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Bangladesh Homeopathic Medicine Manufacturers Association Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....s Judgment March 15, 2003 Result: The Rule is discharged. Case Referred to- Union of India Vs. Ganapatrai Sagarmull, AIR 1983 Cal 14. Lawyers Involved: Dr. Kamal Hossain with Khandaker Mahbubuddin Ahmed and Subrata Choudhury, Advocates—For the Petitioner. Abdur Razzaque ......et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 590. ..

Category: Others | Date: | Hits: 341

Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)

....formant and while the informant and others tried to resist the accused persons, accused Barek dealt a ram dao blow aiming at the head of the informant as the informant tried to save her head with her hand, the dao blow hit on her finger of the left hand, which caused serious bleeding injury. The acc......om section 302 into section 304(B) of the Penal Code. 12. We have perused the judgment of the High Court Division and on perusal of the same, it appears that High Court Division independently took note of the evidence and discussed the evidence of P.W.I in detail along with the P.Ws.1, 2, 5, 7, 9..

Category: Criminal Law | Date: | Hits: 116

Ataur Rahman Vs. Secretary, Ministry of Com­munication, Roads and Railway Division, Bangladesh Secretariat, Dhaka and Others, 1997, 26 CLC (HCD)

....2‑95. Inspite of the approval of the lease by the Ministry and completion of all formalities, the possession of the Ferry ghat was not given to respondent No.5 in time. There occurred some delay in handing over possession of the Ferry ghat torespondent No.5.It is stated by respondent No.5 that hew......out lawful authority and is of no legal effect. In the facts and circumstances of the case there will not be any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 331. ..

Category: Civil Law | Date: | Hits: 178

Sultan Ahmed @ Md. Sultan Ahmed Vs. Chairman, Divisional Labour Court, and others, 1993, 22 CLC (HCD)

....has contended that since the petitioner has been able to prove before the learned Labour Court that the said grievance petition was submitted to the employer, the Respondent No.1, by delivering it by hand to the office of the Respondent No.3, the General Manager of the Respondent No.1, the requireme...... with the Judgment and order passed by the learned Labour Court. The Rules is, accordingly, discharged without any order as to costs. Ed This case is also Reported in:49 DLR (HD) (1997) 215. ..

Category: Labour and Industrial Law | Date: | Hits: 141

Serajul Islam Vs. State, 1996, 25 CLC (HCD)

....ore, according to him, the detention of the detenu Shazzad Hossain since the expiry of the initial period of 30 days as ordered by the District Magistrate, is illegal and improper. 5. On the other hand, Mr. AK Mujibur Rahman, the learned Deputy Attorney‑General, contends that the grounds for de......w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ..

Category: Criminal Law | Date: | Hits: 127

International Finance, Investment and Commerce Bank Ltd. (IFIC Bank Ltd) Vs. Abdur Rahman and Others, 2012, 41 CLC (AD)

.... payment of rent since May, 1996, defendant No.2 filed Small Causes Court Suit (S.C.C. Suit) No.4 of 1997 in the Court of Joint District Judge, 3rd Court, Dhaka against him for eviction. On the other hand, Saifuzzaman as the plaintiff filed Other Class Suit No.6 of 1997 against the defendant for spe...... No.1 made deposit of the balance amount of 75% of the decretal amount on 17.05.2005 as required by section 42 of the Ain as is evident from the affidavit sworn on 28.06.2005. The High Court Division noted that in the revisional application no statement was made as to deposit of 75% of the decretal ..

Category: Civil Law | Date: | Hits: 174

Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)

.... House Building Finance Corporation, and in return she received an amount of Taka 95,000.00 from the Attorney. After execution and registration of the power of attorney on 19‑5‑82, the petitioner handed over the possession of the said house to the Attorney, defendant‑opposite party No.1 but th......115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ..

Category: Civil Law | Date: | Hits: 132

Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)

.... CDI-H100s Chassis No. AHBH100S-08321, Engine No.HA-04F-5053124-Reg. No. Dhaka Metro-A-06-9752 with blue book bearing Dhaka Metro A-06-9752 CDI Honda whose owner was shown Md. Shamsuddin son of late Chand Miah 84/1/Disytrilary Road, Sutrapur, Dhaka. Thereafter he placed Sirajul Islam and the seized ......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ..

Category: Criminal Law | Date: | Hits: 109

Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)

....tion witnesses is that they are quite innocent and they have been falsely implicated in this case. The case of accused Rafiqul Islam is that his bus was stood by the side of the road and on the other hand the case of accused Md. Abdul Quddus is that the accident took place due to failure of break of......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ..

Category: Criminal Law | Date: | Hits: 119

Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)

....m and the same having fallen through due to production of documents they again brought f1resh charge of misconduct for using official document in that proceeding and such action was mala fide and highhanded; that the enquiry officer being junior to the petitioner in rank the enquiry proceeding was i......ASA and that during the enquiry against the charges brought against him without valid permission of the authority with mala fide motive he procured copies of confidential official documents, letters, note sheets and thereby violated official secrecy and caused loss to the Authority by smuggling out ..

