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Akhter Hossain (Md.) Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....roup-2 and Inquiry Officer, Customs House, Dhaka and withdraw the suspension order of license. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 82. ......ed the Bill of Entry for clearance of the spare it was presumed that they acted in connivance with the importer in importing the smuggled goods and, hence his license was temporarily suspended in the power conferred under Rule 21 of the customs Agents Licensing Rules, 1986. It is further stated in t...... J Md. Moinul Islam Chowdhury J Akhter Hossain (Md.)…………………………..Petitioner Vs. Bangladesh and others………………………………..Respondents Judgment October 21, 2009. Result: The Rule is made absolute. Lawyers Involved: Manzil Murshid, Adv......roup-2 and Inquiry Officer, Customs House, Dhaka and withdraw the suspension order of license. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 82. ..

Category: Fiscal/Taxation Law | Date: | Hits: 166

Editor, Bangladesh Observer, Dhaka & another Vs. Member, Labour Appellate Tribunal and others, 1998, 27 CLC (HCD)

....ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 606. ...... containing the decision/award of the 4th Wage Board constituted by the Government for Newspaper Employees under the Provisions of section 11 of Act 30 of 1974. In the said award, amongst others, the power, function and duties and responsibilities of the Editor of the newspaper have been defined as ......is Case is also Reported in: 50 DLR (HCD) (1998) 606. ......charged with cost which is assessed at Taka 10,000.00 (taka ten thousand) only. The petitioners are directed to implement the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (..

Category: Labour and Industrial Law | Date: | Hits: 215

Md. Rajib alias Azad Khan Rajib Vs. State, 2011, 40 CLC (HCD)

....r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ......r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ...................Opposite party Judgment January 25, 2011. Result: Rule is made absolute. Lawyers Involved: Harunur Rashid, Advocate- For the petitioner Md. Moniruzzaman, Assistant Attorney General with Kazi Mahmudul Karim, Assistant Attorney General -For the opposite party. &n...... numbering six are on bail. He adds that the witnesses did not disclose the complicity of the petitioner in their statements recorded under section 161 of the Code of Criminal Procedure. So he may be granted bail. 6. The learned Assistant Attorney General appearing for the opposite party opposes ..

Category: Criminal Law | Date: | Hits: 98

Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)

....pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ...... Artha Rin Adalat Ain, 2003 in favour of the opposite party No.1 for possessing or mortgaging or for selling out the property just to realisation of debt. The bank, (opposite party No.1) being so empowered published auction notice through the daily Inquilab dated 23.5.2005 for selling out the mort............................Petitioners Vs. Al-Arafa Islami Bank Ltd. and others ..................Opposite Parties Judgment May 2011. Result: The Rule is made absolute. Cases Referred to- IFIC Bank Ltd. Vs. Manner Fashions Ware Pvt. Ltd. and others, 12 BLC (HCD) 723; Abdus Sattar ......sion of the suit land for a period of 3 months from date. That period of statuesque has been extended subsequently. 3. Facts relevant for disposal of the Rule are that the opposite party No.1 granted a loan of Tk.900000/= (nine) lac in favour of M/S. Jashim Enterprise and another one. As aga..

Category: Civil Law | Date: | Hits: 112

AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)

....es require interference for correction of a manifest illegality of the prevention of a gross miscarriage of justice. The exercise of power under section 439/435 of the Code of Criminal Procedure is discretionary with the High Court. Considering the facts and circumstances of the present case, we a......21. The Role of High Court Division is to see whether things are done rightly. High Court Division by its inherent jurisdiction can impart justice and can also eliminate injustice. This Division is empowered to see whether the charge against the accused petitioner has framed rightly or not under sec......�………….Petitioner Vs. State and another…………………………………Opposite-parties Judgment December 9, 2010. Result: The Rule is made absolute. Cases Referred to- 11 DLR (SC) 394; Reazuddin Ahmed Md. Vs. State and another, 49 DLR (AD) 64 = 1997 BLD (AD) 12......f justice [Reazuddin Ahmed Md. Vs. State and another 49 DLR (AD) 64 = 1997 BLD (AD) 123]. 24. The object of this section is to confer a kind of paternal or supervisory jurisdiction to correct flagrant miscarriage of justice in matters coming up for adjudication before a Criminal Court . The m..

Category: Criminal Law | Date: | Hits: 99

Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)

....ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ......cification treating it as minor deviation. The malafidiry of the Tender evaluation committee is further apparent from their resolution making M/s ELENOS responsive. This bidder which offered only two power module in place of minimum 6 and did not mention VS.W.R. Besides they did not supply certifi......his Case is also Reported in: 64 DLR (HCD) (2012) 7. ......ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ..

