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Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)

....f 1990 and by operation of law he became an Officer of the River Research Institute. In pursuance of this Act the River Research Institute Officers and Employees Regulation 1998 was promulgated and published in the Official Gazette on 23.7.1998. Mr. Chowdhury further submits that since creation of......i - For the respondent No.1. Writ Petition No.7462 of 2002. Judgment Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 27.4.2000 purporting to demote the petitioner as in Annexure-F and the order dated 17.1.......thout lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ......Hossain Ahmed J Mr. Pankaj Kumar Roy, formerly Principal Scientific Officer [PSO] of the River Research Institute, 37, North Road, Dhanmondi, Dhaka 1205…………………………………Petitioner Vs. The River Research Institute represented by the Director General Harukandi, Faridpu..

Category: Employment/Service Law | Date: | Hits: 166

Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)

....e set at liberty forthwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......ence adduced by the accused in support of his defence to rest its case solely thereon………………(25) Burden of Proof in a Criminal Trial The party on whom the onus of proof lies must, in order to succeed, must have to prove the case beyond reasonable doubt. He cannot, on his failure to ......connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......oof beyond reasonable doubt which runs through the web of our law field should not be stretched morbidly to embrace every hunch and decree of doubt. The concept that hundred guilty man may escape but one innocent person may not suffer. Now-a-days requires legal scrutiny afresh in as much as course o..

Category: Criminal Law | Date: | Hits: 108

Jahangir Alam Vs. State, 2004, 33 CLC (HCD)

....y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......he Accused-Appellant. No one appeared - For the Respondent. Jail Appeal No.102 of 2004. Judgment Abdus Salam Mamun J.- This Jail appeal has been directed against the impugned Judgment and order of conviction and sentence dated 30th September 2003, passed by the Acid Aparadh Daman Tribuna......ds with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......ment December 13, 2004. Result: The appeal is dismissed. Lawyers Involved: Shovana Banu, Advocate, (Appointed by the National Legal Aid Organization) - For the Accused-Appellant. No one appeared - For the Respondent. Jail Appeal No.102 of 2004. Judgment Abdus Salam Mamun J..

Category: Criminal Law | Date: | Hits: 103

Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)

....ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......of Civil Procedure of the plaintiff petitioner upon the opposite parties calling upon them to show cause as to why the prayer for amendment of the plaint should not be allowed after setting aside the order dated 24‑12‑85 passed by the Munsif, First Court, Tangail in Other Class Suit No.117 of 19......r..................Respondents Judgment February 19, 1992. Result: The Rule is made absolute. Cases Referred to- MA Jahangir and another Vs. Abdul Makk and others, 41 DLR 389; Nuruddin Ahmed Vs. Zafarullah Siddiq and ors., 42 DLR 246; Bimal Kanti Biswas and ors. Vs. Custodian Enemy......; Suda Nanda Ghose Vs. Central Bank of India and ors, 9 DLR 217; Haji Nurul Islam Vs. Ashraf Ali and ors., 30 DLR 215. Lawyers Involved: Syed Badrul Alam, Advocate ‑ For the Plaintiff‑Petitioner. Gour Gopal Saha, Advocate ‑ For the Defendant‑Opposite Party No.1. Civil Revision No..

Category: Civil Law | Date: | Hits: 112

Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)

....ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ......ka). First Miscellaneous Appeal No.4 of 1983 (Jessore). Judgment Md. Ansar Ali J.- This Miscellaneous Appeal at the instance of the defendant‑appellant is directed against the Judgment and order dated 23‑3‑83 passed by the learned Subordinate Judge, Narail in Title Appeal No.230 of 19......mp; ors.................Respondent Judgment July 18, 1993. Result: The First Miscellaneous Appeal is dismissed. Cases Referred to- Choumuhani College and another Vs. Md. Ismail Hossain and others, 26 DLR 10; 11 DLR 377; Tarangini Debi Vs. Govinde Mallik and ors, 9 DLR 57; Fazlur Ra......uit No.611 of 1978 in the 3rd Court of Munsif, Narail, originally praying for a permanent injunction against the defendants 1‑4. Subsequently on the prayer of the plaintiff, the suit was amended as one for a declaration of title, confirmation of possession and permanent injunction, in respect of t..

Category: Property Law | Date: | Hits: 113

Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)

....nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. .......3344 of 1996. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioner Eastern Bank Limited calling upon the respondents to show cause as to why the proceeding and order dated 18‑7‑96 passed in Money Suit No.6 of 1994 in the Court of Subordinate Judge and Arth...... to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Eastern Bank Limited……………………………Petitioner Vs. Subordinate Judge and another………………………………Respondents Judgm..

