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Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ...... Now let us see the section 138 of the Negotiable Instrument act which reads as follows: "138. Dishonour of cheque for insufficiency, etc. of funds in the account.- (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another p..Category: Civil Law | Date: | Hits: 150
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ....... We have already wondered in a previous para what would be the legal consequence if ever Articles 123 and 125 come into conflict. We do not discard the possibility of such a situation arising when a person is declared to be elected in the by-election and another is declared elected after the conclu..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......the present form” where it was not argued that the suit is not maintainable being hit by section 42 of the Specific Relief Act.” and also that- “There are authorities to show that when a person being the defendant did not take the plea in his written statement that the plaintiff’s cas..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268....... General any general or special directions as to any estate in his charge or in regard to any such estate." (2) "Application under sub‑section (1) may be made by the Administrator General or any person interested in the assets." Section 28 of the Administrator General's Act thus empowers the..Category: Trust/Waqf Law | Date: | Hits: 166
Category: Labour and Industrial Law | Date: | Hits: 171
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ......d a petition of complaint on 24.2.87 in the Court of Upazila Magistrate, Patiya against the respondents alleging that on 23.10.87 at about 2-30/3 P.M. the accused-respondents along with other unknown persons assaulted him. The respondent No.1 inflicted bleeding injuries, on his head by a Dao blow an..Category: Procedural Law | Date: | Hits: 85
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
.... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ......fact that the respondent allowed the petitioner to re-join the service, and to do his duties and draw his salary. Section 115 of the Evidence Act which deals with estoppel is as follows: "When one person, by his declaration, act or omission, intentionally caused or permitted another person to bel..Category: Employment/Service Law | Date: | Hits: 225
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ...... Government may constitute in this behalf: Provided that in the case of promotion from a lower class to a higher class, appointment shall be made on the recommendations of the Commission. (2) A person shall not be eligible for appointment by promotion to a specified post if he has unsatisfacto..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ......as follows: “45. Relief.— The petitioner may claim as relief any of the following declarations: (a) that the election of any returned candidate is void and that the petitioner or some other person has been duly elected: or (b) that the election as a whole is void. 10. Thus it is clea..Category: Election Law | Date: | Hits: 154
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......iage cohabited with said Ekramul Kabir in his hotel suit on 16-9-2000. 3. On receipt of the said Non FIR prosecution, the Chief Metropolitan Magistrate, Dhaka took cognizance against the accused persons under sections 495/497/109 of the Penal Code and issued warrant of arrest by an order date..Category: Criminal Law | Date: | Hits: 79
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61....... who was an ASI of Mirpur Police Station at the relevant time. He visited the place of occurrence, examined some witnesses under section 161 CrPC, seized some alamals of the case and sent the accused persons to the Court but unfortunately, he met with an accident on 11.11.90 and hence handed over th..Category: Criminal Law | Date: | Hits: 81
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......which goes against the public as well as all enactments are presumed to for the public benefit". It has stated by Bennion in his statutory interpretation 5th ed P -792 that it implies first that a person shall not be allowed to benefit from his own wrong and secondly, that where a grant is in gen..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......on. The statutory provisions of section 540 of the Code are enacted where under any Court by exercising its discretionary authority at any stage of inquiry, trial or other proceeding can summon any person as witness or examine any person as a witness or examine any person in attendance though not ..Category: Criminal Law | Date: | Hits: 97
Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458.......onstituted a Review Committee for the purpose of reviewing valuation of imports under Pre‑shipment inspection scheme consisting of such number of members as the Government may determine. (2) Any person aggrieved by any decision of the Review Committee may prefer an appeal to the Appellate Tribu..Category: Fiscal/Taxation Law | Date: | Hits: 138
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ......nt himself did not disclose the same to them after receipt of the copy of the application from the District Judge. Since the Petitioners did not disclose the contents of the said application to those persons, let us see whether merely because Petitioner filed an application to the Hon'ble Chief Just..Category: Criminal Law | Date: | Hits: 75
Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)
....rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453.......used, but that cannot be a ground to cancel the design already registered. 5. This application has been filed under section 51A of the Patents and Designs Act, 1911. This section provides that any person interested may present a petition for the cancellation of the registration of a design at any..Category: Intellectual Property Law | Date: | Hits: 257
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
.... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451.......inks fit for such purpose." Section 8D(1) of the Court‑fees Act reads as follows: “For the purpose of an inquiry under section 8C the Court may depute, or issue a commission to any suitable person to make such local or other investigation as may be necessary and to report thereon to the Co..Category: Procedural Law | Date: | Hits: 81
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ......ed as per provision of section 115 of the Evidence Act to say the contrary Reference may be given to the cases reported in 42 DLR 533, 46 DLR 268 and 1 BLC 375, wherein it has been held that when one person/persons (here the defendants) by their act allowed the other person/persons (here the plainti..Category: Employment/Service Law | Date: | Hits: 158
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......ng drunken at late night. The deceased would protest his such activities and for that the accused would assault her. The deceased reported it to her (P.W.1) and showed her the signs of torture on her person. In that way the deceased was passing her days with the accused. On 7-1-2004 at 4-00/5-00 PM ..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
.... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......t of Bangladesh as defendant No.2 praying for specific performance of contract, stating, inter alia, that the defendant No.1 Naimuddin Molla had obtained settlement of a landed property as a landless person on 17-1-1979 from the government of Bangladesh, defendant No.2, which was a khas properly rec..Category: Procedural Law | Date: | Hits: 120