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Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)
....h Court Division while affirming the judgment and order of the trial Court took in to consideration of the decision in the Case of Md. Abdul Majid Barker Vs. The State reported in 40 DLR (AD) 83, the relevant passage is reproduced herein:- "The weapon used was a lethal one and the injury, grave ......d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ......ior Advocate, Instructed by Md. Abu Siddique, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.187 Of 2009 (From the judgment and order dated 22.07.2008 passed by the High Court Division in Criminal Appeal No.3701 of 2008) ......d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ..Category: Criminal Law | Date: | Hits: 116
....nviting open public tenders for lease of the Ferry ghat. A direction was given by respondent No.2 on 24‑4‑96 to the effect that extension of the lease of respondent No.5 for one year be made. The relevant portion of the direction of respondent No.2 given on 24‑4‑96 is as follows :
“সà......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.
......ginal Jurisdiction)
Present:
Mainur Reza Chowdhury J
Md. Iftikhar Rasool J
Ataur Rahman……………………………Petitioner
Vs.
Secretary, Ministry of ComÂmunication, Roads and Railway Division, Bangladesh Secretariat, Dhaka and Others………………………………â€......ication published in the newspaper are annexed to the petition and marked as Annexures‑A and A(1).
3. The petitioner spent Taka 2000.00 for purchase of copy of terms and conditions of the tender documents issued for 1994‑1995 applicable for 1996‑1997. Copy of the terms and conditions is ann..
Category: Civil Law | Date: | Hits: 178
....he Bangladesh Gazette Extraordinary dated 29thSeptember, 1986), has been made without any lawful authority and is of no legal effect.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 325.
...... died in Dhaka on 8th November, 1973 and he was buried at the Kalshi Graveyard. The Joint Survey Report Annexure‑"E" and the Burial Certificate Annexure‑"I", therefore, go unchallenged. All these papers, which remained uncontroverted, unmistakably prove that Ahmed Reza, the original allottee, ha......This case is also Reported in:49 DLR (HCD) (1997) 325.
...... of the case property by the original allottee Ahmed Reza and after him by his successors‑in‑interest, vendors of the petitioners. Failure of the learned Court of Settlement to consider the vital documents in Annexure‑"C" series, Annexure‑"E" and Annexure "I" to the petition fully supporting..
Category: Property Law | Date: | Hits: 116
....roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
......roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
......p;
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
International Finance, Investment And Commerce Bank Ltd. (IFIC Bank Ltd)….......Appellant
Vs.
Abdur Rahman and Others……………………………..Respondent
Judgment
April 8, 2012.
Result:
......being account No.0133031887 and applied for loan and accordingly, it sanctioned a loan of Tk.1,00,000/-. The time of repayment of the loan was up to 30.12.1987. Defendant No.1 executed all the charge documents in favour of the bank and defendant No.2 mortgaged his property as described in the schedu..
