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Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......n Magistrate Court, Dhaka against the petitioner in Motijheel Police Station Case No.19(3) 1993 should not be quashed. 2. At the time of issuance of the Rule the accused-petitioner obtained bail and the proceeding as stayed. 3. The facts leading to the Rule in short are as follows: On......unt No.710 who stood as guarantor for the aforesaid money on behalf of the said Labu Miah; that the aforesaid persons never released the documents from the bank nor paid the aforesaid amount; that on proper inquiry is found that the Ahmed Enterprise is a non-existing business concern. It has been me......ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....and the same should be discharged. 8. In the result, the Rule is discharged. Accordingly, the order of stay granted earlier by this Court stands vacated. The concerned trial Court is directed to complete the trial of the case as expeditiously as possible as the case is a very old one. Let ...... Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Hafiz J Aslam (Md.)..........................................Accused-petitioner Vs. Md. Salauddin and another…………..........Opposite-Parties Judgment September ......he disposal of the Rule, are that the complainant-opposite party No.1 filed a Petition of Complaint before the Court of Magistrate, 1st Class, Narayanganj Sadar (South) alleging, inter alia, that the property shown in the schedule originally belonged to Joya Rani Guha, and upon her death the propert......the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
....he date of receipt of this Judgment, positively.
Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 64 DLR (HCD)(2012) 65.
......Court
High Court Division
(Special Original Jurisdiction)
Present:
Md. Bazlur Rahman J
Md. Enayetur Rahim J
Humayun Kabir Patwary………………………………Petitioner
Vs.
Secondary and Higher Secondary SchoolEducation Board, Comilla and 5 others………………………….Res......011 made by the respondent No.6 and also thereby seeks direction to fixa fresh date for holding aforesaid election and/or pass such order or furtherorder or orders as to this Court may seem fit and proper.
2. Short facts for disposal of the Ruleare that the petitioner being a guardian voter being......he date of receipt of this Judgment, positively.
Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 64 DLR (HCD)(2012) 65.
..
Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....ecuted an agreement of employment on 2.12.1999 with M/S. Commodity International Pte. Ltd. Singapore, fixing the salary and the terms of the employment; the service period was for twelve months to be completed by 1.12.2000 and the vessel of the employment was M. V. ACCORD. The P.W. 1 submitted the v......g Director, Viking Associates Ltd. Hossain Chamber 1st Floor, 105, Agrabad, Chittagong, Local Agent of M. V. Accord….............Principal Defendants 6. The Chairman, Chittagong Port Authority, Bandar Bhaban, Police Station-Bandar, District-Chittagong. 7. The Harbour Master, Chittagong Port ......of limitation, estoppels, waiver and acquiescence? Is their any cause of action against the defendants for filing the instant suit? Whether the documents exhibited in this suit were done by the proper person? Whether the content of the private documents exhibited in this suit was proved by ......r in total disregard of their duties and responsibilities and therefore the instant suits are liable to be dismissed. 8. Upon the aforesaid pleadings of the parties this court framed the issue for adjudication as follows: Is the suit maintainable under the Admiralty Jurisdiction in its pres..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
....t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......n J.-I agree. Ed. This Case is also Reported in: ......olitan Magistrate, Dhaka and Title Suit No. 6451of 2008 pending before the District Judge, Dhaka, as the said two cases were pending between same parties and result of the said cases are relevant for proper adjudication of the present Nari-o-Shishu Nirjatan Damon Case. 5. The learned Judge of the......Magistrate, Dhaka and Title Suit No. 6451of 2008 pending before the District Judge, Dhaka, as the said two cases were pending between same parties and result of the said cases are relevant for proper adjudication of the present Nari-o-Shishu Nirjatan Damon Case. 5. The learned Judge of the Tribun..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
..... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ...... Muhammad Mamtaz Uddin Ahmed J Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, P.S.- Ramna, Dhaka and others……………………Petitioners Vs. ......quently the lessee Md. Hossain Ali sold the said plot along with the structure thereon to one Ghulam Rabbani by a registered sale deed dated 24.06.1965. Ghulam Rabbani got possession of the said property and possessed the same. Subsequently after liberation of Bangladesh the said property was e....... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
