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SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......fficient to honour of the cheque as envisaged in section 138 of the Act. Of course this is a rebuttable presumption. The defence can be considered at the time of holding trial and not in an application under section 561 A of the Code.......(22) Cases Referred to- Arif-uz-Zaman Vs..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
......h;For the Petitioner.
Md. Hefzul Bari with Khalifa Shamsun Nahar, Advocate—For the Respondent Nos. 1 and 2.
Writ Petition No. 5841 of 2010.
Judgment
Mahmudul Haque J.- On an application under Article 102 of the Constitution of Bangladesh this Rule has been issued at th..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....n of that earlier episode of disciplinary action taken against the petitioner. In other words, given that there has been a flagrant disregard of the 1997 Rules and the 2009 Regulations in initiating afresh the requisite vetting process and securing final approval by the board, there is therefor......r Advocate and Rokanuddin Mahmud, Senior Advocate, Amici Curiae Israt Jahan, AAG—For the Respondents. Writ Petition No. 3178 of 2011. Judgment Syed Refaat Ahmed J.— In this application under Article 102 of the Constitution a Rule Nisi was issued tailing upon the respondent..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ...... the High Court Division in Criminal Revision No.348 of 2012 discharging the Rule. 2. Facts necessary for disposal of this petition are that the accused, petitioner herein, filed a revision application before the High Court Division under section 439 read with section 435 of the Code of Cr..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......08 disallowing the appeal and thereby affirmed the judgment and order dated 28-1-2008 passed by the learned Senior Assistant Judge, Pabna Sadar, Pabna in Other Class Suit No.51 of 2007 rejecting the, application for temporary injunction under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)
....appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ......tition Nos.8079 of 2010 and 9063 of 2010 respectively making the Rules absolute. 3. From the impugned judgment and order in Civil Petition for Leave Appeal No.1923 of 2012, it appears that on an application under article 102 of the Constitution filed by the writ-petitioner-respondents, herein (..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
....no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
......e and get adjudicated the same in accordance with the provisions of the VAT Act. But they cannot adjust any disputed amount, which was never adjudicated under section 55 of the VAT Act.
When the application for cancellation of the VAT registration was filed under section 19(1) of the Act, it wa..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......rative Tribunal Case No. 203 of 1992 was that the Bangladesh Public Service (First) Commission through its notification 4 dated 23-6-1972 published in the Official Gazette dated 6-7-1972 invited applications from freedom fighters for recruitment of 350 officers through Special Superior Service ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......accused-Ambassador brought Jewel to Abu Dhabi from Bangladesh and told him (P.W.4) to provide him with an appointment letter of gardener; but he told the accused-Ambassador that they required an application from Jewel, but even then, the accused-Ambassador insisted on the appointment of Je..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......uncil of Civil Service Unions Vs. Minister for the Civil Services ('GCHQ'), 3 All. E.R. 935; R Vs. North and East Devon Health Authority exp Coughlan [2001] QB 213, at paragraph 57; R (on the application of Nadarajah) and Abdi Vs. Secretary of State for the Home Department, [2005] EWCA Civ 2..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......uncil of Civil Service Unions Vs. Minister for the Civil Services ('GCHQ'), 3 All. E.R. 935; R Vs. North and East Devon Health Authority exp Coughlan [2001] QB 213, at paragraph 57; R (on the application of Nadarajah) and Abdi Vs. Secretary of State for the Home Department, [2005] EWCA Civ 2..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......s to be presumed unless there is in the context anything to hold to the contrary……………..(15) Appellate Division held that even after filing of written statement application for rejection of the plaint can be filed. Although this is not sound preposition as appl..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ......sued calling upon the Respondents to show cause why similarly drafted Impugned Orders of the Chairman, First Labour Court, Dhaka in individually numbered BLL Cases rejecting in each instance the application of the Petitioner made under Order VII, rule 11 of the Code of Civil Procedure ("th..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
....osed of with modification of the order passed by the High Court Division. The direction to grant lease to one of the other two applicants’ Samity is set aside. The respondents are directed to start fresh process to lease out the fishery in question in accordance with the provisions of the Nitimala......ion are that the writ petitioner applied for long term lease under Development Scheme for the “Shukro Bari Damus Dighar Fishery” situated within Upazilla-Shibigonj, District-Chapai Nababgonj. His application was filed before the Ministry, which called for report from the Deputy Commissioner, Cha..
Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....ipur for cancellation of the said fraudulent deed. The said suit was not framed in accordance with the instruction of the plaintiffs so the plaintiffs withdrew it on 18-2-1998 with leave to sue afresh. Thereafter the plaintiffs obtained certified copies of the deeds in question, gathered defini......ecree dated 24-8-2004. 8. Being aggrieved by and dissatisfied with the said judgment and order dated 24-8-2004 passed by the Additional District Judge, 2 Court, Gazipur the petitioner moved this application before this Hon'ble Court under section 115(1) of the Code of Civil Procedure and ob..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......n, Senior Advocate, with Md. Tamizuddin, Advocate-For the opposite party No.2. Criminal Miscellaneous Case No.22031 of 2010. Judgment KM Kamrul Kader J. - This Rule was issued upon an application filed by the accused-petitioner under section 561A of the Code of Criminal Procedure cal..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ..............................Petitioners Vs. SF Winsome Fashion Ltd. and others……………….Respondents Judgment July 24, 2013 Result: The application is allowed Unlawful Gain was Fraudulent and the Illegal Exdebito Justitiae ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
......in due compliance of law got a certificate under section 33(7) of the Artha Rin Adalat Ain, 2003 (hereinafter referred to as Ain). Subsequently one of the Director, namely, Abul Kalam Azad filed applications dated 7-7-2011 and 11-7-2011 with the petitioner Bank referring the aforesaid Artha Rin..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......ted that the accused-petitioner was enlarged on bail by the concerned Metropolitan Magistrate and then by, the respective learned Additional Sessions Judge. The accused-petitioner filed separate application in the respective Sessions case under section 265C of the Code of Criminal Procedure (th..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ...... was adjourned to 8-10-2007 and by the same order, the case was transferred to the Court of Assistant Sessions Judge (now Joint Sessions Judge), Additional Court for disposal. The respondent filed an application before the High Court Division under section 561A of the Code of Criminal Procedure (the..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
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