Category: Civil Law | Date: | Hits: 174
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
....e Judgment and decree passed by the learned District Judge, Rajshahi in Title Appeal No.31 of 1992 affirming the Judgment and decree passed in OC Suit No.290 of 1990 shall not be set aside. 2. The relevant facts as per the pleadings of the parties are, that the petitioner as plaintiff instituted ......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. ......urt High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J KM Hasan J Begum Shamsunnahar Chowdhury...............Petitioner Vs. Md. Masud Jamal and others................Opposite Party Judgment November 23, 1994. Result: The Rule is......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
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
....ng aggrieved the petitioner defendant has preferred this appeal. 3. Mr. Abul Quashem Bhuiyan, the learned Advocate appearing for the appellant has taken us through the impugned Judgment and other relevant materials. The learned Advocate submits that the petitioner defenÂdant has examined his ad......tition........................ After returning from the Labour Court I find no order was passed on adjournment, petition but the suit was decreed ex-parte. In cross-examination he stated, 'I filed no papers to show that I was engaged in Labour Court. This was the only evidence adduced on the side of......ch) (Civil Appellate Jurisdiction) Present: Amirul Islam Chowdhury J Md. Altaf Hosssain J Bangladesh Power Development Board………………………Appellant Vs. Sonali Bank and others……………………Respondent Judgment June 30, 1982. Result: The appeal......missed the Misc. Case. The appeal is, therefore, dismissed withÂout any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ..Category: Procedural Law | Date: | Hits: 143
State Vs. Abdul Awal, 1983, 12 CLC (HCD)
.... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ...... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ......bsp; Government Appeal No.1 of 1980. Judgment Mustafa Kamal J.- This appeal against acquittal raises the point as to whether the nationalised Sonali Bank comes under the purview of the Shops and Establishments Act, 1965 (Act No. VII of 1965), hereinafter referred to as the said Act. 2. T......per se does not attract any penal provision. There must be evidence that the employer does not maintain those particulars and registers at all and that evidence is best furnished by calling for those documents by a notice and by a failure of the accused to respond to that notice. There is no evidenc..Category: Others | Date: | Hits: 163
Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....dge, 5th Court, Dhaka in Title Suit No.244 of 1999 decreeing the suit should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the suit land belonged to the minor defendant Hanif Sarde......tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ......e Court High Court Division (Civil) Present: Shahidul Islam J Hanif Chowdhury alias Serajul Islam Chowdhury………………………Defendant-Petitioners Vs. Mohammad Hasan Ali and another………………………………Plaintiff-Opposite Parties Judgment March 22, 2......tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ..Category: Civil Law | Date: | Hits: 129
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....ply his judicial mind in the facts and circumstances of the case and evidence on record and passed the impugned Judgment and order of conviction and sentence on surmise and conjecture and on wholly irrelevant consideration. 73. In the case under review I am constrained to hold that the prosecutio......hamsuddin created some forged documents in respect of alleged motor cycle and that he is also connected with such forgery. 26. P.W.4 Md. Moslemuddin is the retired police inspector who seized some papers in connection with this case. He deposed in his cross-examination that he cannot be say anyth......Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......ficer, Dhamoirhat police station and informed the matter to the duty officer. Thereafter the seized Motor Cycle was sent to the safe custody of the police station for ascertain the owner and original documents of the said motor cycle, and Sirajul Islam was allowed go for bringing original documents ..Category: Criminal Law | Date: | Hits: 109
Mongal Paita Perkhiddah College Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ed all the requirements and as such the Ministry of Education, vide Memo No. শাঃ-৪/১জি-৪/২০০৪/২৯৩ dated 09.06.2004 granted MPO to it and directed the principal to submit relevant papers within 12.06.2004. Pursuant to the direction, the principal forwarded all requisite ......e requirements and as such the Ministry of Education, vide Memo No. শাঃ-৪/১জি-৪/২০০৪/২৯৩ dated 09.06.2004 granted MPO to it and directed the principal to submit relevant papers within 12.06.2004. Pursuant to the direction, the principal forwarded all requisite papers an...... Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Mongal Paita Perkhiddah College………………………….Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judgment April 23, 2007. Resul......০৪/২৯৩ dated 09.06.2004 granted MPO to it and directed the principal to submit relevant papers within 12.06.2004. Pursuant to the direction, the principal forwarded all requisite papers and documents to the Ministry of Education through the District Education Officer, Jhenidah, vide Memo N..Category: Others | Date: | Hits: 112