Category: Civil Law | Date: | Hits: 119

Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)

....t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......e Appellants. No one - For the Respondents. Criminal Appeal No.2170 of 1992. Judgment Md. Hamidul Haque J.- In this appeal the convict appellant challengedthe validity of the Judgment and order passed by the learned Assistant Sessions Judge and Special Tribunal Judge, Sherpur in Special ......nbsp;by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......�………………………..Respondent Judgment August 5, 1997. Result: The appeal is allowed in part. Lawyers Involved: Khurshid Alam Khan, Advocate ‑ For the Appellants. No one - For the Respondents. Criminal Appeal No.2170 of 1992. Judgment Md. Hamidul Haque J.- ..

Category: Criminal Law | Date: | Hits: 79

Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)

....ordingly, the application for vacating the order of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ......l Hoque and Kazi Akhtar Hossain, Advocates - For the Respondents-Applicant. Arbitration Case No.3 of 2009. Judgment Zubayer Rahman Chowdhury J.- This is an application for vacating the order passed by this Court on 28-10-2009 directing respondent Nos.1 and 2 not to dispose of or sell ......ction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ......C (HCD) (2011) 140. ..

Category: Alternative Dispute Resolution | Date: | Hits: 632

Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)

.... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132. ......plaintiff is a Bangladesh national residing permanently at House 11, Road 14, Dhanmondi Residential Area, Dhaka. While staying for 12 years in USA he came back to Bangladesh at the end of 1997 and in order to bring all his house hold articles worth US$ 34,500 to Bangladesh, he contacted the shipping...... Reported in: 16 BLC (HCD) (2011) 132. ......iff had to purchase some furniture's and household goods, at least to start with, from the local market worth of Taka. 300,000,00. Therefore, the plaintiff instituted the Admiralty suit and raised monetary claim for the loss and damage of the cargo, cost incurred for the purchase of furniture from..

Category: Admiralty Law or Maritime Law | Date: | Hits: 693

Dr. Md. Abul Kalam and another Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....ngpur Foundry Ltd., 3) Chittagong Vegetable and 4) Beximco Pharma are listed with Dhaka Stock Exchange. 11. Ms. Farida, the learned Advocate for the petitioners upon referring to the share list as published in the 'Daily Prothom Alo' dated 15.3.2010 submits that out of 8 (eight) companies 5 (five......espondents Judgment May 18, 2010. Result: The Rule is made absolute in part. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003); section 34 (9) The Adalat is empowered to pass an order of civil imprisonment against the judgment-debtor/s only after taking steps to sell the mortga......in Adalat No.3, Dhaka at once. Zinat Ara J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185. ......0) 185. ..

Category: Civil Law | Date: | Hits: 127

Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)

..... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ......On 01.03.1995 the defendants purchased 374 decimals of land from the suit land and have been possessing the same by constructing homestead thereon and they did not erect house by violation of the order of status quo. The plaintiff has got no right, title and interest in the suit land and as such......ngladesh and others, 42 DLR (HCD) 434; Gadal Chandra Burman and others Vs. Khagendra Barman and others, 53 DLR403; Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 3 MLR (AD) 73; Rafizuddin Ahmed Vs. Mongla Barman and others, 11 BLD (AD) 245; Fazlul Karim Chowdhury (Md.) and others Vs. ...... This Case is also Reported in: 7 LG (HCD) (2010) 332. ..

Category: Civil Law | Date: | Hits: 181

M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)

....ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......ion Case No.60 dated 28.01.2010 under Sections 420/406/506 of the Penal Code, now pending in the Metropolitan Magistrate, Court No.11, Dhaka, should not be quashed and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The relevant facts for the purpose o......tropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......on of late Abdul Aziz Bhuiyan Managing Partner, Binimoy International RL-351, Holding No.40/3, Inner Circular Road (VIP Road), Police Station Naya Paltan, District-Dhaka.................Accused-Petitioner Vs. The State.......................Opposite party Judgment May 26, 2011. Resul..

Category: Criminal Law | Date: | Hits: 104

Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)

....o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......e is made absolute. In a suit for declaration of title and for recovery of possession, the plaintiff must prove his cause of auction i.e. his possession in and dispossession from the suit land in order to prove that the suit is within time. Case Referred to- Fatema Khatoon others Vs. Naras......d. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......011) 217; 61 DLR (HCD) (2009) 788. ..

Category: Property Law | Date: | Hits: 106

Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)

....ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ......J. - On an application, under Article 102(2)(ii) of the Constitution of the People's Republic of Bangladesh this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order No.170 dated 22.03.2009 passed by the learned Judge of the Artha Rin Adalat No.1, Dhaka in Art...... be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ......hartered Bank, 67 Gulshan Avenue, Dhaka-1212, represented by its Senior Manager Grotip Special Assets Management and constituted attorney Ms. Nadia Mizan.........................................Petitioner Vs. Artha Rin Adalat No.3, Dhaka & others .......Respondents Judgment August 2,..

