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Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)
....l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......of the proceeding is an abuse of the process of the Court which is liable to be quashed. 7. No one appears for the complainant opposite-parties we have perused the application along with connected papers as annexed therewith and considered the submissions made by the learned Advocate for the accu......ivision (Criminal) Present: Sharif Uddin Chaklader J Sheikh Abdul Awal J Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury……………Accused-petitioner Vs. The State and another……………Opposite parties Judgment December 12, 2006. Result: The Rule......l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ..Category: Criminal Law | Date: | Hits: 81
.... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 275.
......y was present and the second party was found absent and even no step was taken by the second party. The learned Labour Court below on hearing the learned Advocate for the first party and perusing the papers filed, disposed of the case ex parte against the second party-petitioner setting aside the Of......J
Sylhet Pulp & Paper Mills Ltd., Chhatak, District- Sunamganj, represented by its Managing Director……………Petitioner
Vs.
The Chairman, Second Labour Court, Katalganj, Chittagong and others…………….Respondents
Judgment
February 22, 2006.
Result:
The Rule is ma...... filed in the case or to make those papers as exhibits in this case. Exhibits can be legally admitted either on admission by the parties or through the witnesses in accordance with law. But no paper/ documents and unless the formal proof is dispensed with, could be exhibited without examining the pa..
Category: Labour and Industrial Law | Date: | Hits: 190
....ove finding we need not enter into merit of the Rules.
In the result, both the Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 566.
......aving been duly authorised to do so by the Managing Committee of his Samity. The said Jatiya Samity issued a notification on 7‑9‑94 fixing 24‑11‑94 for holding election and invited nomination papers from the members including the petitioner's Central Samity to send their representatives to p......ginal Jurisdiction)
Present:
Kazi Ebadul Hoque J
Amirul Kabir Chowdhury J
Jiban Kumar Barman………………………Petitioner
Vs.
M Abdul Hye, Chairman of the Election Committee and others……………………Respondents
Judgment
August 8, 1996.
Result:
Both Rule......ove finding we need not enter into merit of the Rules.
In the result, both the Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 566.
..
Category: Election Law | Date: | Hits: 600
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
.... amending Ordinance No. XL of 1977 paragraphs 2 and 5 of the schedule to the Special Powers Act, 1974 containing all the Penal Code offences were omitted from I purview of the Special Powers Act. The relevant provisions of Ordinance No. XL of 1977 are as follows: "5. Amendment of Schedule. Act X......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......isdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Sakya Pada Barua & others…………………………………………Petitioner Vs. The State and others……………………………………Opposite Party Judgment January 12, 1986. ......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ..Category: Criminal Law | Date: | Hits: 103
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......164 of the Code of Criminal Procedure. Meanwhile he was transferred elsewhere and after his transfer the responsibility of investigation was reposed on Sub-Inspector Mozammel Haque who upon examining papers of investigation submitted the charge sheet being No.67 dated 12.06.1998 on the finding that ......ase is also Reported in: 14 MLR (HCD) (2009) 181. ......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ..Category: Criminal Law | Date: | Hits: 74
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... petitioner No.3. 6. In respect of another application filed by the petitioner to call for the records of LA case No.12/1996-97, we are of the view that the application has become redundant as the relevant LA Case record has already arrived in this Court and the same has been produced before us b......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......Reported in: 16 BLC (HCD) (2011) 327. ......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ..Category: Civil Law | Date: | Hits: 170
....orarium. However, the Government in the Ministry of Liberation War Affairs while issued the impugned memo provided a fixed allowance of Taka 600/= for them (subsequently enhanced to Taka 3600/=). The relevant portions of the said report dated 31.3.2003 are quoted below:
“১২। বাংল...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
.......
Ed.
This Case is also Reported in:
...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... Investigation Officer (IO), amongst other stated in his report that, during investigation into the case the complainant did not render any co-operation and that he (the IO) needed to have seized the relevant documents concerning the alleged misappropriation of Taka 15 (fifteen) crore by manufactu...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......r Vs. State………………………….Opposite Party Judgment March 2, 2010. Result: The rule is discharged. The Code of Criminal Procedure, 1898 (V of 1898); sections 173 and 561A A 'naraji petition' which is not signed by the attorney of the complainant or by the com......a in this regard and also forwarded a copy of the false document dated 19-1-2005, who by a letter dated 21-1-2006, stated firstly, that he did not sign the false document dated 19-1-2005 or any other documents in connection with the credit facilities and that the signature was a forgery. Secondly,..Category: Criminal Law | Date: | Hits: 124
....defaulting borrowers in the Daily Star dated 22‑3‑98 (Annexure‑J) including his name on the ground that it has been published without lawful authority and is of no legal effect.
