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Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
....te. Criminal Appeal No. 636 of 1995. Judgment Md. Hassan Ameen J.- This Criminal appeal, at the instance of sole accused-appellant Md. Dulal Mia, is directed against the judgment and order, dated 30‑3‑1995, passed by the learned Sessions Judge, Netrakona, convicting the appellant under......of the prosecution witnesses, impugned judgment and other material papers/documents as available in paper-book and submits that this is a case of no evidence, but the learned trial Court arrived at a decision on guess and sun‑rise. He further submits that the learned trial Court failed to consider..Category: Criminal Law | Date: | Hits: 88
Sirajul Islam @ Siraj and another Vs. State, 2003, 32 CLC (HCD)
....2000, even though the Director General, Department of Environment (DG, DoE) has designated the Assistant Commissioner of Police for that purpose by issuing a notification No. পরিবেশ /1006 dated 4‑5‑2002 under that section. Secondly, the said reporting officer is not a 'পরি...... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ..Category: Environmental Law | Date: | Hits: 414
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....legal. 3. In the plaint it is averred that defendant No. 6, Vitessee Trading (LLC) placed a purchase order for supply of ready‑made garments for an amount of US$ 1,00,000 vide a letter of credit dated 6‑2‑2001. After said letter of credit was transferred to the plaintiff, the plaintiff open......ook us through Articles 3, 4 and 9 of the Uniform Customs and Practice for Documentary Credit, ICC 500 as of January 1, 1994 and submitted that after acceptance of the documents and communicating its decision to pay on the date of maturity, the petitioner bank was obliged to pay. 22. In support, ..Category: Civil Law | Date: | Hits: 100
Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)
....ate-For Opposite Party No. 2. Civil Revision No. 2517 of 2001. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the Opposite Parties to show cause as to why the impugned order dated 8‑2‑2000 and 10‑2‑2000 respectively passed by the Assistant Judge, 5th Additional Cour...... Title Suit No. 238 of 2000 now pending in the Court of the 4th Additional Assistant Judge, Dhaka is vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ..Category: Tenancy Law | Date: | Hits: 171
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....dul Islam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1 Not represented- Respondent Nos. 2-6. Civil Appeal No. 43 of 2006. (From the judgment and order dated 31.07.2004 and 03.06.2008 passed by the High Court Division in Civil Revision No. 3942 of 1991......as a contract of personal service and incapable of being specifically enforced and consequently, the plaintiffs suit ought to have been dismissed by the Courts below having regard to several reported decisions of this Court cited in the case, which are binding on the Court below, including the High ..Category: Employment/Service Law | Date: | Hits: 95
Quazi Faruque Ahmed Vs. M. A. Wadud and others, 2010, 39 CLC (AD)
....ucted by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos.1-4. Not Represented-Respondent Nos.5-7. Civil Petition for Leave to Appeal No.1697 of 2009. (From the judgment and order dated 11.8.2009 passed by the High Court Division in Civil Revision No. 2323 of 2009.) Judgment ...... of 2009 making the rule absolute in part. 2. Facts relevant for the disposal of this petition are that the petitioner instituted Title Suit No. 302 of 2009 seeking declaration that any meeting or decision taken on any date including on 24th May, 2009 removing him from the office of Chairman of t..Category: Civil Law | Date: | Hits: 75
Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)
....- For the Appellants. Mohammad Nazrul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent. Civil Appeal No. 361 of 2003. (From the judgment and order dated 20.4.2002 passed by the Administrative Appellate Tribunal in Appeal No. 22 of 1999.) Judgme......, memo dated 31st December, 1996 directed the concerned authority to supply the service book, if preserved, along with the particulars of the respondent during tenure in service. Without awaiting any decision of the authority the respondent instituted a petition under section 4(2) of the Administrat..Category: Administrative Law | Date: | Hits: 229
Karam Ali Vs. State, 2001, 30 CLC (HCD)
....ment July 5, 2001. Result: The appeal is dismissed. Criminal Jail Appeal No. 1192 of 1995. Judgment Gour Gopal Saha J. - This jail appeal is directed against the judgment and order dated 30-4-95 passed by the 2nd Assistant Sessions Judge, Narayanganj in Sessions Case No. 7 of 1994......ormation report, the charge framed against the accused appellant at the trial, the evidence of the witnesses examined by the prosecution as well as the impugned judgment. 9. To arrive at a correct decision in the case, it will be appropriate for us to consider the material evidence on record. ..Category: Criminal Law | Date: | Hits: 97
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....dure arose out of the impugned judgment and decree passed by Mr. M. Zafar Ahmed Mina, the Additional District Judge, 5th Court, Dhaka in Title Appeal No. 457 of 1990, affirming the judgment and order dated 6-11-1990 passed by Assistant Judge, 6th Court, Dhaka in Title Suit No. 147 of 1990, rejecting......cation of defendant No. I which is not within the scope of Order VII rule 11 of the Code of Civil Procedure and thereby both the Courts below committed grave error of law resulting in an error in the decision occasioning failure of justice; that both the Courts below failed to weigh the nature and c..Category: Trust/Waqf Law | Date: | Hits: 187
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
....Hossain). FKMA Mahbub, Assistant Attorney-General- For the Respondent. Criminal Appeal No. 948 of 1996. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 8-7-1996 passed by the Division Special Case No.60 of 1994 convicting accused-appellants Md. A......mination 12. The only point for determination in the appeal is, whether the learned Divisional Special Judge was justified in passing the impugned order of conviction and sentence. Findings and decision 13. To appreciate the points raised by the learned Advocate for the contending parties, ..Category: Criminal Law | Date: | Hits: 40
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
