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Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ......n 8-6-98 the defendant opposite party Nos. 1 and 2 appeared and prayed for time to file the written objection and written statement. 6. The plaintiff-petitioners filed an application on 2-7-98 for appointment of Advocate Commissioner for local investigation to ascertain: “Whether the vacant ..Category: Property Law | Date: | Hits: 28
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....all be fixed according to normal value of the Articles i.e. the price which they would fetch, on the date as referred to in section 30 on sale of the goods in open market between a buyer and a seller independent of each other. 8. So we are of the opinion that the section 25(1) of Customs Act also......ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
.... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161.......e opposite party No.2 as the sole Arbitrator was illegal, void and no award in the eye of law since, according to opposite parties No. 2’s own showing in the application (plaint), he did not obtain appointment for the Court as Sole Arbitrator under section 8(2) of the Arbitration Act, 1940 and was..
Category: Alternative Dispute Resolution | Date: | Hits: 196
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....family. On the date of occurrence the bank was not closed. Admittedly he performed his duty in the bank on that day. There was no occasion of his going to the park on that day. Moreover, he is not an independent witness. The learned Counsel further contends that no date and time of alleged consp......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..Category: Criminal Law | Date: | Hits: 40
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....orted in 8 BLC (AD) 77 wherein it is held: "It is a settled principle of law that the lower appellate Court being final court of fact will have to discuss and re-assess the evidence on record independently while either reversing or affirming the finding of the trial Court. In a case of rever......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ..Category: Property Law | Date: | Hits: 23
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....লা" so far the term "মামলা" is concerned hence, the same is not a "বিচারাধীন মামলা"; As because an execution proceeding, first of all, is not a separate or independent case started with adjudication of the claim of any bank or financial institution. Ra......ave been posed are common in all these four Writ Petitions hence, the same are being disposed of by this single judgment. 2. In Writ Petition No. 6611 of 2004 the petitioners have challenged the appointment of Judge of the Artha Rin Adalat, 1st Court, Chittagong, namely Mr. Md. Abdur Rouf, bein..Category: Constitutional Law | Date: | Hits: 168
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
....e first initiated in our jurisdiction by a Division Bench presided over Mr. Justice Mustafa Kamal, as His Lordship was then, on the view that sections 19 and 30 of the Act were mutually exclusive and independent in their course of operations and in the language of section 19 the Government cannot is...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ......nts to show cause why the action of the respondents in refusing to accept the petitioner's joining and of not allowing him to work as Lecturer in Arabic in the National University on the basis of the appointment letter, vide সূত্র নং ০১ (৫৬৯) জাতী:বি:/প্রশ..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156....... as the next of kin. This way of reasoning cannot be approved nor the reason, which is wholly based on surmise. 16. Secondly, when the learned Additional District Judge himself found that even the appointment of the next of kin would not exempt the requirement of taking a succession certificate w..Category: Property Law | Date: | Hits: 36
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
....the investigating officer. He denied the defence suggestion that he did not sustain any injury or that the appellants were innocent persons and that they were not dacoits. He stated that there was no independent witness of the locality, as the accused persons were not taking preparation on the roof-...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549...Category: Criminal Law | Date: | Hits: 90
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....tion report, he cited Ghulam and others vs. State, 1983 PCrLJ 196. He submitted that the delay in lodging the first information report creates a doubt in the prosecution case. Moreover, there were no independent witnesses in the case and, therefore, the conviction and sentence should be set aside. ......in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505...Category: Criminal Law | Date: | Hits: 35
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
.....605 of 2004, made threefold submissions. Firstly, she submitted that in view of the evidence of PWs who are police officers and interested and partisan in nature and there being no disinterested and independent witnesses and to prove the exclusive control and possession of the arms and ammunition b......y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ..Category: Criminal Law | Date: | Hits: 43
Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)
....of doubt by the prosecution and on that score as he submits, the learned tribunal ought to have given the appellant benefit of doubt and should have acquitted him. Moreover, it is also submitted that independent witnesses i.e. FIR-named three witnesses who were also cited as seizure list witnesses d......is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 492...Category: Criminal Law | Date: | Hits: 42
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....te Judge was justified in passing the impugned judgment and order. 23. In the instant case, the defendant petitioner practically challenged the award of the court by filing a suit. The suit was an independent suit sought for a declaration that the award made by the Arbitration and the order makin......efused to do so. Then the plaintiffs-opposite parties filed Arbitration Miscellaneous Case No. 16 of 1996 in the 5th Court of Subordinate Judge, Dhaka under section 8 of the Arbitration Act, 1940 for appointment of sole Arbitrator by the court. The defendant-petitioner appeared and took several adjo..Category: Civil Law | Date: | Hits: 77
....ders of stay is recalled and vacated.
Send a copy of this judgment to the respondent No. 3 for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 448.
......003 passed by the respondent No. 2 vide Memo No. 23 Judiciary 7/2N-39/94 (Annexure-F) and the impugned order dated 8-1-2003 passed by the respondent No. 3 vide Memo No. 20 (Annexure-G) cancelling the appointment of the petitioner as Nikah Registrar of Ward No. 8 of Noakhali Municipality under Poli..
Category: Civil Law | Date: | Hits: 77
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ......for the post of Deputy Assistant Directors in the Directorate under the Prime Minister's Office, applied for the said post and took part in preliminary written and viva voce examinations. Thereafter, appointment letters dated 18-3-2001 were issued by a Director of the Prime Minister's Office appoint..Category: Employment/Service Law | Date: | Hits: 107
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....e of Sufia Khanam Chowdhury vs. Faizun Nesa Chowdhury reported in 39 DLR (AD) 46 wherein it is held— "Main question now is, whether the relief of cancellation is a consequential relief or an independent relief. Section 42 of the Specific Relief Act does not specifically provide for cancella......vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ..Category: Property Law | Date: | Hits: 26
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....harmaceuticals Ltd, sought nomination from the BNP and the deceased Shujan succeeded in getting nomination from the party. The accused Dr. Roushan Alam contested with Shujan in that by-election as an independent candidate and the deceased Shujan came out successful by defeating his rival Dr. Roushan......e fact to anybody. It is not also expected that Shujan would go to take rest on the bed showing no concern over his waiting friend outside. 130. PW 59 did not spell out the reason why he made such appointment with Shujan on the date of occurrence and Shujan kept him waiting outside in front of Jo..Category: Criminal Law | Date: | Hits: 109
AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)
....ny merit in this Rule. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 312. ...... স্মব: ম:/পৃ-১/নিয়োগ-১/২০০০/৪৪০ dated 25-7-2001, under the signature of respondent No. 3, to the effect that Government has decided to cancel the contractual appointment of the petitioner (Annexure-B) and requested the respondent No. 2 to cancel the contra..Category: Employment/Service Law | Date: | Hits: 76
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
....roboration of the evidence of the disinterested witnesses as may inspire confidence in the mind of the Court. In this case, there is no corroboration of the prosecution witnesses by the evidence of independent witnesses. Sador Ali, uncle (Fufa) of the victim who is a vital witness, has been withhe...... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ..Category: Criminal Law | Date: | Hits: 38
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