Category: Others | Date: | Hits: 127

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......point the learned Attorney‑General referred to the provisions of sections 225 and 227 of the Cr.P.C. as well as sections 8, 9 and 30 of the Evidence Act and further submitted that in exercising its powers of revision under section 439 Cr.P.C. the High Court Division cannot assume the powers of a C......tioner Vs. State, represented by the Deputy Commissioner, Dhaka………………………Opposite Party Judgment June 24, 1997. Result: The Rule is made absolute. Cases Referred to- Queen Vs. Blake, 1844 6 QB 126; 2 BLC (AD) 75; Khondker Maniruzzaman Vs. State, 17 BLD (1997)......re the Chief Metropolitan Magistrate Dhaka in the afternoon of 3‑11‑96 showing her arrested in connection with the arm case being Gulshan P.S. case No.9(11)96. On the prayer of the police the CMM granted 5 days' police remand during which the petitioner was unbearably, physically and mentally to..

Category: Criminal Law | Date: | Hits: 107

Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)

....scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......ut out at this stage before framing of the charge by telling that his remedy lies in a civil suit. 12. It is now well settled that the High Court Division of the Supreme Court has the inherent power to pass any necessary order to prevent abuse of process of any Court or otherwise to secur......��………………Accused-Petitioner Vs. The State and another……………………Opposite Parties Judgment August 3, 2009. Result: The Rule is discharged. Cases Referred to- Khijir Haider and others Vs. The State, 13 MLR (AD) (2008) 157; Nazrul Islam Vs. The State, 1......intention to deceive and that the F.I.R. discloses criminal offence as alleged. As such we find no reason to interfere with the impugned proceedings. In the result, the Rule is discharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Sa..

Category: Criminal Law | Date: | Hits: 108

Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)

....der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......L.J. is thus: “I think that there may well be oppression from the point of view of member-directors where a majority shareholder (that is to say, a shareholder with a preponderance of voting power) proceeds, on the strength of his control, to act contrary to the decisions of, or without the......he same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ...... diminished or removed by contract or otherwise." The conclusion drawn in the Exeter Football Club Ltd. Case is, therefore, that the supervisory powers of a Court as this, including the power to grant relief in a case as this, including the power to grant relief in a case as this, is controlled..

Category: Company Law | Date: | Hits: 177

Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)

....002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ......authority of the petitioner can not pass such an order dismissing the petitioner from the service. Mr. Chowdhury further submits that the appointing authority in no circumstances can delegate the power of dismissing the petitioner from the service to an officer lower in rank than the Board of ...... Officer [PSO] of the River Research Institute, 37, North Road, Dhanmondi, Dhaka 1205…………………………………Petitioner Vs. The River Research Institute represented by the Director General Harukandi, Faridpur District-Faridpur and others………………………………�......002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ..

Category: Employment/Service Law | Date: | Hits: 166

Jahangir Alam Vs. State, 2004, 33 CLC (HCD)

....y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......e dated 30th September 2003, passed by the Acid Aparadh Daman Tribunal No.2, Gazipur, in Acid Aparadh Daman Case No.02 of 2002, arising out of Joydebpur Police Station Case No. 26(8)02. corresponding to G.R. No.812/02 convicting the accused-appellant (convict-prisoner) under Section 5(Kha) of the Ac......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ..

Category: Criminal Law | Date: | Hits: 103

Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)

....ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......he n sent Rule. 3. Syed Badrul Alam, the learned Advocate appearing for the plaintiff‑petitioner, seriously assails the impugned order of the learned Munsif (now Assistant Judge) He submits that power under Order 6 rule 17 of the Code of Civil Procedure is very wide and should be exercised leni......i J Abdus Salam................Appellant Vs. Korban Ali and another..................Respondents Judgment February 19, 1992. Result: The Rule is made absolute. Cases Referred to- MA Jahangir and another Vs. Abdul Makk and others, 41 DLR 389; Nuruddin Ahmed Vs. Zafarullah ......h the trial of the suit after amendment of the plaint as proposed by the plaintiff and with liberty to the defendant‑opposite parties to file additional written statement, if any. The order of stay granted earlier is vacated. Let the records along with a copy of this Judgment and order be sent ..

Category: Civil Law | Date: | Hits: 112

Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)

.... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132. ...... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132. ......of 1998. Judgment AFM Abdur Rahman J.- This Admiralty Suit filed by the plaintiff Mizanur Rahman Khan against the defendant No.1 American Liner Systems, USA, the owner of the Vessel 'MV Vladivostok Senator’ V-747, represented by its Local Agent: Aquamarine Ltd., defendant No.(2) Aquamarine L......the plaintiff and the plaintiff is now residing in USA. He further admitted that he has no personal knowledge about the facts of the case and that he is deposing on the basis of the Power of Attorney granted by the plaintiff. He further stated that the Bills of Lading did not contain the specific de..

