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Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)

....2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......presence. 7. Now, the question is whether in a case like this, evidence of the informant and the Investigating Officer can be delivered or not. The learned Advocate for the appellant relied on the principle laid down in the case of Ahmed Ali Vs. Haji Abdur Rashid as reported in 1991 BLD 11. In th......2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499...

Category: Criminal Law | Date: | Hits: 59

Shaikh Jahangir Hossain Vs. Government of Bangla­desh and others, 2001, 30 CLC (HCD)

....udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ......thorities before acceptance were absolutely within their rights to reject any tender simply because there were no agreement or contract, so long they acted reasonably within the meaning of Wednesbury principle (Associated Provincial Picture Houses Ltd. Vs. Wednesbury Corporation (1948) 1 KB 223) sin......udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ..

Category: Civil Law | Date: | Hits: 82

Bangladesh Chemical Industries Corporation (BCIC) and another Vs. Zia Fertilizer Company Limited Workers and Employees Union and others, 2011, 40 CLC (AD)

....all file the concise statement to make the appeal ready for expeditious hearing. The appeal is fixed for hearing on 23rd August, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 567. ......all file the concise statement to make the appeal ready for expeditious hearing. The appeal is fixed for hearing on 23rd August, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 567. ......eficiaries of a portion of the profit from the workers par­ticipatory fund under section 234 (1) (kha) of the Labour Act, 2006 which provides that within 9(nine) months of completion of a year a sum amounting to 5% of the net profit of a company shall be credited to the workers participatory fund a..

Category: Company Law | Date: | Hits: 366

Abdul Majid Mondal Vs. State and another, 1999, 18 CLC (HCD)

....ming the order of the learned Magistrate is quashed. Stay order granted by this court stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 287.......ed with the question of regulating possession of the land between the same parties the Magistrate acted without jurisdiction in initiating the proceeding under section 145 Cr.P.C. Following the above principle we hold that the criminal court has no jurisdiction to draw up any proceeding under sectio......ming the order of the learned Magistrate is quashed. Stay order granted by this court stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 287...

Category: Criminal Law | Date: | Hits: 237

Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)

....ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ......punishment taking advantage of absolute right of silence mainly due to faulty and inefficient investigation. 21. It appears to us that in the trial of a criminal case much emphasis is given to the principle that ten offenders may be acquitted but a single innocent person should not be punished. W......ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ..

Category: Criminal Law | Date: | Hits: 64

Manjurul Haque and 12 others Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others, 1999, 18 CLC (HCD)

....respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 261.......he petitioner is revocation of the licence of the petitioner in respect of the curtailed area and no notice having been given to the petitioner before passing the impugned order the same violated the principle of natural justice. Further contention is that petitioner acquired vested right to continu......respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 261...

Category: Civil Law | Date: | Hits: 89

Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)

.... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252.......n from the place of occurrence by the side of his outer house where he had kept it concealed. As the facts of that case are distinguishable from the facts of the instant case though we agree with the principle enunciated in that decision we find it difficult to apply the same in the instant case. ...... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252...

Category: Criminal Law | Date: | Hits: 73

Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)

....tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242.......tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242.......est with cost. The petitioner is to realise Taka 39,567.05 as due on 31-10-79 and for subsequent period the petitioner is entitled to realise interest at the rate of 5% till the realisation of entire amount. The petitioner is to adjust the amount which has been paid during the pendency of the case. ..

Category: Criminal Law | Date: | Hits: 73

Hazrat Ali and another Vs. Kudrat Ali and others, 1991, 20 CLC (HCD)

....n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658.......On facts the decision is distinguishable. In that case unlike the instant case there was an agreement for re‑conveyance and the transfer was subject to that condition. Therefore, in my opinion, the principle laid down in that case has no manner of application to the facts in the present case. The ......n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658...

Category: Property Law | Date: | Hits: 72

Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)

....ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656.......ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656.......cate, is not sustainable in law. Both the Courts committed an error of law in their decision occasioning failure of justice. The learned Advocate submits that the effect of the granting of injunction amounts to nullifying the result of the proceedings under section 145 Cr.P.C. and this is not allowe..

Category: Property Law | Date: | Hits: 61

Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)

....ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......ether the conditions as laid down in the above circular have been fulfilled. It is stated by the learned Advocate for the petitioners that at Gilabari, up to roof, construction has been made and huge amount of money has already been spent. In a matter like this it is difficult to grant injunction in..

