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Displaying 161-180 of 1984 results.
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ...... before the High Court Division and even before this Division when the leave petition was heard and in the concise statement as well could not altogether be condoned. The contesting party also owed a duty to the Court to raise such point so that the Court could answer the same. So far as the other p..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....nable doubt. The fundamental principle of our system is that an accused should not be put in peril of convicÂtion in the absence of legal evidence. Williams, J., argued that there is a danger in the excessive devoÂtion to the rule of benefit of doubt at the expense of social defence and to the soo......e a Judge or a Jury must always have regard to all the known facts of the case. And that they must do because they are required to decide on all questions of fact as reasonÂable men. "When it is the duty of Judge or a jury to draw from evidence a reasonable inference, it is not their duty to find t..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....ed that the arms or ammunition was lying at the spot pointed out by him, in the absence of any evidence or circumstances to show that he had exclusive posÂsession over the spot or that none else has excess to it, cannot make him liable for conviction under Section 19A and 19(f) of the Arms Act …â......denied the defence suggestion that he was influÂenced by the accused persons. 20. P.W.4 Md. Abdur Rab, one of the members of the raiding party, deposed in the line of P.W.1 that when they were on duty at the place of occurrence they arrested Nurul Islam and thereafter he disÂclosed about the ar..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....led against them and they are disÂcharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......accused husband was responsible for causing death. 55. It is well settled that when it is established that the husband and wife were residing in the same house at the relevant time, the husband is duty bound to explain the circumstances how his wife met her death and in absence of any explanation..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ...... scarcity of sugar in the country the Government decided to import sugar under Wage Earners' Scheme and waived certain formalities. The Government issued notification reducing the existing customs duty and sales tax on the importation of sugar on fulfillment of certain condiÂtions. The responde..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ......w, which is illegal and without lawful authority. The matter involves interest of the common people as this historical place belongs to the common people of Bangladesh and the Government is under a duty to protect the interest of the people by protecting the historical places. The affected people..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
Elite Lamps Ltd. Vs. Government of BanglaÂdesh and others, 2011, 40 CLC (HCD)
....ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......f people would have been blessed with unjust enrichment at the cost of public money. And finally, resolution of a Bank, if any, does not bind the other respondents with any legal obligation to do a duty so that may be directed to do the act as prayed for…………….(10) Power of any Ban..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
....possessing the remaining of the divisÂible land described in schedule "Ka" to the plaint. That during S.A. operation Abdul Gafur was ill and bed-ridden and taking that advantage Ismail Chowkider got excess land than his actual share recorded in his name and in the name of his son Abdus Sobhan. That...... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....e record or in cases where the person proceeded against has committed an error going to jurisdiction i.e. when the act done or proceeding taken is vitiatÂed by lack of jurisdiction or by being in excess of jurisdiction. 35. If the allegations in the first information report disclose a cogn......aving valid Import Registration Certificates renewed up to date shall be eligible to open Letter of Credit for import of sugar which could be opened upto November 1984. Confessional rate of customs duty was announced. Writ petitioner imported sugar under the scheme which arrived at Chittagong po..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......urled at trial are that on 17-8-2005 while SI Lutfor Rahman (P.W.1) along with Constable Abdul Mannan (P.W.2), Constable Abdul Aziz (P.W.3) and Constable Md. Bazlur Rahman (P.W.4) were in town patrol duty and staying in front of Sweet hotel, then at about 11-15 AM some unknown accused exploded bombs..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
.... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......used including the petitioner as recommended by the police, (vide 39 DLR 412). 12. An offence punishable under section 409 of the Penal Code committed by a public servant in discharging his duty as public servant is still specified under the schedule of the Criminal Law Amendment Act,..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......nerally, is said to be crossed “account payee.” (2) When a cheque is crossed “account payee”– (a) it shall cease to be negotiable; and (b) it shall be the duty of the banker collecting payment of the cheque to credit the proceeds thereof only to the accou..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ...... informant P.W.1 for an immoral sexual offer and also caught hold her by the hands. She with a view to escape her from the hands of accused appellant raised hue and cry and Aya Shamsun Nahar being on duty entered into the office of headmaster and saw the occurrence. The informant went outside the of..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
....the plaint it was mistake of the learned Advocate who did not include the land of P.S. plot No.19 containing 0.2200 acres of land and learned Judge dismissed the suit holding that plaintiff claimed excess land than acquired by exhibit-1. Learned Advocate further submits that the genealogy of acq......LR 168, on the question of applying provisions of Order XXIII Rule 1(2) for withdrawal of suit, it is held Court to decide whether there is any formal defect or sufficient ground if there is none, duty of the Court is to reject the application- But if it allows withÂdrawal, leave to bring a fr..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......curities and Exchange Ordinance, 1969 conforming that the board of directors of an issuer will fix the record date. It was contended that the fixation of record date is a legal compulsion, which is a duty assignment on the board of directors to discharge the same at the proper time when arrives and ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......ntract of service, the consent of the other party is also necessary. Till his resignation is accepted, the employee continues to be in the employment of the employer and, if he absents himself from duty, he incurs a penalty prescribed for such default which may be dismissal in certain cases. A pe..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Md. Badar Uddin and others Vs. Mst. Rezia Parvin and others, 2011, 40 CLC (HCD)
..... I find no substance in the rule. In the result this rule is discharge. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ......g in the cause list with the names of the learned Advocate but I find learned Advocate for the petitioners always absent which is a misconduct as when an advocate received and filed vokalatnama he is duty bound to appear and defend the case of his litigant client. 3. It is the case of the plainti..Category: Civil Law | Date: 15 May, 2011 | Hits: 29
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....cerned. 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: 63 DLR (HCD) (2011) 363. ...... find no allegation that the petitioner had deceived or induced anybody and thereby committed any act of cheating. 12. It is now settled law that, the sanctioning authority is under a legal duty to act without bias and to apply its mind to the materials placed before it. A valid sanction i..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....tating that though the writ petitioners have title and possession in respect of .5975 acre of land, in fact they are in possession in respect of 1.17815 acre and, therefore, they are in possession of excess land of .58065 acre. The High Court Division discarded the said report on the reasoning that ......atutory provisions for recovery of possession of public property will be rendered nugatory. The writ petitioners cannot have any right to restrain the public authority in the performance of statutory duty and to compel them to file partition suit for the recovery of public property. No consideration..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......reated as the case of no evidence. No evidence does not necessarily mean without evidence. 14. In view of the above facts and circumstances and the decisions of the Apex Courts it is our bounden duty to assess the evidence independently to arrived at a right decision and therefore, we propose t..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
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