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Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)

....iry' determined by the terms of the Rules Nisi issued, these being in turn informed by the Impugned Orders issued. 3. The First Labour Court took due note of the competing standpoints of the parties before it on the question of jurisdiction vesting in the Labour Court either under section 3......Orders of Stay as ini­tially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551   ..

Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7

Md. Monirul Islam Vs. Bijoy Halder, President Lohalamari Matshajibi Samabaya Samity Ltd. and others, 2013, 42 CLC (AD)

....er contended that the writ respondent No.6 quoted the highest proposed lease money and for that reason recommendation was made to grant lease in it’s favour. 6. After hearing all the necessary parties the High Court Division by the impugned judgment and order made the Rule absolute holding th...... application was filed before the Ministry, which called for report from the Deputy Commissioner, Chapai Nababgonj who then forwarded the application to the Upazilla Jolmohal Management Committee for investigation and report. Thereafter, the report of the Upazilla Jolmohal Management Committee was f..

Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169

Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)

....t has purposely and intentionally avoided and shifted his responsibility upon the Trial Court which the appellate Court was very much compe­tent to perform. In avoiding such responsibility on the part of the appellate Court was not proper. All the materials for deciding the suit finally were bef......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240   ..

Category: Property Law | Date: 25 Jul, 2013 | Hits: 6

Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)

.... Present: Borhanuddin J KM Kamrul Kader J Younusuzzaman (Badal).........................Petitioner Vs. The State and another………………..............Opposite parties Judgment July 25, 2013. Result: The Rule is discharged. A com...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140

Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)

....e, the corporate veil is to be lifted to find out the real culprits and to undo the misdeed for ends of justice, in order to obviate harassment by dragging the company to multiplicity of proceedings, particularly when the cause of actions are inseperable and the cancellation of the fraudulent acts a......The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ..

Category: Company Law | Date: 24 Jul, 2013 | Hits: 10

Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)

....udgment and order dated the 10th day of February, 2011 passed by the Appellate Division in Criminal Petition for Leave to Appeal Nos.478-479 of 2010) Judgment Md. Abdul Wahhab Miah J. - The parties and the questions involved in the two petitions being same, both these review petitions are ......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ..

Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8

Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)

....and the same was liable to be quashed. 4. The application gave rise to Criminal Miscellaneous Case No.6908 of 2008. The crimi­nal miscellaneous was contested by the com­plainant opposite party by filing a counter affi­davit. 5. A Division Bench of the High Court Division on hea......irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180.   ..

Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9

Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)

.... appeal, by leave, is directed against the judgment and order dated 01.07.2002 passed by the Division Bench of the High Court Division in Criminal Appeal No.303 of 1987 (Dhaka) allowing the appeal in part with modification of the sentence of accused appellant Mati alias Md. Matiar Rahman to suffer r......304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88

Shahnaz Parveen and others Vs. Bangladesh, represented by the Secretary, Ministry of Heath and Family Welfare Dhaka and others, 2013, 42 CLC (HCD)

.... 3. This Rule has been issued at the instance of as many as 61 petitioners who are serving in a development project relating to Tuberculosis and Leprosy Control, Micro Bacterial Diseases Control, Department of Health of the Government of Bangladesh. Their posts were subsequently transferred to the......e benefits to the petitioners counting their service period in the development project. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 157 ..

Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3

Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)

....ment has been denied. Mr. Siddiqui further submits that in no way court cannot direct to pay the balance amount before the expiry of 31.12.2007 which is the terms of the agreement made between the parties. 6. On the other hand, Mr. Fida M. Kamal the learned Counsel appearing on behalf of t......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ..

Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13

Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)

....hen there was no electrici­ty. P. W. 2 said; “গুলীর শব্দ শোনার ১০/১৫ মিনিট পর কারেন্ট আসে”। Usually the killing party after killing the victim does not stay in the place of occurrence. Section 114 of the Evidence......izanur Rahman held post mortem examination of the dead body of the victim Mukti and submitted report (exhibit-7). P.W.16 SI Mr. Manirul Islam, P.W.18 Saidur Rahman and P.W. 20 SI Mahbubur Rahman held investigation. P.W. 20 SI Mahbubur Rahman, completing the investigation, submitted charge sheet agai..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3

Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)

....eeding which is being or has been launched against him is being or has been taken with an ulterior motive, political or  otherwise for harassing the accused and not securing of jus­tice in a particular case’.......We wish to lay down as a first proposition that it is an extraordinary ......n involved in the commission of such offence and investigated the case without permission of the Court. The police officer act­ing under section 156(3) is not a delegate of the Magistrate and the investigation by him is not one on behalf of the Magistrate or Court. The High Court Division has no..

Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3

Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)

...., Advocate-For the writ-petitioner. S. Rashed Jahangir, Deputy Attorney General with Ms. Nurun Nahar, Assistant Attorney General with Saikat Basu, Assistant Attorney General-For respondent, I.T. Department. Writ Petition No. 9385 of 2012 Judgment AFM Abdur Rahman J.- Having raised an im......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86

A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)

....r and others for realization of loan of 45, 83,628.47 as on 31-3-2011. The petitioner was impleaded in the said suit as defendant No.3. Since no defendants entered appearance, the suit was decreed ex-parte by the judgment and decree dated 5-11-2012. Respondent No. 3 Bank then filed Artha Jari Case N......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order.  Ed.  This Case is also Reported in: 66 DLR (HCD) (2014) 207   ..

Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5

Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)

....e trial Court as well as the Court of appeal below considered the entire evidence on record and came to a concurrent finding that in the facts and circumstances of the case there was no reason on the part of the plaintiff-opposite party to gift the suit land to her nephews depriving her minor child&...... the plain­tiff appearing in the deed of gift in question are not forged and hand writing expert as DW-2 in his deposition categorically stated that the deed of gift is genuine and he proved .his investigation report along with films as "Exhibit B series" though, both the Court s below..

Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3

Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)

.................Plaintiff-Opposite Parties Judgment May 21, 2013. Result: The Rule Is Made Absolute. Eviction of Defendants- In a suit for eviction of the defendants from a particular land it is always important for the plaintiffs to disclose as to from when the defendants......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126.   ..

Category: Property Law | Date: 21 May, 2013 | Hits: 6

Head Mistress, Hazrat Shah Ali Girls' High School, Mirpur, Dhaka Vs. Mohammad Ibrahim and others, 2013, 42 CLC (AD)

....udgment and order dated 11-8-2011 passed by the High Court Division in Civil Revision No.4596 of 2007 mak­ing the Rule absolute and decreeing the suit with a direction upon the defendant opposite parties to appoint the petitioner afresh with effect from the order of dismissal by setting-aside j......as assistant teacher on temporary basis and the plaintiff submitted a false certificate in the name of army school and on query, the school authority formed a committee for inves­tigation and upon investigation report and as per the terms of Clause 6 of his appointment, he has been dismissed fro..

Category: Procedural Law | Date: 6 May, 2013 | Hits: 15

Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)

....nt of documen­tary bill under a local letter of credit opened on two different dates (In writ petition No. 16520 of 2012 on 29-2-2012 and In writ petition No. 16521 on 25-4-2012). Inaction on the part of the respondent Nos.1-5 as regulatory authority in that regard is under chal­lenge. The p......nd also to communicate the compli­ance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533.   ..

Category: Banking Law | Date: 2 May, 2013 | Hits: 3

Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)

....ttee as constituted under section 193C of the said Act read with Rule 23 of the Pre Shipment Inspection Rules, 2002 for release of the said bank guarantee. The Review Committee then, upon hearing the parties, rejected the said Complaint by its decision as communicated vide Nathi No. 5-Cus/8/(115) Pr......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522   ..

Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2

Ranju Chandra Das Vs. Sree Radha Krishana Gour Netai Prova Jagabondhu Sundr Bigraha, 2013, 42 CLC (HCD)

....ion of pendency of Miscellaneous Case No. 28 of 2011 initiated in connection with the self same execu­tion case under Order XXI, rule 58 of the Code of Civil Procedure, at the instance of the 3rd party. 3.  Facts giving rise to this rule in a nutshell are that the opposite-party No. 2 ......the opposite-party No. 2 to remain in possession and enjoyment of the land in question. 6. These are things however to be scruti­nized by the learned Joint District Judge while conducting an investigation in the Miscellaneous Case No. 28 of 2011 brought under Order XXI, rule 58 of the Code ..

Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2