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State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)

....guilty man does not escape. Both are public duties. A judge is to sift grain out of chaff. Therefore, he cannot afford any favour other than truth and only truth. In the touchstone of above stated principles of criminal Jurisprudence, the points formulated are being addressed. 17. The learned ......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ...... Referred to- Abdul Hai Sarker Vs. State, 43 DLR (AD) 95; Abdul Quddas Vs. State, 43 DLR (AD) 234; Abdus Sukur Miah Vs. State, 1996 BLD 337 = 48 DLR 228; Nawsher Ali Vs. State, 39 DLR (AD) 194. Lawyers Involved: Umme Kulsum Begum, Deputy Attorney General with SM Shajahan Kabir, Assistant At..

Category: Criminal Law | Date: | Hits: 87

Harendra Chandra Barman Vs. Government of the People's Republic of Bangladesh and others, 2009, 38 CLC (HCD)

....edure. In view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 60.......edure. In view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 60....................Petitioner Vs. Government of the People's Republic of Bangladesh and others...........Opposite Parties Judgment August 17, 2009. Result: The application is rejected. Lawyers Involved: MA Jalil, Adaocate - For the Petitioner. Civil Order No. 3029 of 2009. Ju..

Category: Property Law | Date: | Hits: 73

Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)

.... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ...... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ...... Rustom Ali and others..................Respondents Judgment August 11, 2009. Result: The appeal is allowed. Case Referred to- Firoja Mazib Vs. JB Corporation, 39 DLR (AD) 78. Lawyers Involved: Abdul Wadud Bhuiyan with SRM Lutfor Rahman Akhand, Advocate - For the Appellant..

Category: Property Law | Date: | Hits: 71

Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)

....fund. So the amount of claim may be reduced according to section 47 of the Artha Rin Adalat Ain, 2003, which allows the Bank to set up claim of only the loan amount by adding not more than double the principle amount as interest irrespective of the contract. In the said line, we consider it fit and ......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......J Md. Azizul Haque J Pubali Bank Ltd...........Appellant Vs. Farzana Begum and another...........Opposite Parties Judgment December 13, 2009. Result: The appeal is allowed. Lawyers Involved: Zakir Hussain Mazumder, Advocate - For the Plaintiff-Appellant. No one appea..

Category: Civil Law | Date: | Hits: 116

Jaymala Baroy @ Shamsun Naher Vs. Dilip Kumer Baroy, 2009, 38 CLC (HCD)

....st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48.......st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48.......hamsun Naher.........Petitioner Vs. Dilip Kumer Baroy..........................Opposite Party Judgment November 4, 2009. Result: The order of stay granted earlier stands vacated. Lawyers Involved: Suraiya Begum, Advocate - For the Petitioner. No one appears - For the Oppos..

Category: Civil Law | Date: | Hits: 130

Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)

....ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ......ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ...... Present: SM Ziaul Karim J Ayub Ali Khan............Petitioner Vs. Md. Abdur Raqib and others.......Opposite Parties Judgment June 22, 2009. Result: The Rule is discharged. Lawyers Involved: Md. Nurul Amin, Advocate - For the Petitioner. Md. Jamil Akhter Elahi, Advoc..

Category: Civil Law | Date: | Hits: 92

Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)

.... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......Ltd. and another....................Petitioners Vs. Bangladesh Bank and others……………………………Respondents Judgment April 5, 2007. Result: The Rule is discharged. Lawyers Involved: Akhter Imam with Sheikh Hasan Arif, Advocates - For the Petitioners. Md. Asa..

Category: Civil Law | Date: | Hits: 121

Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)

.... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......erred to- Sultan Ara Begum Vs. Secretary, 38 DLR 105, Dewan Obaidur Rahman Vs. State, 1999 BLD (AD) 128 = 4 BLC (AD) 167, Shaikh Obaidul Huq Vs. State, 38 DLR 105, AIR 1956, Madhya Pradesh, 19. Lawyers Involved: Md. Khurshid Alam Khan with Mohammad Mujibur Rahman, Adaocates - For the Petiti..