Category: Admiralty Law or Maritime Law | Date: | Hits: 693

M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)

....ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ...... as Paltan Police Station Case No.60 dated 28.01.2010 corresponding to G.R. Case No.60 of 2010. The case stated in the First Information Report in short, is that, the informant is an established manpower exporter and carrying on business in the name and style of M/S Winner Overseas. He went to S......an, District-Dhaka.................Accused-Petitioner Vs. The State.......................Opposite party Judgment May 26, 2011. Result: The Rule is made absolute. Cases Referred to- Nazurl Islam Vs. The State, 13 MLR (AD) 157 and 184; Ali Akkas Vs. Enayet Hossain and other......g but an abuse of the process of the court the same is hereby quashed to secure ends of justice. 35. In the result, the rule succeeds. Accordingly, the Rule is made absolute. The order of stay granted at the time of issuance of the rule stands vacated. The proceeding of G.R case No.60 of 2..

Category: Criminal Law | Date: | Hits: 104

Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)

....o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......isdiction) Present: Faruque Ahmed J Wazuddin and others.................................Petitioners Vs. Md. Serajuddin @ Islam and others .............Opposite parties Judgment October 7, 2009. Result: The Rule is made absolute. In a suit for declaration of title and f...... defendant No. 2. The alleged predecessors of the plaintiff had never been in ownership and possession of the disputed land; that the disputed land has been declared Enemy property and the Government granted lease of the disputed land along with other lands to the defendant No.2 in Enemy property Ca..

Category: Property Law | Date: | Hits: 106

S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)

.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......tion of the Indian Supreme Court in the case of Smt., Indira Gandhi V. Rajnarain reported in AIR 1975 (SC) 2299, as follows: "The preamble, though a part of the Constitution is neither a source of power nor a limitation upon that of the ideological aspirations of the peoples."......... 14. T......�…………………….Appellant Vs. Mrs. Fatema Begum………………………………..Respondent Judgment April 26, 2010. Result: The appeal is dismissed. Cases Referred to- Attorney General V. Prince Ernest Augustus, [1957] 1 All ER 49; Powell Vs. Kempton Park Racec...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ..

Category: Property Law | Date: | Hits: 134

People's Republic of Bangladesh Vs. Chairman, Court of Settlement and others, 1996, 25 CLC (HCD)

....on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ......on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ......tlement and others…………………………………………Respondents Judgment June 24, 1996. Result: The Rule is discharged. Lawyers Involved: Kaiseruddin Ahmed, Deputy Attorney‑General with Mir Hashmat Ali, Assistant Attorney‑General ‑ For the Petitioner. Md. D......e petition, affidavit‑in‑opposition and the Annexures annexed hereto. We have found that the original owner of the case land was in Bangladesh althrough and the House Building Finance Corporation granted loan in 1964 and there was permission by the Ministry of Works to transfer the property to t..

Category: Property Law | Date: | Hits: 113

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......licating this petitioner is that she after the search of her house held a press conference wherein she alleged some unfair acts of the police personnel and also alleged something against the party in power and she also announced that she will hold another press conference on 3‑11‑96 and to frust......�………………………….Petitioner Vs. State……………………………….Opposite Party Judgment March 23, 1997. Result: The Rule is made absolute. Cases Referred to- Lutfun Nahar Begum Vs. State, 27 DLR (AD) 29; Amir Hossain Howlader & ors Vs. the State, ......S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ..

Category: Criminal Law | Date: | Hits: 82

Subhra Nandi Majumder Vs. Amar Prasad Bhattacharjee and others, 1997, 26 CLC (HCD)

....harged. In the result, the Rule is discharged without any order as to costs, The order of stay granted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ......harged. In the result, the Rule is discharged without any order as to costs, The order of stay granted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ......Petitioner Vs. Amar Prasad Bhattacharjee and others…………………………………Opposite Parties Judgment March 4, 1997. Result: The Rule is discharged. Cases Referred to- Subhra Nandi Majumder Vs. Official Liquidator, Mahaluxmi Bank Ltd. and others, 1987 BLD 244; ......yana Kena Roona Meyappa Chetty Vs. Soon Navena Supramanian Chetty). It is quoted: "It is quite clear that an executor derives his title and authority from the will of his testator and not from any grant of probate." 5. A reference has further been made in the aforesaid decision in the case of ..

Category: Civil Law | Date: | Hits: 117

Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)

....n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......ding arrived at by the lower appellate Court which is a final Court of fact cannot be interfered by the High Court in it's jurisdiction under sections 100 and 115 of the C.P.C. i.e. in exercising the power in appeal as well as revision. In the present case the fact arrived at by the lower appellate ...............................Appellant Vs. Shubhadra Bachar & others..........................Respondent Judgment March 23, 1983. Result: The appeal is dismissed. Cases Referred to- 29 DLR pages 6 and 239; 21 DLR, page 673; 17 DLR page 729, 28 DLR page 421, 29 DLR (SC) 268; ......n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ..

Category: Procedural Law | Date: | Hits: 81

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