Category: Civil Law | Date: | Hits: 186

Masum Sharif Bhuiyan and others Vs. Narayangonj Pourashava represented by its Administrator and others, 2010, 39 CLC (HCD)

.... appeal is allowed without any order as to coasts. Send down the lower Court records at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 321. ...... District Judge and Artha Rin Adalat, narayanganj in Title Suit No.69 of 2006 and accordingly, the said suit (Title Suit No.69 of 2006) is decreed. In the result, the appeal is allowed without any order as to coasts. Send down the lower Court records at once. Nozrul Islam Chowdhury J.- I ag......D) (2010) 321. ......thers………………….Defendant-Respondents Judgment April 7, 2010. Result: The appeal is allowed. Lawyers Involved: Khair Ezaz Masood - For the Plaintiff-Appellants. None appears - For the Defendant-Respondents. First Appeal No.184 of 2006. Judgment Mu..

Category: Property Law | Date: | Hits: 105

S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)

.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......property for the benefit of any other person or for the benefit of the person paying or providing the consideration shall be admissible in any proceeding before any Court or authority." 10. In order to construe the expression "immovable property" we are to construe it in its proper context to......ellant Vs. Mrs. Fatema Begum………………………………..Respondent Judgment April 26, 2010. Result: The appeal is dismissed. Cases Referred to- Attorney General V. Prince Ernest Augustus, [1957] 1 All ER 49; Powell Vs. Kempton Park Racecourse Co. Ltd., [1899] AC 143......nwar Hossain Chowdhury Vs. Government of the People's Republic of Bangladesh, 41 DLR (AD) 165; Smt., Indira Gandhi V. Rajnarain, AIR 1975 (SC) 2299; Md. Ismail Vs. The State, 21 DLR (SC) 161; Commissioner of Income Tax. Kerala Vs. Tara Agencies, (2007) 6 Supreme Court cases 429; Union of India Vs. D..

Category: Property Law | Date: | Hits: 134

People's Republic of Bangladesh Vs. Chairman, Court of Settlement and others, 1996, 25 CLC (HCD)

..... Thereafter the respondents filed petition under section 7 of Ordinance No.54 of 1985 before the Court of Settlement and prayed for exclusion of the case property from Ka list of Abandoned Buildings published on 23rd September 1986 in Bangladesh Gazette (Extraordinary) under the above Ordinance. ......� For Respondent Nos.2 & 3. Writ Petition No.868 of 1990. Judgment Md. Abdul Matin J.- This Rule was issued calling upon the respondents to show cause at to why the impugned Judgment and order dated 31‑12‑1988 (Annexure‑A) passed by the respondent No.1 in case No.750 of 1988 shall......d. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ......on) Present: Md. Mozammel Haque J Md. Abdul Matin J People's Republic of Bangladesh, represented by the Secretary, Ministry of Public Works, Secretariat Building…………………Petitioner Vs. Chairman, Court of Settlement and others……………………………………�..

Category: Property Law | Date: | Hits: 113

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......g the period of remand and there is also no confessions by her. On 9‑11‑1996 the petitioner prayed for bail in the Arms Act case which was refused by the learned Chief Metropolitan Magistrate who ordered for remanding her to custody. The petitioner was shown arrested in connection with this case......sfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......Criminal Miscellaneous Jurisdiction) Present: Mahmudul Amin Choudhury J S A N Mominur Rahman J Jobaida Rashid, wife of Khandakar Abdur Rashid………………………………….Petitioner Vs. State……………………………….Opposite Party Judgment March 23, 199..

Category: Criminal Law | Date: | Hits: 82

Subhra Nandi Majumder Vs. Amar Prasad Bhattacharjee and others, 1997, 26 CLC (HCD)

....harged. In the result, the Rule is discharged without any order as to costs, The order of stay granted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ......7 of 1991 (Dhaka). Civil Revision No.33 of 1988 (Ctg). Judgment Qazi Shafiuddin J.- This Rule was issued calling upon the plaintiff‑opposite party No.1 to show cause as to why the impugned order being order No.67 dated 26‑11‑87 passed by the Subordinate Judge in‑Charge, 1st Court, C......nted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ......97) 227. ..

Category: Civil Law | Date: | Hits: 117

Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)

....n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......ssity in respect of the transfer in question being based on evidence on material on record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......owever, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......endant, that Shubhadra's husband sold his property and thereafter purchased the share of Jadab inherited by his widow Jatri for a consideration of Tk. 900/-. Since then he is in possession. Ananda, one of the brothers of Jadab claims the property left by Jadab as a reversioner as Jadab had no son...

Category: Procedural Law | Date: | Hits: 81

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