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Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....-General (with ASM Nazmul Haque, Deputy Attorney-General), instructed by Md. Shamsul Alam, Advocate-on-Record-For the Respondent. Criminal Appeal No. 40 of 2008. (From the judgment and order dated 10-5-2006 passed by the High Court Division in Criminal Appeal No.4775 of 2003) Judgment ......is not their duty to find that there was no conceivable possibility other than the conclusion which they reach, It is not possible for reasonable men to conduct the affairs of life or make judicial decisions on questions of fact with mathematical certainty" Reilly, J. observed: "An accused p..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... Enquiry Committee formed by the Securities and Exchange Commission to enquire into the matter under Section 21 of the Securities and Exchange Ordinance, 1969. 4. According to the enquiry report dated 27-3-1997 the accused-persons being dealer/broker committed offence described in section 17 of...... 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
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....tes—For Respondents. First Appeal No.153 of 2001. Judgment Nozrul Islam Chowdhury J.- This appeal at the instance of defendant Nos.4-6 is directed against the judgment and decree dated 28-3-2000 passed by the Sub-ordinate Judge, now Joint District Judge and Artha Rin Adalat, Syl......proved, therefore, findings arrived at by the trial Court is no doubt a gratuitous one which is not at all sustainable in law. In this connection Mr. Abdus Salam Mondal has rightly referred to a decision in a case where such a principle of law was laid down by our apex Court in the case of Moha..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....inal 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 passed by learned Judge of Tribunal, in Nari-o-Shishu Nirjatan Daman Tribunal Case n......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)
....Judgment Obaidul Hasan J.- This appeal has been preferred by the appellant under section 10 of the Criminal Law Amendment Act, 1958 against the Judgment and order of conviction and sentence dated 13-5-2007 passed by the learned Senior Special Judge, Feni in Special Case No.1 of 2007 convic...... the date of issuance of the notice for submitting wealth statement there was no any existence of Commission, the notice was served under the signature of the Secretary of the Commission. In the said decision it has also been held that "Satisfaction must be of the Commission itself constituted ..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....sions Judge, Meherpur for confirmation of sentence of death awarded by him upon the accused Rustom, Rahman and Enamul convicting them under sections 302/34 of the Penal Code by the judgment and order dated 6-2-2006 passed in Session Case No.65 of 2001. Criminal Appeal No.1962 of 2011 and Jail Appeal......ust be reflected in the FIR if they are not dissuaded or dislodged by any quarter or at least that would be disclosed to others immediately after occurrence. 39. Thus having regards to the above decisions it appears to us that P.Ws. 2, 3, 4 and 5 claimed to have seen the occurrence staying in t..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
.... Md. Zohirul Islam, Advocate-on-Record—For the Respondent No.3. None Represented—For the Respondent Nos. 2 & 4. Civil Appeal No.279 of 2010. (From the judgment and order dated 20-5-2010 passed by the High Court Division in Writ Petition No.8100 of 2009) Judgment ...... Division by various statutes……………………………………….(62 & 63) Doctrine of legitimate expectation (1) The doctrine of legitimate expectation may arise where the decision of administrative authority affect a person either by altering rights or obligations of ..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....cord-For the Appellant. Md. Israfil Hossain, Advocate instructed by Mrs. Sufia Khatun, Advocate-on- Record-For Respondent. Civil Appeal No.28 of 2005. (From the judgment and order dated 15th July, 2002 passed by the High Court Division in Civil Revision No.4631 of 1998). Ju......agent shall be sufficient. The learned Judge further held that knowledge of the brother does not mean the knowledge of the petitioners. 13. The learned Judge of the single Bench relied upon a decision of this Division given in the case of Abdul Rashid and another Vs. Abdur Barek and other,..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....essions Judge, 8th Court, Dhaka for confirmation of sentence of death awarded by him upon accused Matiur Rahman alias Mati convicting him under section 302 of the Penal Code by the judgment and order dated 5-2-2006 passed in Session Case No.276 of 2000. 2. The prosecution case, as projected in ......s. His such fantabulous and marvellous evidence appears to be free from doubt and falsity. So, the trial court rightly relied on the evidence of P.W.1. 32. The preponderant view emerged from the decision of the cases, Abdul Quddus Vs. State, 43 DLR (AD) 234, Abdul Hai Sikder Vs. State 12 BLD (A..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....05 Judgment Md. Mizanur Rahman Bhuiyan J.- The petitioner obtained this Rule by filing an application under section 115(1) of the Code of Civil Procedure challenging the Judgment and decree dated 22-2-2005 and 28-2-2005 respectively passed by Additional District Judge, 2nd Court, Gazipur i......gment of concerned revenue officer dated 6-11-1968 and thereafter the government did not prefer any appeal or take any legal step in the higher forum meaning thereby government accepted the aforesaid decision of the revenue officer. Another important matter also avoided by the Appellate Court in his..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ts. And on 19-10-2005 the Respondent Bank communicated a copy of the resolution to the petitioner. The petitioner company in turn accepted the proposals and informed the Bank addressing a letter dated 19-10-2005. After receiving the acceptance of the decision of the Board meeting Respondent ......? The resolution taken by the Board of Directors of any Bank does not have the binding force of law and is enforceable by the High Court Division for a number of reasons. Firstly, because the decision that was taken did not reach finality for want of approval of the Ministry of Finance. Sec..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
