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Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)

....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......Appeal No.192 of 2009. (From the Judgment and Order dated 23rd April, 2008 passed by the High Court Division in First Appeal No.154 of 2006). Judgment Syed Mahmud Hossain J. - This appeal by leave by the defendant-appellants arises out of the judgment and decree dated 23-4-2008 passed by a ..

Category: Property Law | Date: | Hits: 81

Govt. of People's Re­public of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)

....on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......tention. The app­lication of the Respondent was accepted by the Court and he was ordered to be set at li­berty by on order dated 14-3-1974. 2. The Attorney-General moved a peti­tion for special leave which was granted on his express submission that the detenu's restora­tion of the detention w..

Category: Criminal Law | Date: | Hits: 63

SAH Monowar Ali and others Vs. Chairman, Bangladesh Jute Mills Corporation and others, 2009, 38 CLC (HCD)

....ration will pay the arrear salary to the employees immediately. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 1. ......ration will pay the arrear salary to the employees immediately. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 1. ..

Category: Criminal Law | Date: | Hits: 83

Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)

....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......ion he did not surrender into police custody but presented himself before an attor­ney and signed the power of attorney in his favour for presentation before the Federal Court a petition for special leave to appeal. The petition was duly preferred before the Federal Court and his Counsel appeared o..

Category: Criminal Law | Date: | Hits: 95

Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)

....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......ees and the employees of the former Government of Pakistan be absorbed in the vacant posts without further delay. In 1980 also some sort of additions were made in respect of seniority, calculation of leave, increment, pension and gratuity, etc. but the same decision and their accured rights emanatin..

Category: Administrative Law | Date: | Hits: 183

Government of Bangladesh Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others, 2010, 39 CLC (HCD)

....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49.......nts got ample opportunity at the trial stage and no such rebuttal evidence was adduced. Hence the prayer for remand does not merit consideration. Since the point has been settled already on which the leave was granted, Mr. Ahmed is correct in saying the appeal has become of mere academic interest." ..

Category: Property Law | Date: | Hits: 64

Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)

....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......ef Metropolitan Magistrate directing the RAB to take over the investigation of the case upon withdrawing the same from CID. 10. Thereafter the informant filed a Criminal Miscellaneous petition for leave to appeal being No.167 of 2006 before the Hon'ble Appellate Division of the Supreme Court of B..

Category: Criminal Law | Date: | Hits: 76

Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ......h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ..

Category: Property Law | Date: | Hits: 67

Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)

....he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......of the Act with effect from 21‑10‑99 as he was absent from attending three consecutive meetings of the board of directors scheduled to be held on 19‑7‑99, 19‑8‑99 and 21‑10‑99 without leave of absence notwithstanding the fact that he was described in the articles of association as a ..

Category: Company Law | Date: | Hits: 232

Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)

.... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ...... coming under the section, renders the proceedings illegal. The petitioner is legally entitled to the protection of section 86(2) of the Act. 11. Informant appears through Mr. Akhtar Imam with the leave of the Court. Mr. Imam submits that the allegations made in the first information report do no..

Category: Criminal Law | Date: | Hits: 89

Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

....already been deducted earlier, on account of pension. In the result, this Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 113. ......ther Election Commissioners. Their such facilities cannot be curtailed by an Ordinance to their prejudice. Section 5 provides for medical facilities while section 6 provides for rights relating to leave, etc. 45. Two objections are raised on behalf of the Comptroller and the Auditor General of..

Category: Employment/Service Law | Date: | Hits: 99

Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)

....2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106....... Order VIII of the Code of Civil Procedure which provides that no pleading subsequent to the written statement of a defendant other than by way of defence to a setoff shall be presented except by the leave of the Court upon such terms as the Court thinks fit but the Court may at any time require a w..

Category: Property Law | Date: | Hits: 50

Dada Engineering Ltd. Vs. Commissioner, Customs Excise and VAT Commissionerate and other, 2010, 39 CLC (HCD)

....08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (2011) 61. ......uck down the impugned order. Against the said judgment and order National Board of Revenue and others filed Civil Petition for Leave to Appeal No.1587 of 2002 before the Appellate Division upon which leave was granted with ad-interim order in the following terms: "The impugned order dated 21-7-20..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)

....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361....... oppressive and vexatious, hence liable to be quashed. 10. The learned Advocate Mr. Khurshid Alam Khan, appearing on behalf of the Opposite Party No.2 i.e. Anti-Corruption Commission (A.C.C.) with leave of the Court, mainly submits that the charge sheet clearly discloses offence against the petit..

Category: Administrative Law | Date: | Hits: 173

Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)

....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......3 BLC (AD) 85, 56 DLR (AD) 41 submits that since by scientific process or method examination of signature, particularly thumb impression, has been developed much, and as such, it is safe and sound to leave the matter of examination of signature/ thumb impression as well as hand writing to the expert..

Category: Procedural Law | Date: | Hits: 107

Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... The Rule, therefore, fails.  Accordingly, the Rule is discharged without any order as to costs.  Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......7 years and they are retiring from service just like the permanent/regular employees of BFCC. Only the permanent employees of Biman are entitled to service benefits like gratuity and various types of leave as per the Regulations of 1979; but neverthe­less the contractual employees of BFCC are also ..

Category: Employment/Service Law | Date: | Hits: 145

Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......cedure are not applicable in the present cases, as no sanction are being accorded under section 32 of the ACC Act, 2004 is not acceptable. 76. We have carefully examined the sanction orders. If we leave the question of 1st Sanction, the sanction for submitting charge sheet is mandatory but in pur..

Category: Criminal Law | Date: | Hits: 126

Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)

.... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108.......r Chowdhurv J. which happens to be the majority judgment of the Court. Finding myself not in agreement with the decision I give my own reasons for allowing the appeal. 2. In this appeal by special leave the question for consideration is whether the appointment of the appellant as the Mutwalli of ..

Category: Trust/Waqf Law | Date: | Hits: 188

Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)

....n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is dis­charged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is dis­charged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ..

Category: Labour and Industrial Law | Date: | Hits: 177

Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......vation would not have to be in accordance with the procedure established by law, if the right to livelihood is not regarded as a part of the right to life. That which alone makes it possible to live, leave aside what makes life livable, must be deemed to be an integral component of the right to life..

Category: Environmental Law | Date: | Hits: 1051