Category: Criminal Law | Date: | Hits: 95

Saudi Bangladesh Services Company Ltd. Vs. Saudi Arabian Airlines Corporation, represented by its Country Manager, 2009, 38 CLC (HCD)

....efore an Arbitral Tribunal, there may very well be an Award by the majority. This is an undisputed position. At the same time, the arbitration proceeding must also conform to certain well established principles and norms of legal rules and conduct. Upon conclusion of hearing, the members of the Trib......des that subject to the Act, the Tribunal shall follow the procedure "to be agreed on" by the parties in "conducting its proceedings". A similar provision appears in the 'United Nations Commission on International Trade Law' (briefly UNCITRAL), Model Law on International Commercial Arbitration (here......s hereby set aside. Cases Referred to- Sheik Abdulla Vs. MVRS Firm and Sons, 1924 Rangoon 153; Abu Hamid Zahira Ali Vs. Golam Sarwar, 22 CWN (1917-18), 301; European Grain Vs. Johnston, Lloyd's Law Reports (1982) Vol 2, 551; Dewan Singh Vs. Champat Singh, AIR 1970 SC 967; SL Kapoor Vs. Jagmoha..

Category: Alternative Dispute Resolution | Date: | Hits: 385

State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)

....ve beyond all reasonable doubt that the convicts shot the deceased to death. He refers the cases of Anisur Rahman Vs. State, 1986 BLD (AD) 79 and Billat Vs. State, 52 DLR (AD) 143 as to the settled principle of law of the theory of last seen. He adds that accused Abu Bakar, Bipul, Miru, Babui and...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ......8 BLD 100 = 40 DLR 443; Md. Jamaluddin Vs. State, 1994 BLD 33; State Vs. Babul Hossain, 52 DLR 400; Sanwar Hossain Vs. State, 45 DLR 489; Syed Nazakat Hossain alias Ujjal Vs. State, 48 DLR 139. Lawyers Involved: Md. Shafiqul Alam, Assistant Attorney General - For the State Appellant. Abd..

Category: Criminal Law | Date: | Hits: 67

Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)

.... accused acquitted. The fine already paid by the accused petitioners need be re­funded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306....... accused acquitted. The fine already paid by the accused petitioners need be re­funded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306........ Manindra Nath and another, AIR 1950 Calcutta 330; Maijuddin Laskar Vs. Moulana Nurun Nabi, 16 DLR (Dhaka) 528; 10 DLR Dhaka 152; 16 DLR Dhaka, 528; Hussain Bakshah Vs. The State, 15 DLR (WP) 33. Lawyers Involved: Shahid Ahmed - For Petitioner. Md. Matiur Rahman - For the State. Crimin..

Category: Criminal Law | Date: | Hits: 76

Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)

....ing the burden of proof entirely on the defence holding that the talk of amicable settlement between the parties became corroborative proof of alleged occurrence in total ignorance of the established principle of Criminal ju­risprudence. The learned appellate Court also has not arrived at any indep......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......d to- Mazulla Vs. The State, PLD 1961 (Pesh) 7; Mrs. C.M. Samsul Vs. Mr. C.M. Samsul and the State, 19 DLR (HC) 428; Mirro Vs. Emperor, AIR 1947 All 97; Emperor Vs. Sami Des, AIR 1926 Lah 375. Lawyers Involved: Akram Hossain Amin with Sajjad Ali Chowdhury - For Petitioner. Sultan Ahmed,..

Category: Criminal Law | Date: | Hits: 92

Chairman, Bangladesh Forest Industries Development Corporation (BFIDC) and another Vs. Md. Hatem Ali and others, 2011, 40 CLC (AD)

....y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ......y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ......¦â€¦..Respondents Judgment June 7, 2011. Result: The appeal is dismissed. Case Referred to- Aluminium Corporation of India Ltd. Vs. Union of India and others, AIR 1975 (SC) 2279. Lawyers Involved: Chowdhury Sanwar Ali, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Re..