....al Appeal No. 8124 of 2009. Judgment Md. Ruhul Quddus, J.- This appeal at the instance of a complainant is preferred under section 28 of the Nari-o-Shishu Nirjatan Damon Ain, 2000 against order dated 2.11.2009 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Narshingdi in Nari-o-Shishu Nir......der dated 26.10.2009 directed the complainant to appear before the Tribunal on 2.11.2009 along with the judicial witnesses, it was incumbent upon the Tribunal to examine the said witnesses and pass a decision on the naraji petition. Without doing so, the learned Judge accepted the enquiry report fur..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....dent Nos.3-5 (In Civil Appeal No.68 of 2006). None Represented—For Respondent Nos.6-8 (In Civil Appeal No.68 of 2006). Civil Appeal Nos.67-68 of 2006. (From the judgment and order dated 30-6-2003 passed by the High Court Division in Civil Revision Nos.2178 and 2179 of 1991). ......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
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....Act, 1947, inter alia, that the accused-persons collusively showing a false and fictitious name of Lablu Miah, the owner of Ahmed Enterprise, Manikganj Bazar, Manikganj opened a false account No.1558 dated 14-1-1985 and at the time of opening the account the said Labu Miah was identified in the acco...... 8. Ms. Nahid Mahtab, the learned Counsel appearing on behalf of the Anti-Corruption Commission with the leave of this Division on the other hand opposes the Rule on preliminary ground. Basing on the decision reported in the case of Abdul Haque Vs. State reported in 60 DLR (AD) 1 she submits th..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
....r thePetitioner.
S.M.Monir - For the Respondent No.6.
Writ petition No.1636 of 2011.
Judgment
Md. Enayetur Rahim J.- The writ petitioner obtained the present Rule on 6-4-2011challenging the memo dated 17-2-2011 issued by the respondent No.2 cancellingthe schedule declared on 25-1-2011 by the re......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.
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Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
....r section 561A of the Code of Criminal Procedure was issued upon the opposite parties to show cause as to why the proceedings of Sessions case No.215 of 2009 arising out of CR case No.406/8 (Naogaon) dated 28-8-2008 under section 138 of the Negotiable Instruments Act, now pending in the Court of Ses......will be decided in the trial Court. We find support of the above view in the case of Nizamuddin Vs. Abdul Hamid reported in 60 DLR (AD) 145. 16. In this connection we may also profitably refer the decision in the case of Ali Akkas Vs. Enayet Hossain reported in 17 BLD (AD) 44 = 2BLC (AD) 16 where..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....odity International, while the ship Manager of the vessel M. V. ACCORD, appointed the plaintiffs of the instant suits in the employment of the vessel M. V. ACCORD under a written employment agreement dated 2.12.1999 for a period of service of one year from the date of employment, to be expired on 1.......The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ..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)
....o.5778 of 2011. Judgment Sheikh Hassan Arif J.- Rule was issued calling upon the respondents to show cause as to why the order as contained in Memo No.BTRC/LL/Operators Audit (371)72011-330 dated 26-5-2011 (Annexure-M) issued by the Bangladesh Telecommunication Regulatory Commission (BTRC)......1)72011-330 dated 26-5-2011 (Annexure-M) issued by the Bangladesh Telecommunication Regulatory Commission (BTRC) (respondent No.2) under the signature of the respondent No.8 refusing to implement the decision/verdict of the Review Panel-01 dated 8-5-2011 (Annexure-I) regarding appointment of Charter..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)
....te, instructed by Md. Zahirul Islam Advocate-on-Record—For the Respondent No.1. Not represented-For the Respondent No.2. Civil Appeal No. 184 of 2009. (From the judgment and order dated 5th June, 2008 passed by the High Court Division in Writ Petition No.9289 of 2007). Judgm......h meeting the circular dated 11.08.1966 providing for one-step-out-of-turn promotion on obtaining a Bachelor degree/AMIE was suspended but at the 162nd Board meeting of DESA held on 26.11.2000, the decision of the 28th meeting was held in abeyance while according approval of one-step-out-of-turn p..Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
....ented- respondent No.2. Criminal Appeal No. 8196 of 2008. Judgment Md. Ruhul Quddus J.- This appeal under section 28 of the Nari-o-Shishu Nirjatan Damon Ain, 2000 is preferred against order dated 9.11.2008 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Jamalpur in Nari-o-Shishu Nirja......t No.6451 of 2008 would affect the result of the instant Nari-o-Shishu Nirjatan Damon Case as the genuinity and validity of the ‘kabinnama’ is to be decided in those cases. If, in the said cases, decisions come in favour of appellant No.1, it will destroy the foundation of the instant Nario-Shis..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
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