....rt. He has pointed out that the petitioners made application for certified copies of the statements on 2-2-99 and received the certified copies on 19-4-99 but during this period in spite of the order dated 21-3-99 passed by the learned Metropolitan Sessions Judge for producing the statements in the ......tnesses. This question is purely a question of fact. However, as the Rule was issued to ascertain the truth or otherwise of the allegation, some discussion is necessary on this point. Two arrive at a decision on this point, the state was directed to produce the original statements before the Court a..Category: Criminal Law | Date: | Hits: 45
Nur Hossain (Md) Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....e Daily Ittefaq that those acquisitioned lands which are left unused and patit shall be returned to their original owners and Mr. Khandaker Asaduzzaman wrote to the Secretary vide letter DA 72/84/574 dated 30-8-1994 stating, inter alia, that most of the unused fallow land cannot be left unused under......from the Deputy Commissioner in respect of the prayer of the petitioner. 11. Thus it appears that there is nothing on record that any report was submitted to the Ministry and the Ministry took any decision in respect of the prayer for releasing of the land in question in favour of the petitioner...Category: Property Law | Date: | Hits: 28
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....pellant. AQ Rashid Ahmed, Assistant Attorney-General—For the State. Criminal Appeal No.1811 of 1995. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 19-7-95 by the Sessions Judge, Feni in Sessions Case No. 24 of 1994 convicting accused appella......point for determination in the appeal is whether the learned Sessions Judge was justified in convicting and sentencing accused appellant Md. Salim under section 302 of the Penal Code. Findings and decision: To appreciate the contentions raised by the learned Advocates of the contending parties..Category: Criminal Law | Date: | Hits: 53
Dhaka Leather Company Ltd. Vs. Sikder Construction Ltd. and another, 2001, 30 CLC (HCD)
....Petitioner. Enayetur Rahim, Advocate—For Opposite Party No. 1. Civil Revision No. 3643 of 2000. Judgment Md. Abdur Rashid J. - This Rule was obtained by defendant No. 1 against an order dated 18-6-2000 of the Fifth Court of Subordinate Judge at Dhaka in Title Suit No. 158 of 1999, whic......in Court for making the same a Rule of the Court and a judgment thereupon and the application under Order VII rule 11 of the Code for rejecting such application is totally misconceived. Defending the decision of the learned Subordinate Judge, he also submits that the petitioner earlier made an appli..Category: Procedural Law | Date: | Hits: 69
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
.... Chowdhury with Fedaushi Shorab, Advocates—For Opposite-Party No. 1. Civil Revision No. 2250 of 1999. Judgment Md. Tafazzul Islam J. - This Rule is directed against the judgment and decree dated 25-3-99 passed by the learned Second Subordinate Judge, Artha Rin/ Commercial Court, Dhaka in ......e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ..Category: Property Law | Date: | Hits: 32
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
....sion No. 2467 of 2000. Judgment Md. Abdur Rashid J.- This Rule was obtained by the plaintiff upon making a revision application under section 115 of the Code of Civil Procedure against an order dated 8-5-2000 passed by Subordinate Judge, 2nd Court at Noakhali in Title Suit No. 2 of 2000 which ......iff is entitled to a decree upon such contract. In such a suit of the petitioner, opposite party No. 1 has got no locus standi to be added nor his presence is necessary. In support he relied upon the decision in the case of Golam Kader Vs. Abdul Khaleque Choukder and others reported in 43 DLR (AD) 1..Category: Property Law | Date: | Hits: 31
Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)
.... Kazi A T Manowaruddin J. - This Rule under Article 102 of the Constitution of the Peoples Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned order dated 19-3-94 passed by the respondent No.1 the Chairman, Khulna Labour Court, in IRO case No.5 of 1...... provision of Industrial Relations Ordinance the Labour Court had no jurisdiction to determine what was the date of birth of the respondent No. 2 as it was purely a question of fact and referred to a decision, the case of Chairman, Power Development Board and others Vs. Chairman, Labour Court, Khuln..Category: Labour and Industrial Law | Date: | Hits: 117
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....Safar Ali and Mozammel Hossain, Advocate—For the Opposite Parties. Civil Revision No. 2046 of 1998. Judgment Md. Iftikhar Rasool J. - This Rule is directed against the judgment and decree dated 31-5-1998 passed by the Additional District Judge, Narsingdi in Title Appeal No.3 of 1998 allo......al though run by the factory management by no stretch of imagination can be called “Workers” or “Workman” as defined in the aforesaid 2 clauses. In support of this contention he refers to the decision reported in 18 DLR 299 in the case of Abu Bakkar Siddique Vs. Province of East Pakistan to ..Category: Labour and Industrial Law | Date: | Hits: 99
....s Bench is disposing of this transferred suit by the order of the learned Chief Justice under the following facts and circumstances:
2. Plaintiffs case after being amended and allowed by the order dated 21-3-95 briefly, is this. Plaintiff is a registered co-operative society. The Society is the o......led to a decree for mandatory injunction directing the defendant Nos. 1-5(ka) to restore and keep the suit land as car park?
5. To what relief, if any, the plaintiff is entitled?
Discussion and decision
Issue Nos. 1 and 2:
9. These two issues are taken up together as they are inter-relat..
Category: Property Law | Date: | Hits: 72
Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)
.... No. 1899 of 1995. Judgment Md. Abdus Salam J. - In this civil Revision a Rule was issued calling upon the opposite party Arati Acharjya to show cause as to why the impugned judgment and decree dated 15-2-1995 and 22-2-1995 respectively passed by Mr. Hasan Shaheed Ferdous, learned Subordinate ......d mainly on the grounds that the judgments and decrees of both the Courts below are not on the basis of legal evidence on record and both Courts below committed error of law resulting an error in the decision occasioning failure of justice, that the trial court misread and misconstrued the evidence ..Category: Family Law | Date: | Hits: 186
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