Category: Employment/Service Law | Date: | Hits: 739

Government of Bangladesh and others Vs. Dhaka Match Industries Co. Ltd. and others, 2011, 40 CLC (AD)

....he Rule. Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment. Ed. This Case is also Reported in: ......he Rule. Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment. Ed. This Case is also Reported in: ...... Bangladesh and others.................Petitioners Vs. Dhaka Match Industries Co. Ltd. and others............Respondents Judgment June 2, 2011. Result: The petition is dismissed. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Mrs. Mahmuda Begum, Advo..

Category: Civil Law | Date: | Hits: 131

Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)

....paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......ranted. Cases Referred to- Shahjadi Begum and others Vs. Mirza Gias Uddin, 21 BLD (AD) 59; Chairman of Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 46 DLR (AD) 145. Lawyers Involved: T. H. Khan, Senior Advocate (with Md. Faisal Hossain Khan, Advocate), instructe..

Category: Property Law | Date: | Hits: 79

Government of the People’s Republic of Bangladesh and another Vs. Md. Shahjahan and others, 2012, 41 CLC (AD)

....found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in:  18 MLR (AD) (2013) 1. ......found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in:  18 MLR (AD) (2013) 1. ......and another.........Appellants Vs. Md. Shahjahan and others………………………………………….Respondents Judgment March 2, 2012. Result: The appeal is disposed of. Lawyers Involved: Mahbubey Alam, Attorney General (with Murad Reza, Additional Attorney General),..

Category: Others | Date: | Hits: 138

Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)

....tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ......tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ......…………………………..Petitioner Vs. Artha Rin Adalat No.2, Dhaka and another…………….Respondents Judgment December 15, 2011. Result The petition is disposed of. Lawyers Involved: Abdul Baset Majumder, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advoc..

Category: Procedural Law | Date: | Hits: 112

Chief Engineer, the Local Government and Engineering Department Vs. Sanjoy Kumar Halder and others, 2011, 40 CLC (AD)

....g been made on proper appreciation of laws and facts do not call for interference. Accordingly, all the leave-petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 174. ......g been made on proper appreciation of laws and facts do not call for interference. Accordingly, all the leave-petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 174. ......No.1085 of 2011) Md. Shahjahan Alamgir and others.............Respondents (In Civil Petition No.1091 of 2011) Judgment July 14, 2011. Result: All the leave-petitions are dismissed. Lawyers Involved: M. K. Rahman, Senior Advocate with Khurshed Alam Sarker Advocate) instructed by..

Category: Others | Date: | Hits: 172

Ali Hossain Fakir (Md.) and 5 others Vs. Government of the People’s Republic of Bangladesh through the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others, 1997, 26 CLC (HCD)

....ect, the petitioner has not come with clean hands. So far as the submission that they have been removed with stigma on their back without being given an opportunity of being heard as violative of the principles of natural justice is concerned, the Appellate Division in the case of Mujibur Rahman Vs.......olation of the principle of natural justice before the Administrative Tribunal. The applications therefore are summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 231. ......¦Respondents (In all the Writ Petitions) Judgment July 7, 1997. Result: The applications are summarily rejected. Case Referred To- Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111. Lawyers Involved: Khondaker Mahbubuddin Ahmed with Ruhul Quddus, Mahbubey Alan, Md. Abdus Sobhan,..

Category: Employment/Service Law | Date: | Hits: 91

Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)

.... 30 of the Customs Act was involved. But interpretation of section 25 of the Customs Act was not involved in those decisions. Learned Advocate for the petitioner of the respective Rule contended that principle enunciated in those decisions regarding application of the rate of customs duty will also ......ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ......tor of Customs Vs. Ahmed Hossain and others, 48 DLR (AD) 199; Abdul Hannan’s case, 42 DIR (AD) 167; Mostafa Kamal Vs. Commissioner of Customs and others, Writ Petition Nos.4336 and 4337 of 1996. Lawyers Involved: AF Hasan Ariff with Fakhrul Islam and Ziauddin Ahmed Mamun, Advocates - For the..

Category: Fiscal/Taxation Law | Date: | Hits: 134