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M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)

....re, do not find any sub­stance in the submissions made by Mr. S.A.M. Mahbub Elahi, the learned Advocate for the petitioners. 31. In view of our discussion made in the foregoing paragraphs and the principles laid down in the decisions repotted in 46 DLR (AD) 174, 5 MLR (AD) 290, 27 BLD (AD) 326, ......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......Kazi Gowaherul Islam Vs. Standard Co-operative, 50 DLR (HCD) 431; Iftekher Afzal Vs. Pubali Bank Ltd., 50 DLR (HCD) 623; Provat Kumar Das Vs. Agrani Bank and another, 15 BLC (AD) 113; 15 BLC 180. Lawyers Involved: S.A.M. Mahbub Elahi, Advocate - For the petitioner. No one appears - For th..

Category: Civil Law | Date: | Hits: 129

Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)

....e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......¦â€¦â€¦â€¦â€¦.Petitioners Vs. Md. Samsur Ali Mondal and others…………………………………Opposite parties Judgment June 19, 2006. Result: The Rule is made absolute. Lawyers Involved: S. N. Goswami, Advocate - For the Petitioners. No one appears - For the Oppo..

Category: Property Law | Date: | Hits: 96

State Vs. Arman Ali and another, 2008, 37 CLC (HCD)

.... failure, it can not fall back upon the accused. In a criminal case, it is for the prosecution to bring guilt home to the accused. 44. In approaching and answering to the points drawn up, cardinal principles of criminal jurisprudence in awarding conviction followed by sentence upon an indicted pe......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ...... Prisoner Judgment November 4, 2008. Result: The Death Reference No.28 of 2005 is rejected with modification of sentence. Cases Referred to- Ismail Barker Vs. State, 33 DLR 320. Lawyers Involved: Mrs. Umme Kulsum Begum, Deputy Attorney General with S.M. Shajahan Kabir Assist..

Category: Criminal Law | Date: | Hits: 106

Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)

.... by the learned Counsel for the petitioner are not correct exposition of law, however, I have gone through the decision reported in 27 DLR 72 as referred by him. I am in respectful agreement with the principles enunciated therein but the facts leading to that case is distinguishable to that of the i......without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ......¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Parties Judgment August 18, 2009. Result: The Rule is discharged. Case Referred to- Md. Abdur Rahim and others Vs. Sree Sree Gredhari Jeo, 27 DLR 72. Lawyers Involved: Md. Sagir Hossain Leon, Advocate - For the petitioner.  Md. Fakhar Uddi..

Category: Limitation Law | Date: | Hits: 147

Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)

.... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ......rs Vs. Janata Bank and another……………………………Opposite Parties Judgment March 18, 2010. Result: The Rule is discharged. Cases Referred to- M/S. United Leather International Vs. Artha Rin Adalat and others, 17 BLT (AD) 204; Humayun Hossain Khan Vs. Government ...... International Vs. Artha Rin Adalat and others, 17 BLT (AD) 204; Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 61 DLR AD 92; Nur Islam Vs. Agrani Bank, 49 DLR AD 135. Lawyers Involved: S.N. Goswami - For the petitioners.  M. Khaled Ahmed - For the opposite..

Category: Civil Law | Date: | Hits: 89

Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

....tioners purport to challenge the execution, signing and implementation of the CHT Peace Accord, which is an agreement concerning the then political situation in the CHT, and as such under the settled principles of law, this Court or any other Court shall steer clear of any inter­ference with or any......7. 21. It is emphasized by the Respondents that the CHT Peace Accord was framed in conformity with the Constitution and is in har­mony with Bangladesh's international treaty obligations under the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social...... Abdul Mannan, 29 DLR (SC) 1977; 17 MLR in Blackburn Vs. Attorney-General, [1971] 2 ALL ER 1380; Anwar Hossain Vs. Bangladesh (Constitution 8th Amendment Case), BLD (Special Issue) Vol IX(A) 1989. Lawyers Involved: Abdur Razzaq, Senior Advocate with Imran Siddiq, Advocate - For the petitioner ..

Category: Constitutional Law | Date: | Hits: 314

Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)

....le thus fails. In the result the rule is discharged. Let the LCR be sent down immediate­ly. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......le thus fails. In the result the rule is discharged. Let the LCR be sent down immediate­ly. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......charged. Cases Referred to- Golam Mohammad Vs. Muzammal khan and 4 others, PLD 1967 SC 317; Md. Alam and 3 others Vs. The State, 19 DLR (SC) 242; Shadu Miah and others Vs. State, 10 BLC 770. Lawyers Involved: Kaiser Ali - For the Petitioners.  S.M. Shahjahan Kabir, Assistant Atto..