.... 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. ......inha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Abdul Aziz being dead his heirs:- 1(a) Asia Khatoon and others……………………..Petitioners Vs. 1(a) Most. Kutisona Bibi and others.............his concurrent finding of the courts of facts, set aside the judgment of the appellate court below and sent back the appeal on remand with a direction for writing judgment afresh. This has not been proper and justified at all. The judgment of the appellate court is a judgment of affirmance and a...... 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)
....ce of alternative remedy available under the Income Tax Act, a writ petition under Article 226 of Constitution is maintainable. It has been held by the Supreme Court, the Income Tax Act provides a complete machinery for assessment of tax and imposition of penalty and for obtaining relief in resp...... Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Md. lmman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Tae Hung Packaging (BD) Limited and others..................Appellants Vs. Bangladesh and others............................... it differs the case shall be referred to a Full Bench." 13. If a Division Bench does not accept as correct the decision on a question of law of another Division Bench, the only right and proper course is for it to refer the matter to a Full Bench. Chapter VII, Rule 1, of the High Court......e and the investigating agency submits report to the Court to take cognizance its duty comes to an end. There is thus a well defined and demarcated function in the field of crime detection and its adjudication between the police and the Court. The Supreme Court approved the views taken in the ca..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
..... In the case of Rahman Vs. State of UP AIR 1972 (SC) 11 held:— "The circumstances forming evidence must be conclusively established and even when so established they must form such a complete chain that is not only consistent with the guilt but is inconsistent with any-reasonable hy......e Jurisdiction) Present: Syed Md. Ziaul Karim J Abdur Rob J State...............................................................Petitioner Vs. Tariqul Islam alias Rinku and 20 others……......Convict-appellants Judgment July 17, 2011. Result:......of some of the accused soon after the occurrence cannot always alone circumstances leading to inference of guilt of the accused. Fifthly, after conclusion of the prosecution case the accused were not properly examined under section 342 of the Code of Criminal Procedure and attention to the incrimina......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. ..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
.... to their father by the sale deed dated 06.06.1996 at a price of taka 15,000.00. The deed was registered in the office of Sub-registrar, Araihazar being deed No.2946; the registration of the deed was complete as per the provision of the Registration Act, the same having been recorded in book No.1, v......sain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Habibur Rahman Bhuiyan and others........................Appellants Vs. Mosammat Galman Begum and others...................s father Sultan Uddin Bhuiyan was a bargadar under the pre-emptor's father and later on under her. Pre-emptor requested the respondent No.2, the vendor on different occasions to partition the joint property left by her parents. Pre-emptor's husband being a Government Servant, she used to stay with......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......lam & others…………Respondents Judgment June 9, 2011. Result: The petition is dismissed. Cases Referred to- Khairullah Vs. A.D.C. (Revenue) and another, (2002) 54 DLR (AD) 13; Abu Ali Chowdhury Vs. The State, (1997) 5 BLT (HCD) 3; Nuru Mia ......or in the alternative for partition. The cause of action of a partition suit is recurring. The plaintiffs may have recourse to legal measures before the appropriate Court for partition of ejmali property if their claim is not otherwise barred (emphasis supplied). 10. The findings arri......ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....bearer cheque or crossed cheque “account payee”, for any reason whatsoever including the dissimilarity of the signature of the drawer on the cheque, the offence under the section shall be complete and in that case the payee shall have the liberty to file a petition of complaint before th...... Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Arif-Uz-Zaman…………………………..............Petitioner Vs. The State and another…………………….............Respondents ......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. ......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. ..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
