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Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
....here be any decree passed, that cannot be executed and no Court can pass a decree which is unexecutable. 3rd party petitioner has to be added as necessary party 3rd party petitioner has two legal arms for addition of party, one, implead by inheritance and another by way of added as party i......ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....l proceedings against an accused person may amount to an abuse of the process of the Court or when the quashing of the impugned proceedings would secure the ends of justice; (c) Where there is a legal bar against institution or continuance of a criminal case against an accused person; (d) ......er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....e writ-petitioners could not rely upon those communications for enforcement of their right of getting the status of Second Class Gazetted Officers, but the High Court Division failed to consider this legal aspect of the case and thus erred in law in making the Rule absolute declaring the writ-petiti......l No.5 describing them as Officers (i.e. Savings Officers). 4. Further case of the writ-petitioners was that although they were recruited under the Recruitment Rules, 1979, they were not given the status of Second Class Gazetted Officers, which was likely to affect their future prospect and benef..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....s and tendered one witness. 4. Mr. Nurul Islam Sujan, learned counsel appearing for the appellants assailed the judgment mainly on the ground that the conviction of the appellants is based upon no legal evidence on record. On the other hand, Mr. MK Rahman, learned Additional Attorney-General supp......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
....n 17(e) (ii) (iv) of the Securities and exchange Ordinance, 1969 and there being no documents in the case to proceed against the accused-petitioners, the framing of charge against the petitioner is illegal and they are entitled to be discharged from the case. She further submits that even if the all...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....), for confirmation of death sentence of contemned-prisoner. 2. By the Criminal Appeal No.2022 of 2006 (Jail Appeal No.341 of 2006) the appellant Md. Hasibul Hasan alias Loton has challenged the legality and propriety of the Judgment and order of conviction and sentence dated 17-4-2006 pass......led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....eported in 62 DLR (AD) 290 is applicable in this case. But he draw the attention of his Court to the paragraph-46 of the said decision where it has been held by their Lordships that "however, no legal impediment for the Commission to issue fresh notice under section 26 of the Act, if so advised......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....t the prosecution case has been able to prove the charge against the accused. But the findings and decision of the Court below appears to be faulty which is not based on the correct assessment of the legal evidence on record. It is the general human conduct that whenever the kith and kin find somebo......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ence to the appellants but issued two NOCs and frequency allocation letters subject to fulfillment of certain conditions stated therein (Annexures-D & H respectively). After fulfillment of all legal requirements i.e. all terms and conditions of the frequency allocation letter by the appellan......ing its truth. This doctrine has been enunciated by Denning, J as his Lordship then was in the case of Central London Property Trust Limited Vs. High Trees House Limited (1947) KB 130. The precise status of the doctrine was a subject matter of much speculation but Lord Hailsham, LC in the case o..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....an Building (Construction, Development, preservation and Eviction) Rules 2008, in case of construction near Lalbagh Fort should not be declared to have been done without lawful authority and of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and pr......tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... appellate Court being a final Court of fact passed his judgment without error on considering the materials on record, law, fact and sifting the evidence both oral and documentary setting-aside the illegal judgment of the Trial Court occasioning no failure of justice. In course of his argument the l......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....as by that way a group of people would have been blessed with unjust enrichment at the cost of public money. And finally, resolution of a Bank, if any, does not bind the other respondents with any legal obligation to do a duty so that may be directed to do the act as prayed for…………….(1......ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....ty is not clear to us- the plaintiffs did not give any explanation in this regard. Taking these facts into consideration the question is whether the findings of the court of appeal below have been legally interfered with by the High Court Division exercising its revisional jurisdiction. 6. ......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....mutation proceeding, there was no bar under section 195(1)(c) of the Code of Criminal Procedure in taking cognazance. Thus, the contention of the accused-petitioner has no substance. In view of above legal position, we are of the view that the Rule has no substance and the same should be discharged.......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
Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
....214308, Bank Asia Ltd. Scotia Branch, Dhaka; that the said cheque was presented before the bank on 7-7-2008 but it was dishonoured for insufficient of fund that the bank through its Penal Lawyer sent legal notice on 20-7-2008 which was received on 27-7-2008 and that the specific period of 30 days gi...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....and from the date of employment. The vessel commenced journey from the port of Singapore till it reached Bangladesh on 6.4.2000 in order to discharge cargo of 7000 M.T. of Cement Clinker, whereupon a legal dispute arose in between the importer of the cement clinker and the carrier for which a legal ......d Advocate Mr. M. Moksadul Islam filed wokalatnama on 12.6.2004 on behalf of the defendant Nos.1 and 2 Mr. Sundorow Lyong and Mr. Anwar Hossain respectively. Although nothing have been said about the status of the defendant No.4 in the written statement filed by the defendant Nos.1, 2 and 3 yet the ..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....ion System Audit of the Telecom Operators in Bangladesh and appointment of respondent Nos.10-12 as the Information System Auditors should not be declared to be without lawful authority and of no legal effect and as to why the respondent Nos. 2-4 should not be directed to implement the said deci......countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)
....mally applied to DESA for considering him for one-step-out-of-turn promotion. But his prayer was not granted nor was he told about the outcome of his prayer. On 28.8.07 the writ petitioner served a legal notice upon the writ respondents through his learned Advocate, but it yielded no result. ......not call for any interference by this Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ..Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... on three grounds, firstly, that the writ petitions are not maintainable since the writ petitioners have alternative remedy, secondly, as the writ petitioners are fugitive from justice they are not legally entitled to any relief from the Court and thirdly, interference of the proceedings by the......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39