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....on deals, with the causing death by rush and negligent driving. For conviction under this section rush and negligent driving on public road is essential. The prosecution has the obligation of proving relevant facts from which the inference of negligence can be drawn. 34. On perusal of records, it......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. ......d down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......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
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174....... and thereupon decision made in the case reported in 16 BLD (AD) 250 is distinguishable from the facts of the present case and that the High Court Division failed to consider that on the basis of the papers and documents produced by the respective parties in the trial court the striking out the name......IFIC Bank Ltd. & Others………….....Respondents Judgment July 30, 2005. Result: The petition is dismissed. Case Referred to: Guhlam Rahman vs. National Bank Ltd. and others 16 BLD (AD) 250. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-Record - F......hat she was out of the country from 8.9.1991 to 23.12.1991 and so there was no scope for her to execute 2nd charge or furnish personal guarantee on 12.11.1991 and that had she executed the 2nd charge documents the defendant No.1 would not have urged the Chairman of the Board of Directors of the defe..Category: Civil Law | Date: | Hits: 122
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
....t Petition No.1233 of 1989 that the said Ismail Khan is a man from Barisal and a relation of the respondent No.3 who was Minister in charge of LGRD, controlling Ministry of the respondent No.1 at the relevant time and he influenced the said Minister to harm the petitioner and resolution dated 25.6.8......dy noticed. Thus it is clear that the enquiry in question was held by an officer not being senior in rank to the petitioner in violation of the Rule 8(1) of the said Rules. 12. It appears from the papers annexed to the petition that the petitioner recommended proceeding against Ismail Khan and ot......reme Court High Court Division (Special Original Jurisdiction) Present: Abdul Jalil J Kazi Ebadul Hoque J Nurul Huda Miah (Md)……………Petitioner Vs. Dhaka Water Supply and Sewerage Authority and others……………Respondents Judgment May 25, 1992. Result: ......etition No.285 of 1989 on 12.3.89 challenging his suspension for indefinite period and a Rule Nisi was issued on 12.3.89; that in the said Writ Petition the petitioner annexed copies of some official documents in order to show that he had. been performing his functions dutifully and did not hush up ..Category: Employment/Service Law | Date: | Hits: 231
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
.... On 11-4-94 the Establishment Division being respondent No.1 vide Memo dated 11-4-94 addressed to the Ministry of Commerce confirmed that the latter Ministry could take necessary step to announce the relevant officers surplus and make arrangement for them to be absorbed in other cadres and this Memo......ere vacancies and since the post of the petitioner was abolished and he was declared surplus, the respondent No.1 directed the National Board of Revenue to absorb him according to Rules. But from the papers and documents which we have already referred earlier in this judgment and which have been ann......sh Vs. Saifuddin Ahmed, 50 DLR (AD) 27; 3 BLC (AD) 6. Lawyers Involved: M Amir-ul Islam, Advocate - For the Petitioner AM Aminuddin, Assistant Attorney-General - For the Respondent Nos. 1, 5 and 6. Mahmudul Islam, Advocate - For the added-Respondent Nos. 7-10. Abdur Rab Chowdhury, Adv......es and since the post of the petitioner was abolished and he was declared surplus, the respondent No.1 directed the National Board of Revenue to absorb him according to Rules. But from the papers and documents which we have already referred earlier in this judgment and which have been annexed in the..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
....he respondents cannot have any bearing on the suspenÂsion or revocation of the licence, inasÂmuch as the respondents themselves have issued the licence to the petitioner upon fulfillment of all the relevant conditions as stipulated in the law; that the petitioner sent a reply to the respondent No.......sh as a legally secured place to invest, at a time when Bangladesh is competing to attract interÂnational investment to support its ecoÂnomic growth and its social development; that a number of newspapers and websites published articles criticizing the impugned order and impugned notice. The artic...... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Bangladesh repreÂsented by the Secretary, Ministry of Finance and others……..Petitioners Vs. CMA CGM Bangladesh Shipping Limited……………...R......6 the petiÂtioner made an application to the responÂdent No.3, in writing, on 10.06.2008, for a customs licence to operate as a shipping agency. 4. The petitioner enclosed all the necesÂsary documents along with the applicaÂtion; that after examination of the necesÂsary documents along wi..Category: Administrative Law | Date: | Hits: 318