Category: Criminal Law | Date: | Hits: 99

Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)

.... not to correct a clerical error and is, therefore, without juris­diction". 10. The points of law involved in the case referred to above and those of the case in hand are similar. Therefore, the principle expounded in the case referred to above fully applies in the facts and circumstances of th......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ...... The State……………………….Opposite party Judgment November 22, 2009. Result: The Rule is made absolute. Case Referred to- Shahera Khatun Vs. State, 6 BLC (2001) 604. Lawyers Involved: MM. Nuruzzaman, Advocate - For the accused-petitioner.  Md. Soyeb Khan,..

Category: Criminal Law | Date: | Hits: 84

Bangladesh Film Development Corporation Vs. Chairman, 1st Labour Court, Dhaka and others, 1996, 25 CLC (HCD)

....Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 396. ......Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 396. ...... Judgment November 11, 1996. Result: The Rule is discharged. Cases Referred to- 31 DLR (AD) 298; 14 DLR (SC) 17; 48 DLR 472; 1968 PLC 281; 1968 PLC 355; 1968 PLC 183; 1968 PLC 279. Lawyers Involved: Md. Hannan, Advocate ‑ For the Petitioner. Chowdhury Sanwar Ali, Advocate ..

Category: Labour and Industrial Law | Date: | Hits: 265

Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)

....ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......ite Party Judgment May 18, 1998. Result: The Rule is discharged. Cases Referred to- Farooque Miah Vs. Tahera Begum, 1981 BLD 165; Ayesha Sultana Vs. Md. Shajahan Ali, 38 DLR 140. Lawyers Involved: No one appears. Criminal Revision No.1194 of 1992. Judgment Md. Hamidu..

Category: Procedural Law | Date: | Hits: 105

Akhter Hossain (Md.) Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....roup-2 and Inquiry Officer, Customs House, Dhaka and withdraw the suspension order of license. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 82. ......ss such other or further order or orders as this Court may seem fit and prop­er. 2. It is stated that the petitioner is a law abid­ing citizen of the country and Proprietor of Messrs Parul Trade International. He obtained a C&F license from the Joint Collector of Customs in the year of 1983......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioner Vs. Bangladesh and others………………………………..Respondents Judgment October 21, 2009. Result: The Rule is made absolute. Lawyers Involved: Manzil Murshid, Advocate - For the Petitioner.  Md. Mostafa Zaman Islam..

Category: Fiscal/Taxation Law | Date: | Hits: 166

Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)

....t, a reference may be made to the decision in the case of Anti-Corruption Commission Vs. Mahmud Hossain reported in 61 DLR (AD) 17. In that decision, it was observed in paragraph 13: "13. Cardinal principle of the criminal jurisprudence is that the person concerned should submit to the process of......been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ......hah Chowdhury, 51 DLR (AD) 242; Moulana Md. Yusuf Vs. State, 18 BLD (AD) 227 = 3 BLC (AD) 171; Chand Shah Vs. The Crown, PLD 1956 (FC) 43 = 8 DLR (FC) 24; Khalid Saigol Vs. State, 14 DLR (SC) 321. Lawyers Involved: Md. Ramzan Ali Sikder, Advocate - For the Petitioner.  Md. Khurshedul A..

Category: Criminal Law | Date: | Hits: 99

Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)

....side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ...... Sudhir Kumar Das and another Vs. Abdul Malek Miah and others, 2006 BCR (AD) 164; Rafiqul Islam (MD.) Vs. Mir Abdul Ali, 44 DLR (AD) 176; Malik Md. Ishaque Vs. Mlrza Almas Ali, 21 DLR (WP) 333. Lawyers Involved: S.M. Moonir, Advocate- For the Petitioner.      &..

Category: Property Law | Date: | Hits: 119

Editor, Bangladesh Observer, Dhaka & another Vs. Member, Labour Appellate Tribunal and others, 1998, 27 CLC (HCD)

....ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 606. ......ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 606. ......…………………Respondents Judgment June 14, 1998. Result: The Rule is discharged. Case Referred to- Shaw Wallace Bangladesh Limited Vs. Tafazzal Hossain, 50 DLR 22. Lawyers Involved: Mahbubul Huq, Advocate ‑ For the Petitioners MI Faruque with M Saleem ..

