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Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
....subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ...... the meaning of section 2(ga) of the Rules, 2005, if the project in which s/he is working is completed subject to the condition that such employee or officer has requisite qualifications for the said post, (ii) Whenever a vacant post is created in the revenue budget, the LGED shall absorb/transfer a......te qualifications subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 6
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
.... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ...... the meaning of section 2(ga) of the Rules, 2005, if the project in which s/he is working is completed subject to the condition that such employee or officer has requisite qualifications for the said post. (ii) Whenever a vacant post is created in the revenue budget, the LGED shall absorb/trans......ses if they have requisite qualifications subject to availability of vacancies according to their seniority. Cases Referred to- Civil Petition Leave to Appeal No.1781 of 2011 = 17 BLC (AD) 91. Lawyers Involved: Rajik-al-Jalil Deputy Attorney General instructed by Md. Shamsul..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....ion, police submitted charge-sheet against nine accused under sections 302/34 of the Penal Code on 07.04.1994. 5. The case record was sent to the Court of the Sessions Judge, Pabna, where it was registered as Sessions Case No.110 of 1994. On receipt of the case record on transfer, the learned A......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....ant No.1(hereinafter referred to as the defendant) on the averments, inter alia, that the defendant on receipt of Taka 1,50,000 as earnest money out of total consideration of Taka 2,00,000 executed a registered agreement on 27-9-1982 for selling the suit property to the plaintiff. In the agreement, ...... 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. ......d thus to fill up 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. ..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....t of Metropolitan Sessions Judge, Chittagong on 10-10-2011 and thereafter filed the Criminal Petition for Leave to Appeal No.466 of 2011 before this Division whereupon the present criminal appeal was registered. 127. This appeal is founded on the contention that the confessional statements......hy;ring to their common intention". Therefore, the Supreme Court not only approved the views expressed by the Judicial Committee, but also took the statement of law as settled. In other words, a post arrest statement made by an accused to a police officer, or to a Magistrate whether it is a con......IR 1988 SC 1883; State of Gujarat Vs. Mohammad Atik, AIR 1998 SC 1686; State of Tamil Nadu Vs. Nalini, AIR 1999 SC 2640; Zulfiqur Ali Bhutto Vs. State, PLD 1979 SC 53; Maj. Md. Bazlur Huda Vs. State, ADC Vol. VI(A) 1; Shama Rao Vs. Union Territory of Pondicherry, (1967) 2 SCR 650; Nazir Hussain Vs. ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....s, sale, transfer, lease or disposal in any manner of goods manufactured or by manufacturer or producer or of goods imported or purchased or acquired or otherwise procured by a person in Bangladesh registered or registerable under sections 15 or 17. Section 2(খ) defines “প্রস্তু......victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......train is necessary and the judgment of the executive should not be interfered with…………………………(36) Cases Referred to- Dr. Mohiuddin Farooque Vs. Bangladesh, 49 DLR (AD) 1; BRAC Vs. Professor Mozaffar Ahmed, 54 DLR (AD) 36; BALCO Employees Union (Regd) Vs. Union o..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....r's husband of the plaintiff and he used to live in the mess of the plaintiff. The plaintiff purchased the said land for this own benefit and by his own money but in the name of Akhil Biswas by a registered kabala deed dated 18-11-1958. Akhil Biswas did not make any payment towards the considera......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. ......ends of justice to allow the defendant to submit additional written statement and to adduce more evidence........ (34) Cases Referred to- Government of Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90, 42 DLR 434; 12 MLR (AD) 105; Government of Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90 para..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
....o do with quashing of a proceeding. He drew our notice to the annexures appended with supplementary affidavit filed on behalf of the petitioners wherein three photocopies of the certified copy of the registered kabalas are annexed from where it appears that in registered kabala No.490 of 1979 dated ......rate by order dated 06.02.2000 filed the case in absence of the complainant. The learned Advocate also submits that from the statements of the petition of complaint, it is clear that the facts are preposterous and no case stands against the petitioners. He further submits that the proceeding is liab......;…….Opposite parties Judgment July 25, 2012 Result: The Rule is made absolute. Cases Referred to- Latifa Akter and others Vs. the State and another, 7 BLT(AD) 282; Md. Shamsuddin alias Lambu and others Vs. the State and others, 1988 BLD (AD) 93; Habibur R..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......12 dated 22-9-1996. On received of the said information, the police rushed to the place of occurrence and made inquest of the dead body of the deceased Abedin and sent the dead body to the morgue for post-mortem examination. 5. On the same date at about 1-00 PM police recorded another First Inf......State, 21 DLR 164; Wahid Bakhsh Vs. Mir Mohammad, 1968 SCR 7%; Harun Bepar Vs. State, 5 BLC 501; Mabboob Elahi Vs. State, 1971 SCMR. 796; Alkas Mia Vs. State, 25 DLR 398; State Vs. Lalu Miah, 39 DLR (AD) 117; State Vs. Munir, 1 BLC 345; Abul Khayer Vs. State, 46 DLR 212; Hashmat All Vs. State, 33 DL..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