Category: Employment/Service Law | Date: | Hits: 231

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

....plication in the Administration. A copy of the minutes of the meeting dated 5-2-96 has been annexed as Annexure-X to the writ petition. 15. It was further stated in the application that on the one hand respondent No.2 who has been trying to get rid of these 7 officers on the plea of sufficiency o......eparately on different dates wrote to the respondent No.2 stating that they would be prepared to forego their legal right of seniority and would accept seniority after the 13th BCS Batch. It is to be noted that this was a supreme sacrifice of legal rights made under duress with full awareness of the..

Category: Employment/Service Law | Date: | Hits: 186

Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)

....adesh import export traffic, which would be beneficial for the Bangladesh economy. With a presence in Bangladesh CMA CGM will be able to offer more competi­tive services to its customers rather than handling its activities through a third party agent/broker where CMA CGM had to pay extra to an agen......ngs among themselves and others dated 03.11.2008 in which they discussed the issue of whether customs agency licence can be issued to companies with 100% foreign ownership. The minutes of the meeting note that there are other 100% foreign owned companies who obtained the customs agents licence and a..

Category: Administrative Law | Date: | Hits: 318

State Vs. Abul Howlader, 1995, 24 CLC (HCD)

....he house as well the neighbours came in and found the child in a serious injured condition. P.Ws.7 and 8, neighbours of the informant also saw the accused running away with blood‑stained dao in his hand. The informant Shamsuddin Howlader having returned from the field heard hue and cry and on arri......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257...

Category: Criminal Law | Date: | Hits: 97

British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)

.... arbitrator is beyond his jurisdiction as contemplated in section 10 of the Arbitration Act, 1950, and Exception I to section 28 of the Bangladesh Contract Act. Mr. Abdul Wadud Khondker, on the other hand, submits that parties cannot by private stipulation oust the jurisdiction of the domestic tribu......, of the English Arbitration Act, 1950. This clause has got to be read with clause 23, which stipulations that interpretation of the agreement shall be done in accordance with the law of England. We note further that the expressions "in accordance with” and “subject to” occurring in clause 14..

Category: Alternative Dispute Resolution | Date: | Hits: 304

Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....n: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......xhibit B series it came to light that there were applications for renewal of lease by some of the Lessees-Dependants-Opposite parties and all the Petitions had been dated 23.1.1985. Curious enough to note here that there are no papers and no documents indicating that lease had been granted to Lessee..

Category: Procedural Law | Date: | Hits: 108

Anwar Hossain (Md.) Vs. Secretary, Ministry of Finance, (Internal Resources Division) and others, 1994, 23 CLC (HCD)

....erest and penalty. And as for the arrear dues the petitioner is prepared to deposit the same. Further submission of' the learned Counsel is that the concept of fairness demands that the matter in the hand of the executive authority be disposed of as expeditiously as possible although there is no tim......oner is not entitled to the relief sought in the writ petition. In the result the Rule is discharged without any order as to costs Ed. This case is also Reported in: 49 DLR (HCD) (1997) 321. ..

Category: Fiscal/Taxation Law | Date: | Hits: 278

Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)

....ence is exclusively triable by that Court. 4. The informant does not seem to have taken any step against the orders of the Sub-Divisional Magistrate rejecting his aforesaid petitions. On the other hand it is found that he filed an application against before the Sessions Judge for taking cognizanc......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ..

Category: Criminal Law | Date: | Hits: 110

State Vs. Raisuddin and others, 1996, 25 CLC (HCD)

....ased Ranju deposed in that case and as a result of such enmity they committed the crime of murder of taking the life of her two sons. 25. P.W.19 Zamir Hossain, Sub‑Inspector of Police proved the hand writing of the Investigating Officer Fazlul Huq who submitted the charge‑sheet and, also inve......in his cross‑examination admitted that the statement is voluntary and true ‘এই মর্মে আমার কোন নোট নাই।’ In fact the learned Magistrate did not make any note or memorandum at the foot of such record that he explained to the accused that he is not bound ..

Category: Criminal Law | Date: | Hits: 104

Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)

.... aware of taking over the suit property as abandoned property and for that reason she made the Government, represented by the Secretary, Ministry of Works, as a party. Mr. Zakir Hossain, on the other hand submits that the Ministry of Works was the concerned Ministry and this permanent lease was gran...... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ..

Category: Property Law | Date: | Hits: 157

Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)

....by filing different sets of written statements and the present Petitioners who are defendants Nos.‑42‑43 filed a joint written statement and prayed for saham on the ground of purchase from Suvok Chandra Paul their predecessor‑in‑interest who acquired title to the suit land by virtue of the p......d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ..

Category: Procedural Law | Date: | Hits: 118