Category: Civil Law | Date: | Hits: 99

Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)

....our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......uestion, is the Artha Rin Adalat a Court Subordinate to the High Court Division. In deciding this issue with regard to special statutes the superior Courts of the subcontinent have formulated certain principles. If appeal lies from a special tribunal to the High Court then that special tribunal is s......tituted Money Suit No. 2 of 1993 before the Artha Rin Adalat No. 1, Madaripur against the respondents for realisation of Taka 6,66,653. The suit was decreed on contest on 13‑6­-93 and the decretal amount stood at 7,48,361.82 with cost. The respondents paid a sum of Taka 1,75,000 and there has bee..

Category: Administrative Law | Date: | Hits: 200

Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)

....0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......y body the question of malafide does not arise at all. Mr. Islam further submitted that judgment of the Appellate Division shall be binding only when two conditions are present, one being that if the principle of res judicata can be made applicable and the other being that if a principle of law has ......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350...

Category: Property Law | Date: | Hits: 122

Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)

....he plaintiff. The appeal is, therefore, allowed with­out any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......he plaintiff. The appeal is, therefore, allowed with­out any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......ey of Tk. 2,80,000,00/-. As per ten­der document, ext-ka, in paragraph 9, it is a condition precedent that the contractor was required to deposit 10% performance guar­antee of the accepted contract amount in the form of bank guarantee valid for a peri­ods of 30 days beyond the date fixed for the ..

Category: Civil Law | Date: | Hits: 73

AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)

....lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......onable doubt there cannot be any conviction under section 161 of the Penal Code. In that decision it has been held that the demand of gratification must be corroborated by other witnesses and on that principle of law the learned Advocate submits that when in the present case demand of gratification ......five hundred taka currency notes and accordingly this Rezia Khatun brought two five hundred taka currency notes and the District Anti‑Corruption Officer thereafter prepared an inventory of the said amount in presence of witnesses which was also shown to the witnesses who came subsequently and the ..

Category: Criminal Law | Date: | Hits: 90

Kazi Shafiul Nasher Vs. Secondary and Higher Secondary Education Board, Jessore and others, 1991, 20 CLC (HCD)

....ayer in disposing of a matter under Article 102 of the Constitution. The Rule is therefore discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 619.......e further submits that in any view of the matter the petitioner having not been given the opportunity to cross‑examine the witnesses on the basis of whose deposition the punishment was awarded, the principle of natural justice was violated and on that ground also the punishment is unauthorised. ......ayer in disposing of a matter under Article 102 of the Constitution. The Rule is therefore discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 619...

Category: Civil Law | Date: | Hits: 159

Md. Yusuf Ali and other Vs. The State, 2011, 40 CLC (AD)

.... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ...... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ......isonment for 3 (three) years and also to pay a fine of Tk. 3,000/-(Taka three thousand), in default to suffer simple imprisonment for 5 (five) months more. It was further ordered that out of the fine amount of Tk. 27,000/- was to be paid to the heirs of the victim in accordance with Muslim Law of in..

Category: Criminal Law | Date: | Hits: 52

Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)

....e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......efendant No. 5 to deliver possession but he did not response to the request. The plaintiff thereafter on different occasions informed the defendant Nos.2, 3 and 5 that he was ready to pay the balance amount whenever he would get the vacant possession but could not receive any favourable reply. 4...

Category: Civil Law | Date: | Hits: 93

Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)

....le". Security of Tk. 1000/- is to be deposit­ed within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ......he suit was not maintainable in law. But the High Court Division failed to consider the same which resulted gross illegality resulting occasioning of failure of jus­tice; II. Because it is settle principle of law as have been enunciated by the Hon'ble Appellate Division in the case of Abul Basha......le". Security of Tk. 1000/- is to be deposit­ed within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ..

Category: Property Law | Date: | Hits: 70

Subrata Dev Roy Vs. Saroswati Rabni Paul being dead her legal heirs: 1(ka) Netai Pada Paul and another, 2011, 40 CLC (AD)

..... Since review does not mean rehearing of the matter, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 477. ......nd by the lower appellate Court. It is further contended that the judgment of this Division may be reviewed to consider the provision of Section 107 of the Transfer of the Property Act in view of the principle laid down in the decision reported in 43 DLR (AD) 12. 7. We have heard the learned Coun....... Since review does not mean rehearing of the matter, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 477. ..

Category: Procedural Law | Date: | Hits: 76