.... Somesh Kumar Sing Sharma, Sreemati Sibani Debi, wife of late Shudir Chandra Sing Sarma, Sree Surath Chandra Sing Sharma, Sree Suresh Chandra Sing Sharma sons of late Girindra Chandra Singh Sharma by registered deed of sale being No.1495 dated 15-5-1941. Syed Ali Habib, son of late, Syed Abdul Latif......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......e suit showing cause of action as:— "The cause of action for the suit arose on 25-5-2004, 13-7-2005 and 26-12-2005 as the plaintiffs did not get justified order in their favour before ADC (Rev) land Kotwali, ADC (Rev) Dhaka and Additional Divisional Commissioner, Dhaka respectiv..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....The writ petitioner, Arifabad Cooperative Housing Society Limited, claimed to have purchased the disputed property from Roshan Ally, M.H. Hirji, Nasiruddin Hirji, Boustan Hijri and Najli Hirji by registered deed dated 15th December, 1980 and thereafter, it mutated its name in the record of righ......nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ...... In view of the judgment of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....nachhaya Mahila Kallayan Samity was a Women Welfare Organization. The plaintiff was the first General Secretary and coordinator of the said samity since its incorporation in 1989. The said samity was registered under the Department of Women Affairs of the Government of Bangladesh and got govern......oc committee would have power to run the organization. That since four members of the previous committee of Banachhaya Mohila Kallayan Samity resigned and the plaintiff was removed from the post of General Secretary for the mismanagement created by her in the samity an ad-hoc committe......d no error in these concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
....f the Artha Rin Adalat Ain, 2003 and then at its instance the mortgaged property was sold in auction. The auction-purchasers who were the petitioners in the High Court Division got a sale deed registered and also got the delivery of possession of the property through the process of the Court......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ...... month. Preparation of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
.... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ......s of Section 14 of the Act. All the facts of the case if taken into a narrow compass than it is seen that petitioner honestly in good faith, in due case and attention for relief travel from pillar to post in whatever forum as was advised render the court to apply provision of section 14 of the Limit......for condonation of delay consumed due to wrong advise of his lawyer...............................(4) Cases Referred to- Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja, 20 BLT (AD) 47; Debabaria Chatterjee Vs. Md. Munsur Ali, 36 DLR 136. Lawyers Involved: Manoj Chand..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
.... of section 32 thereof (we do not consider it necessary to state the facts relating to the claim of the petitioner to the property in question in disposing of the leave petition). The application was registered as Artha Miscellaneous Case No.01 of 2008. The Artha Rin Adalat by order dated 20.07.2008......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
.... 2 and 3 are the Labour Court and the Labour Director respectively; the respondent No. 4 filed an application under section 178(1) of Bangladesh Srama Ain, 2006 before the respondent No. 3 to be registered as a trade union in respect of the petitioner bank and on receipt of the said application......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......dgment July 7, 2012. Result: The rule is made absolute. Cases Referred to- Palli Daridra Bemochan Foundation Vs. Palli Daridra Foundation Karmachari Union (proposed), 57 DLR (AD) 155. Lawyers Involved: Ahsanul, Karim with Khairul Alam Chawdhury & Aminul Hoque, ..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... complexion and stature of dacoits and he has also stated that if he could see them again he would be able to identify the dacoits. Acordingly Nagaon Police Station Case No.9 dated 9-11-2011 has been registered under section 395/397 of the Penal Code against Md. Abdul Karim and 14 other unknown daco...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......conviction of the non-confessing co-accused can be sustained upon the confessional statement made by another co-accused............(28) Cases Referred to- Nawsher Shafder Vs. State, 39 DLR (AD) 195; State Vs. Ali Hossain; 18 BLD 655 = 4 BLC 43; Abdul Motaleb Vs. State, 27 DLR (1975) 665; S..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ......7-3-2010 (Annexure-A-2), shall not be declared to be without lawful authority and of no legal effect, and as to why the respondents shall not be directed to recruit/appoint/the petitioner against the post of Sub-Inspectors of Police pursuant to the respondent Nos. 7's recruitment notice dated 27......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
Category: Employment/Service Law | Date: 18 Jun, 2012 | Hits: 130