such as, knowledge on traffic law, age limit, living standard, physical fitness, criminal Record, job security (6) Area ..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......instant shipment the freight stands prepaid. Given that there is no dispute that, the beneficiary bank duly received payment against freight along with consideration for wheat, the bank on receipt of full payment released shipping documents including House Bill of Lading. It is submitted that the pe......ignment on the mala fide motivated pretext (based on respondent No.6 pretext) that there is a freight dispute pending before the Australian Court amongst the supplier/shipper, Australian Commodity Management (Pvt) Limited and Gilgandra Marketing Cooperative Limited and during pendency of the sa..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ......mitting wealth-statement and accordingly, an opportunity was given to meet his lawyer on 05-6-2007; but for the shortage of time, he could not submit the wealth-statement correctly with his full satisfaction. 3. On 10-11-2008, one Md. Shafiul Alam, Assistant Director of the Anti-Corru......h and Family Welfare during the preceding Four-Party-Alliance Government. It is categorically stated in the application that the accused-petitioner was arrested on 07-3-2007 by the law enforcing agencies under Rule 3(1) of the Emergency Power Rules, 2007. Subsequently, he was served with an ord..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......evenue Survey (S.A.) in the name of government, the present plaintiff-opposite party filed the present suit for declaring the recording in R.S. Khatian in the name of Government as illegally and unlawfully made by the office of the government by a gross mistake and nor binding upon the present-oppos......ul Noor (Md.) alias Gunnu Mia and another Vs. Makhan Mia alias Md. Laisuzzaman and others 60 DLR (AD) (2008) 39; Halima Begum and others Vs. Syed Ahmed and others 21 DLR (1969) 854; 60 DLR (AD) 2008 page 38. Lawyers Involved: Md. Soyeb Khan, Assistant Attorney General- For the Petitioners. ..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ......arman and Tipri Barman, they are sister's son of Dadhiram Barman, Aswani Barman and Tipri Barman inherited the suit land along with other land as they are only heirs. Aswani died leaving his full brother Tipri Barman as his only heir. Hence the said Tipri Barman became the owner of ent......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ...... 11. In the facts and circumstances noted above, we accept the view taken by the High Court Division that the contractor having duly completed his sub-project No.26 within the stipulated time and to full satisfaction is entitled to the full amount against the said project. We do not find any i......llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ..Category: Others | Date: 10 Oct, 2012 | Hits: 144
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