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Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......bitrary discretion in the Courts, Hamilton in the Federalist Papers argued, it is indispensable that they should be bound down by strict rules and precedents which serve to define and point out their duty in every particular case that conies before them. Courts of law are essential to act and assume..Category: Civil Law | Date: | Hits: 90
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......) and (2) of section 3 of the Act. 16. The word "স্বাধীন" or "independent", as been used in subsection (2) of section 3, denotes independence from external pressure or influence, a duty to act neutrally i.e. without being biased. According to the rule of interpretation, known as '..Category: Criminal Law | Date: | Hits: 111
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......de in section 265 (C) and 265(D) CrPC in respect of the trial of the cases by the Sessions Judge. Thus the above mentioned sections serve the same and similar purpose. Section 241A Cr.P.C. has cast a duty on the Judge to discharge the accused against whom it appears to the Court on consideration of ..Category: Criminal Law | Date: | Hits: 286
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....ned Judges on consideration of the materials placed on record found that the learned Tribunal Judge upon calculating the quantity of the ammunition came to the finding that the petitioner was holding excess quantity of ammunitions then the license allowed, but this court finds that while the learned......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......motion to the post of Inspector as far back in 1999 and during their service life, they got more than 70 awards, as recognition of their meritorious service and that while they were discharging their duty as Sub-Inspector they received the impugned orders (dated 17.04.2003 and 24.07.2003) retiring t..Category: Employment/Service Law | Date: | Hits: 47
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......ur Rahman proved the copy of the ejahar of case No.4 dated 21.5.85. 29. P.W. 21 Md. Fazlur kahman was the Officer‑in‑Charge of the Ghoraghat PS at the relevant time. On 4.12.86 while he was on duty at the police station P.W. Amzad Hossain handed over a written ejahar to him which was marked a..Category: Criminal Law | Date: | Hits: 76
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
....pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......llant has not flouted any order of the High Court Division and he has great respect for this Court and he honestly and sincerely proceeded with those rectification cases in discharging his official duty only at a point of time when there was no existence of any order staying the further proceeding..Category: Intellectual Property Law | Date: | Hits: 270
Nasir Uddin Vs. State, represented by the Deputy Commissioner, Narayanganj, 2011, 40 CLC (AD)
....e High Court Division suffers from no illegality or impropriety and, as such, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......q Khalil of RAB-3 Adamjee Nagar, Narayangonj, being informant, lodged an ejahar with Siddirganj Police Station to the effect that on 14-3-2005 he along with other accompanying force were on special duty within Siddirganj PS area. At that time they received secret information that terrorist Nasir w..Category: Criminal Law | Date: | Hits: 64
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ...... persons were focusing light from the side of ‘Halatir Bill’ towards their village while the village people, after the occurrence of the previous occurrence on 05.04.2003, had arranged for petrol duty (বিট পাহারা) for their security and the village people apprehended accus..Category: Criminal Law | Date: | Hits: 82
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ......ke her party to the pre-emption proceeding has vitiated the pre-emption case. The mere fact that the respondent did not disclose her name does not absolve the appellant-pre-emptors from his mandatory duty to implead her by ascertaining necessary particulars. Because the pre-emptors could not be obli..Category: Property Law | Date: | Hits: 62
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......ection or between two different Sections or provisions of the same statute. 20. On a conspectus of the case law indicated above, the following principles are clearly discernible: (1) It is the duty of the Courts to avoid a head-on clash between two Sections of the Act and to construe the prov..Category: Administrative Law | Date: | Hits: 196
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
.... of birth as 30.11.1942. The writ petitioner was compelled to go on retirement with effect from 25.11.1999 and he was also asked to refund the money drawn by him by way of salary and benefits for the excess period upto February, 2002. It was the claim of the writ petitioner that the affidavit contai...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 58
Category: Civil Law | Date: | Hits: 87
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......or explanation or to produce such books or papers, as may be required by him within such time as he may specify in his order. (2) On the receipt of an order under sub-section (1), it shall be the duty of all persons who are or have been officers of the company to furnish such information or expl..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... alone to the Director General and accordingly, the higher scale was given to the writ petitioner and that he proposed for deducting Tk.65,200/- from the benefits of the writ petitioner which was the excess amount he had withdrawn illegally. It further appeared from the affidavit filed on 9th Februa...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ..Category: Employment/Service Law | Date: | Hits: 204
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....e‑B) is also declared to be bad in law because initially it was ordered in violation of the principle of natural justice against a person who by statutory provision was then a citizen and acting in excess of jurisdiction by travelling beyond Article 2 as it stood on the notification day, thereby r......ctor of the Institute of Post‑Graduate Medicine and Research. By an order dated 22nd November, 1978 Government made the post of Director of the IPGMR a non‑practicing post and released him of his duty as Professor of Medicine. He challenged the legality of this order in Writ Petition No.591 of 1..Category: Immigration and Citizenship Law | Date: | Hits: 343
Hansa International and another Vs. Eastern Pharma Ltd., 1993, 22 CLC (HCD)
....e Official Liquidator took out summons for the direction and filed affidavit seeking permission to pay Tk. 67.00 as a cost of dissolution of the company Eastern Pharma Ltd. under liquidation from the excess fund available to Lilac Paints and Chemical Company Ltd. (Matter No.31 of 1990) 2. I have ......th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482...Category: Company Law | Date: | Hits: 205
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... paragraph 18 at page 10 thus: "Again, construction of dwelling houses cannot be considered necessarily or per se to be a public purpose. Construction of house in an area where there is already an excess of dwelling houses or where there is heavy concentration of population in existing houses can...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..Category: Property Law | Date: | Hits: 104