.... that no particular number of witnesses shall, in any case, be required for the proof of any fact and, as such, conviction can be based on the evidence of a solitary witness, if his evidence is full, complete and self contained............(18) If the accused being enlarged on bail remains absco......f justice..........(14) Proper use of section 561A Care should be taken so that the jurisdiction under section 561A can not be invoked for the purpose of examining the correctness, legality and propriety of any finding, sentence and order passed by the criminal courts……&helli......to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6(six) months more should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule may be, briefly, stated as follows:—Ac...... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....ial particulars of the FIR they are liable to be disbelieved. When the prosecution has a direct or positive case, it must prove the whole of it. Partial affects the credibility of the witness while a complete departure from the FIR case robs of their credibility. 45. I have gone through the exami......me Court High Court Division (Criminal Appellate Jurisdiction) Present: Shahidul Islam J Md. Majedur Rahman………………………………...........Appellant Vs. The State and another ..................................Respondents Judgment June 6, 2011. Cases Refe...... reason to believe that the prosecution hopelessly failed to prove the case beyond doubt and by embellishing the case and making a departure from the FIR case and none-examining the accused appellant properly under section 342 of the Code of Criminal Procedure there has been caused a miscarriage of ......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: ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ......………….Appellant Vs. Ashoke Kumar Das & others…………………Respondent Judgment June 2, 2011. Result: The appeal is disposed of. Words and phrases Formal defect Formal defect includes every kind of defect which is in no way ......ng and must be deemed to connote every kind of defect which does not affect the merit of the case, whether the defect be fatal to the suit or not, rejection of a material document for not having a proper stamp and the erroneous valuation of the subject matter of the suit. Failure of the plaint...... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)
....ule is herby vacated. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in:......Hassan J Chairman, Rajdhani Unnayan Katripakkha, RAJUK Bhaban, RAJUK Avenue, Motijheel, Dhaka-1000.............................Opposite Party-Respondent-Petitioner Vs. Mosammat Rahima Khatun and others.............Petitioners-Respondents-Opposite Parties Judgment June 2, 2011. Lawy...... the learned Joint District Judge and Arbitrator, Dhaka in Arbitration Revision No. 110 of 1992 should not be set aside or pass such other or further order or orders as to this court may seem fit and proper. 2. The facts of the case, in short, are that the present applicants were the owners of a......ule is herby vacated. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in:..Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ......is Case is also Reported in: ......respondents No. 4 shall not be directed to take steps to seal all the sewerage lines linked with river Buriganga and/or pass such other or further order or orders as to this court may seem fit and proper.” 2. Human Rights and Peace for Bangladesh, a non governmental organization has m......ilur Rahman, Advocate with A.B.M. Altaf Hossain, Deputy Attorney General -For the Respondents. Writ Petition No.3676 of 2010. Judgment AHM Shamsuddin Choudhury, J.- The Rule under adjudication, issued on 04.05.2010 was in following terms: “Let a Rule Nisi be issued cal..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... a contract has been concluded with the Contractor and the Procuring Entity. Subsequent thereto a separate contract is executed between the “Contractor” and the “Sub-contractor” in order to complete the contractual works. However, rule 53 provides for appointment of a “Sub-contractor”......ision (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J BGP Inc., China National Petroleum Corporation…...........Petitioner Vs. Bangladesh and others…………...........Respondents Judgment May 29, 2011. Result: The...... CGG Veritas, France, a short listed company is at liberty to file a complaint afresh, if so desires and the respondent no.3 is hereby directed to adjudicate the complaint, if so made, upon giving proper notice to BGP (Bangladesh) International, in accordance with law. With the above obser......ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....the plain language to that effect stating that in clear language that the sponsor shareholders shall not be eligible to participate in electing directors representing public subscribers. Rule 15B (1) completely attached rights to public subscribers to elect only directors representing public subscri......Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......ctors 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 the Court may not interfere with regard to fixation of record date in a......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. ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ...... (Civil Appellate Jurisdiction) Present: Faruque Ahmed J Obaidul Hassan J Manager, Rupali Bank Ltd..........................Plaintiff-Appellant Vs. M/S New Music Corner and another …….......Defendants-Respondents Judgment May 18, 2011. Result T......- as cash credit hypothecation and Tk. 10,00,000/- as cash credit pledge, in all Tk. 12,00,000/- in favour of the plaintiff. The defendant No.2 became the guarantor of the said loan and mortgaged his property mentioned in the schedule of the plaint with the bank by a registered deed. In the sanction......t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
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