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....The order of statue quo granted by this Court stands vacated.
The office is directed to send the lower Court's record.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 231.
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5. The opposite-party instituted Title Suit No.128 of 1999 in the Court of learned Assistant Judge, 6th Court, Dhaka..
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......der section 26(1) of the Anti-Corruption Commission Act, 2004 and, as such, the rule may be made absolute. 8. Mr. Mahbubey Alam, learned Attorney-General appearing on behalf of the opposite-party No.1 (State), submits that on the direction of the Appellate Division to make disposal of the ..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Mirza Abbas Vs. State, 2012, 41 CLC (HCD)
....earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ......earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ..Category: Criminal Law | Date: 4 Oct, 2012 | Hits: 7
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)
....arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ......ts this is an old case of 1996, we are inclined to take it up for disposal on merit considering the materials on record. 8. The learned Assistant Attorney-General appearing for the opposite-party opposes the Rule and submits that as the title suit filed later of the criminal case was alrea..Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9
Kamal Vs. State, 2012, 41 CLC (HCD)
....wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ......ellaneous Case No.26741 of 2009. Judgment Md. Abu Zafor Siddique J. - On an application under section 561A of the Code of Criminal Procedure and a rule was issued calling upon the opposite-party to show cause as to why the judgment and order of conviction and sentence dated 6-3-2008 passe..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......appears from the rule issuing order as well as the prayer of the writ petition that the petitioner company did not challenge any action of the respondent No.8 (NBR). Despite the fact, petitioner made party the NBR as respondent No.8 for reason best known to them. 35. There is provision to ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
.... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
......er instituted a Title Suit being No.455 of 1978 in the Court of learned Senior Assistant Judge, Narail Sadar for declaration that the order dated 12.04.1978 passed by the defendant-appellant-opposite party no.1 vide Memo No.74-11/4D-1/77 dated 12.04.1978 is illegal, without jurisdiction, ineffective..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....11 and the subsequent correspondences between BTCL and NETAS, that the main grounds for rejection of the application of NETAS was an ambiguity as to the identity of the latter as well as some alleged defects in the papers supplied by the proposed sub-contractors of NETAS inasmuch as, no objection ha......JICA and the Borrower, who is responsible for the procurement of goods and services. No provision of these guidelines shall be construed as creating any right or obligation between JICA and any third party, including those bidding for the procurement of goods and services. The rights and obligations..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......uperior officers on various occasions. The petitioners made several representations to the higher authorities without success. In the above circumstances, the respective petitioner as first party filed the IRO cases mentioned hereinbefore before the Third Labour Court, Dhaka under section ..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ...... to use his BO account for acquiring 61,700 number of shares under the pre-placement arrangement approved by the SEC, vide Annexure C and B. In the said MoU it has also by the recorded that the first party (respondent No. 3) has agreed that all shares in future will be transacted at the instruction ..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
.... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ......recourse to the provisions of Order XLI of rule 27 of the Code of Civil Procedure although the first appeal had remained pending since 1992. Purpose of remand of a suit cannot be to give premium to a party, here the defendant who is guilty of laches and negligence and thus to fill up the lacuna of h..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......ot supported by P.Ws.7, 16 and 20, and therefore, no reliance can be attached to P.Ws. 7, 16, 20; that if the story introduced by P W 32 regarding the threat of Jibran by Titu on the alleged birthday party of P.W. 16 is taken as true, it is quite natural that she (P.W. 32) would have intimated this ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....victims. The appeals are, therefore, allowed without any order as to costs with the above observaÂtions. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......the fitness of the person invoking the discreÂtionary jurisdiction. 2. The Court which considering the question of bona fide in a particular case will have to decide as to why the affected party has not come before it and if it finds no satisfactory reason for non-appearance of such affe..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ...... 11. Mr. Abul Kalam Mainuddin, the learned Advocate after coming to understand that no prayer for benami declaration was prayed for in the plaint made a prayer to this Court to allow the opposite-party an opportunity to come up with a prayer for amendment of plaint only incorporating a prayer fo..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......ontract or its interpretation (b) If the Parties are unable to reach a settlement as per Article 19.2 (a) within 28 days of the first written correspondence on the matter of disagreement, then either party may give notice to the other party of its intention to commence arbitration in accordance..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....omena and illicit connection with Momena was brought in the light of prosecution case and thus there is embellishment of the prosecution case. Furthermore the charge as has been framed is highly defective and such defect is always goes in favour of the accused-appellant. In support of his conte......other of the victim, which is not a correct First Information Report. He further submits that the instant First Information Report was procured by the police on the influence of the present informant party as the victim was the brother of the present informant P.W.1. He further submits that earlier ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
....lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
......e consequences thereof, the said provision is directory one.
10. In Habibur Rahman Molla Vs. State reported in 61 DLR 1 one of the Benches of this Division has observed (in which one of us was a party), inter-alia,
“We are of the opinion that since consequence has not been given u..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
....f the case that petitioner was always prosecuting with due diligence another civil proceeding with the same cause of action. The wording in section 14 of the Limitation act is not only 'from defect of jurisdiction' but also "or other cause of a like nature" The case in ha......ot; 5. Section 5 and 14 of the Limitation Act are for condonation of delay. Condonation means pardon or forgiveness and in too generous over look. It is implicated to give a defaulting party to knock the door of Justice if the offence of not moving the court in time explained sat..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
....is acquitted from the charges brought against him.
The Rule is disposed of accordingly.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 237
......h was found to be an interference with the proper administration of justice by the High Court. The Supreme Court also observed that, the Government of Pakistan was extremely ill-advised in becoming a party to the contempt proceedings (drawn against Mr. Snilson) and identifying itself with the appell..
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
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