Bangladesh Water DevelopÂment Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....No...........dated 15.4.89 issued by Water Development Board regarding appointment of an arbitrator to arbitrate upon disputes between Water Development Board and a Contractor. 9. We may quote the relevant provision of the Memo dated 15.4.89, which runs as follows: “টাকা ৫০,০à§......re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ...... Division (Civil Revisional Jurisdiction) Present: Md. Abdul Karim J Syed Amirul Islam J Bangladesh Water DevelopÂment Board....................Petitioner Vs. Zakir Construction and Co. and another.....................Opposite Parties Judgment November 16, 1995. Result......re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ..Category: Alternative Dispute Resolution | Date: | Hits: 521
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ......e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ...... Bangladesh Air Services Pvt. Ltd..................Opposite Party Judgment February 8, 1996. Result: The rule is made absolute. Cases Referred to- Michael Golodetz Vs. Serajuddin and Co., AIR 1963 (SC) 1044; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (C......selecting the proper law, the Court has to consider the country with which the transaction has the closest and most real connection. The other factors such as the availability of evidence, witnesses, documents, convenience of parties, expenses, etc all point to Bangladesh for arbitration to take pla..Category: Alternative Dispute Resolution | Date: | Hits: 304
Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)
....the case reported in 33 DLR page 8. According to him the learned Magistrate ought to have examined all the witnesses adduced by the complainant petiÂtioner and thereafter he ought to have passed the relevant order. 5. Mr. Nizamul Huq, the learned AdÂvocate has appeared on behalf of the opposite......ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......¦Petitioner Vs. The State & others…………………………Opposite-Party Judgment November 2, 1982. Result: The rule is made absolute. Cases Referred to- Suruj Meah and others Vs. Rahim Ullah and others, 33 DLR 8. Lawyers Involved: Md. Abdus Sobhan with Khan ......ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401...Category: Procedural Law | Date: | Hits: 100
Estaque Ali Howlader & others Vs. Jahangir Alam Matbar, 1983, 12 CLC (HCD)
....rt the defendants filed some interrogatories, but the plaintiff did not answer to that. They also sought discovery of some documents from the plaintiffs, but no papers were filed on the plea that the relevant papers were lying with Registrar, Joint Stock Companies. It is submitted that apart from th...... in their written objecÂtion contended that the plaintiffs had no prima facie case and the suit was barred under secÂtion 3 of the Companies Act; that the alleged transfers of shares were false and papers to that effect were created by forgery; that a proceeding under section 137 of the Companies ......o.225 of 1983 for a permanent injunction restraiÂning the defendants-petitioners, from entering into the suit properties by force. Their case, in brief, is that plaintiff No.1 Jahangir Alam Matubbar and his brother defendant No.2 Babar Ali Matubbar and his mother Shamsun-nahar Begum defendant No.3 ......fe plaintiff No.2. The offer was accepted and instruments of transfer of shares were executed by the parÂties. The transfers were approved in a meeting of the Board of Directors held on 11.3.83. The documents of transfers were duly filed with the Registrar, Joint Stock Companies. After transferring..Category: Civil Law | Date: | Hits: 147
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ants left suit holding and took shelter to the other side of border for safety of their lives. During Liberation Movement Plaintiff lost all counter foils signed by tenants Defendants and, also, some relevant Title deeds and papers in respect of suit property. On end of Liberation War Plaintiff and ......d took shelter to the other side of border for safety of their lives. During Liberation Movement Plaintiff lost all counter foils signed by tenants Defendants and, also, some relevant Title deeds and papers in respect of suit property. On end of Liberation War Plaintiff and Fourth-Twelfth Defendants......: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......-Twelfth Defendants shall be described as Fourth-Twelfth Defendants Opposite parties. 13. Petitioners submitted three Supplementary Affidavits incorporating seine materials facts and annexing some documents and papers as Annexures. 14. Second-Defendant-Second opposite party Additional Deputy C..Category: Procedural Law | Date: | Hits: 108
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