2. The facts relevant for disposal of this petition are: The petitioner, a Private Ltd. Company, was granted a li...... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
......tution impugned publication of the list of defaulting borrowers in the Daily Star dated 22‑3‑98 (Annexure‑J) including his name on the ground that it has been published without lawful authority and is of no legal effect.
2. The facts relevant for disposal of this petition are: The petitione......, Pubali Bank in favour of the Okato Shoji Company Ltd. Tokyo, the supplier and deposited LC margin of Taka 2,15,56,000 with the respondent 2, Pubali Bank. The respondent 2 on receipt of the shipping documents advised Mitsui Bank, Japan to pay LC value to Tokyo Tomin Bank. According to the advice, t..
Category: Civil Law | Date: | Hits: 119
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....tage the petitioner moved this application and obtained the present Rule. 3. Mr. Moudud Ahmed, the learned Senior Advocate for the petitioner after placing the petition, the impugned order and the relevant Annexures with it mainly submits that according to section 46(1) of the Ain the bank shall ......cing on the project and subsequently in the year 2006 issued a legal notice upon the petitioner to return the entire loan amount within 30 days. The bank then published tender notice in two daily newspapers namely, 'the Daily Janakantha' and the 'the Daily Amar Desh' on 22-06-2006 for selling the mo......s also Reported in: 64 DLR (HCD) (2012) 487. ......t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ..Category: Civil Law | Date: | Hits: 108
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....eiver………………(16) Order of attachment of property At the stage of the enquiry initiated by calling for the written statement for both the parties to ascertain the possession and other relevant issues, the Magistrate can pass an order of attachment as per second proviso to section 145......he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ......r Vs. State…………………Opposite Party Judgment May 18, 2010. Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Sections 145(4) and 146 Order of appointment of a receiver For passing an order to appoint a receiver, the Mag......লোহাগাড়াকে রিসিভার নিয়োগ করা হইল।” 4. After hearing the parties and considering the records we find that both the parties have submitted documents to prove their title in respect of the disputed lands and that both the parties claim that..Category: Criminal Law | Date: | Hits: 105
.... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
......ia nor executed by the previous owner Rasharaj Bhattarjee and ultimately upheld the finding of the trial court that the plaintiff has no possession in the suit land.
20. On careful scrutiny of the papers and after hearing the parties and considering their pleadings along with evidence on record, ......
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
...... the defendant No.3 and 4 being shelterless took possession in 30 decimals of land from the plaintiffs as licensee but in collusion with the defendant No.6 to 9, they were trying to create some false documents and threatened the plaintiffs on 15.12.1986 to dispossess them for which the plaintiffs fi..
Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......e was pending against the said mutation case, then the plaintiff filed an application therein for addition of party and Assistant Commissioner directed the parties to appear before him with necessary papers but the defendant No.2 failed to show any papers in support of their title; that on 13-2-91 t......the Appellate Division Order on Civil Petition for Leave to Appeal here. Supreme Court High Court Division (Civil) Present: Syed Abu Kowser Md. Dabirush-Shan J Abdul Jabbar Bhuiyan and others………………….Defendant-Respondent-Petitioners Vs. Kulsum Banu Bibi and othe......over 20 decimals of the suit land bearing Plot Nos. 166 and 167. 10. The learned trial Court after concluding the trial, examined the evidence on record and after perusing the exhibits, papers and documents dismissed the suit. 11. Being aggrieved by the judgment and decree passed by the trial ..Category: Property Law | Date: | Hits: 112
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
.... some valuable insight into the various aspects of shipbreaking with particular reference to the shipbreaking yards in the Chittagong area. We may advert to certain particular and specific findings relevant to the matter before us:- I. It is noted in the report that 600 end-of-life ships are br......ountries, it was ultimately exported by M/S Yalumba Inc. The formalities for obtaining the NOC were complied with by the importer in making its application, including production of various supporting papers and accordingly, the NOC was issued by the Department of Shipping (respondent No.8). Upon get......0 of 2008. Judgment Md. Imman Ali J.- The subject matter of the instant application is the import of an oil tanker plying under various names, including Atlantia, New Atlantia, Ocean Enterprise and lastly M.T. Enterprise (IMO No.7709136). The vessel was imported by M/S. Madina Enterprise (resp...... the ship was on the list of Greenpeace as containing hazardous materials and consequently the NOC was issued on an application by respondent No.17, who stated in his application, with supporting documents, that the vessel did not contain any hazardous materials and was not listed in the Greenpe..Category: Environmental Law | Date: | Hits: 688
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......hahidul Karim J Jahirul Haque…………………………….Appellant Vs. State………………………………Respondent Judgment December 15, 2011. Result: The appeal stands dismissed. Cases Referred to- State Vs. Hasen Ali, 4 MLR 287 = 4 BLC 582; State Vs. Bad...... other two accused. P.W.2 identified both accused Billal and Jahirul while he was deposing in the Court. In cross examination P.W.2 replied that they could not recover any money, wearing apparels and documents. He could not tell the name of the villagers who apprehended the accused persons and als..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....zure list as Exhibit 2/3. 22. In cross-examination he stated that he never saw the accused present in the dock; he saw the arms in the hand of tarfa “র্যাব সাহেব” at the relevant time he and witness Ashim Saha were passing by the road. 23. P.W.7 Md. Shah Alam deposed......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ...... 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the evidence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of the case…………………(41) Cases Referred to Aslam Jahangir Vs. S......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ..Category: Criminal Law | Date: | Hits: 99
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....rade Fortune Inc. Vs. Amalgamated Mills Supplies Ltd. (1995) XX YBCA 277 (British Columbia Supreme Court, 25 February 1994). 8. Even in cases where neither the applicable arbitration rules nor the relevant law contain express provisions for interim measures by the Courts, judges have in most ....... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ......ourt High Court Division (Special Original Jurisdiction) Present: Mamnoon Rahman J STX Corporation Ltd………………………Petitioner Vs. Meghna Group of Industries Limited and others…………………………Respondents Judgment January 1, 2011. Result: Th......preferred 2 separate applications for vacating the interim order against which the petitioner filed separate affidavits in reply. The petitioner also filed 2 supplementary affidavits annexing various documents including the correspondence between the parties as well as with the arbitration tribunal...Category: Alternative Dispute Resolution | Date: | Hits: 506
Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)
....e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......tion 11 Satisfaction is the mental act and after being satisfied what is done is the result of that mental act. When learned Tribunal Judge ordered publication of the notification in the daily newspapers as prescribed in section 11 of it indicated that the learned Tribunal Judge was mentall......d. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ..Category: Criminal Law | Date: | Hits: 99
Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....ner (Annexure‑A) and the seizure of the arms of the petitioner as mentioned in Annexure‑"E" should not be declared to have been made without lawful authority and are of no legal effect. 2. The relevant facts stated in the petition, are that the petitioner was the Chairman of the Zila Parishad......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......urt High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Tafazzul Islam J Mokbul Hossain Santu (Md.)………………………Petitioner Vs. Bangladesh and others………………………Respondents Judgment November 24, 1997. Result: The......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ..Category: Criminal Law | Date: | Hits: 77
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....ts. 12. We have gone through the plaint, written statements, counter claim of the defendant, reply of the counter claim by the plaintiff and deposition of the witnesses of both the parties and the relevant documents exhibited in the suit. It appears that the suit was filed on 1-1-1990 before the ......ract Act passed the impugned Judgment and he further submits that before auction sale the notice was served upon the defendant properly and thereafter tender notice was published in two daily newspapers but the defendant fully knowing about the auction sale did not participate at the auction sal......n (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J FRM Nazmul Ahasan J National Bank Ltd………………………Plaintiff-appellant Vs. Provashi International Ltd. and others………………………Defendant-respondents Judgment December 12, 2010. Resu......shall be the expiry of the L/C. The consignment of 81 metric tons of Garlic arrived at the Chittagong Port on 14-7-1987. After arrival of the goods at Chittagong Port and upon receipt of the shipping documents, the plaintiff /appellant Bank notified the defendant respondent to release the documents ..Category: Civil Law | Date: | Hits: 106
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