Category: Labour and Industrial Law | Date: | Hits: 215

Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)

....irreg­ularity or fraud. d) Upon the facts proved the Court is satisfied that the applicant has sus­tained substantial injury by such" irreg­ularity or fraud. 21. In view of the above settled principle that the proceeding under Order 21 Rule 90 is a separate proceeding and not a pro­ceeding...... Judgment May 2011. Result: The Rule is made absolute. Cases Referred to- IFIC Bank Ltd. Vs. Manner Fashions Ware Pvt. Ltd. and others, 12 BLC (HCD) 723; Abdus Sattar and others Vs. International finance Investment and Commerce Bank Ltd., 52 DLR (HCD) 4; Nurul Islam Vs. Agrani Bank......1945 (PC) 178; Molla Shahidul Islam Vs. Mansnr Rahman, 57 DLR 164; Ram Kumar Vs. Rasmeswara, AIR 1964 Mys-59; Manik Vs. Banamali 1LR 32 Cal 1104; Mokbul Ahmed Contractor Vs. Md. Idris, 21 DLR 511. Lawyers Involved:  Md. Khalilur Rahman with T. M. Shakil Hasan and Md. Khalilur Rahman- For ..

Category: Civil Law | Date: | Hits: 112

Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....dent No. 3 by the impugned Memo dated 17.5.2009 withdrew his earlier order dated 12.5.2009 without serving any show cause notice or giving any opportunity of personal hearing and thereby violated the principle of natural justice. Challenging the said Memo dated 17.5.2009 the petitioner moved this Ho......ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ......(AD) 36; Abul Hasnat Mohammed Shajahan Bepari Vs. Bangladesh and others in Civil Petition For Leave To Appeal No. 968 of 1999; Philips Electrical Company Vs. The Commissioner of Taxes, 45 DLR 390. Lawyers Involved: Abdul Matin Khasru, Advocate with Pankaj Kumar Kundu, Advocate- For the petitio..

Category: Civil Law | Date: | Hits: 130

Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)

....rder passed in this case stands vacated. Let a copy of this Judgment and Order be trans­mitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......rder passed in this case stands vacated. Let a copy of this Judgment and Order be trans­mitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦. Accused-Petitioner Vs. State and another………………………….Opposite Parties Judgment May 9, 2011. Result: The Rule is made absolute. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate with Ashraful Hadi, Advocates - For the Peti..

Category: Criminal Law | Date: | Hits: 100

AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)

....iction in appropriate case and can go into the fact and disturb the finding of fact, as for example, where the subordinate Courts have wrongly applied the law and procedure or not applied the correct principles relating to the appraisement of evidence or ignored the important pieces of evidence alto...... No.858 of 2010. 2. Prosecution case, in short is that one Rejena Begum, proprietor of Nepa Enterprise, filed CR Case No.300 of 2008 against AKM Fayekuzzaman, proprietor of M/S. Khandaker Business International stating, inter alia, that the complainant is a contractor and her husband Md. Yakub Al......963) 15 DLR (SC) 150; Feroj Khan Vs. Captain Golam Nabi, (1966) 18 DLR (SC) 289; Abdur Rashid Khandaker Vs. Chandu Master, (1964) 16 DLR (SC) 505; State Vs. Khandaker Md. Moniruzzaman, BLT (AD) 9. Lawyers Involved: Habibur Rahman with Delwar Hossain Lasker, Advocates - For the Petitioner. ..

Category: Criminal Law | Date: | Hits: 99

Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)

....ement contract is not "in force" and the notification of award is nothing but a paper transfer. Above findings follow that the decision of the procuring entity being violative of norms established principles of justice and equity is liable to be re-examined. "Decision: The complaint, is al......dystone Broadcast, is a com­pany incorporated under the Companies Act, 1985 with the Registrar of Companies for England and Wales. The petitioner entered into a commercial agency agreement with ASBL International Division on 13-3-2007 and appointed ASBL International Division as its local agent in ......thers………………….Respondents Judgment July 22, 2010. Result: The Rule is made absolute. Case Referred to- GM Jamuna Oil Company Ltd. Vs. Golap Rahman, 34 DLR (AD) 166. Lawyers Involved: Mahmudul Islam with Probir Neogi, Advocates - For the Petitioner.  Akra..

Category: Others | Date: | Hits: 127

Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)

....nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Appellant Vs. Sheikh Moqbul Ahmed and others………………………………Respondents Judgment October 21, 2009. Result: The appeal is allowed. Lawyers Involved: Fazlul Karim, Advocate with Mrs. Fowzia Karim Firoz, Advocate - For the appella..

Category: Civil Law | Date: | Hits: 136