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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. ...... Mechanic. The first parties were neither recruited as apprentice Mechanic nor took 2(two) years training in Bangladesh Airlines Training Institute. According to the Biman's Service Regulation, a person must have minimum Honours Degree and no third division/class for appointment to the post of J..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....iation 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: 19 BLC (AD) (2013) 95. ......ubmits that the 'falah' used by the leave-petitioner, Shahjahan Khalifa was not made alamat and that the prosecution case that accused Shahjahan Khalifa dealt 'falah' blow on the person of the deceased Korban Ali was not proved and as such, the prosecution miserably failed to pr..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....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: ......its that the ‘falah’ used by the leave-petitioner, Shahjahan Khalifa was not made alamat and that the prosecution case that accused Shahjahan Khalifa dealt ‘falah’ blow on the person of the deceased Korban Ali was not proved and as such, the prosecution miserably failed to pr..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
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. ......hy;sional statements and the circumstantial evidence. The trial Court, however, was of the view that the prosecution had failed to prove the charge of criminal conspiracy against all the accused-persons. All the convicted persons preferred appeals and the Government also preferred two..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 observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......ling of such petition does not convert into a "publicity interest litigation" or "private interest litigation". In this type of petition, a jurisprudence has been innovated where a public spirited person or organization invokes the jurisdiction of the court, on behalf of such persons, who by rea..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. ......eyond doubt that the Courts below have rightly found possession in favour of the plaintiff. The P.W.1 has added that the defendant's father being his sister's husband was his trustworthy person and, as such, he acquired the property in the name of defendant's father. Since the defen..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 ......ection 17 of the Act. It is well settled that ordinarily relief under Articles 226/227 of the Constitution of India is not available if an efficacious alternative remedy is available to any aggrieved person. (See Sadhana Lodh Vs. National Insurance Co. Ltd., Surya Dev Rai Vs. Ram Chander Rai and SBI..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)
....R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ...... Police Station on 19.12.2001 alleging, inter-alia, that on 17.12.2001 at about 5.15 P.M. the accused Taleb Ali alias Tala, Ershad, Azad, Shamsu, Dulal, Nasir and Shahabuddin and 5 to 6 other unknown persons forming unlawful assembly and being armed with various deadly weapons entered into the house..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......ed Judges usurped the power of the learned Magistrate and made the direction. To say otherwise, though the Code of Criminal Procedure authorized a Magistrate to pass appropriate order in respect of a person who is suspected to have been involved in a cognizable offence and produced before him by the..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......raji petition. The learned Magistrate sent the case for judicial inquiry to the learned Magistrate, 3rd Class, who after inquiry sent report on 14.05.2002 to the Court of Magistrate against 4 accused persons including the petitioners. The learned Magistrate of Cognizance Court No.1 by order dated 14..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 ......led his brother which has been seen by the other inmates of the house and neighbour and they have heard the occurrence at about 6-00. The informant came to know that accused Ishaque and other accused person by killing his brother kept his dead body under the Chowki of accused-Ishaque, hearing of the..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....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. ......t Division by judgment dated 25-8-1959. Against that decision, plaintiffs of that suit did not take any step as such, plaintiffs have no title over the suit property as they purchased the land from a person who had no title and possession over the suit land. In this way Kaniz Fatema by purchase beca..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......was ultimately made absolute. The respondents of the writ petition failed to execute the orders. Accordingly contempt case being Contempt Petition No. 56 of 2012 was filed. The contemners appeared in person before the Hon'ble Court and assured that Block-C of the Sarak Bhabon shall be vacated in its..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
.... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ......wo other Councilors were dropped from the General Council. The President had been using the club as his own and he, in grave violation of the provisions of the constitution, inducted two unauthorised persons, namely: a member named Azizul Haque and a Joint Secretary of the Federation, to operate its..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....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. ......4235 and 4236 along with 29 other plots as abandoned property in the name of the Government. 4. Article 2 (1) of P.O. 16 of 1972 defines' abandoned property' means 'any property owned by any person who is not present in Bangladesh or whose whereabouts is not known or who has ceased to occu..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
.... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ......esent: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Safi Uddin...........................Petitioner (In person) Vs. District Judge, Dhaka & others.......Respondents Judgment July ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....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 ......also stated in the writ petition that one Md. Shafiqur Rahman being the Manager of Human Resources of the petitioner bank on 7-12-2010 lodged a GD Entry with Gulshan Police Station having appeared in person disclosing that the respondent No. 4 submitted a certificate alleged to have been issued..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......n to it by the government. Section 8 of the Ordinance stipulates, inter alia, that the government may, in consultation with the Authority, appoint an Advisory Committee consisting of such number of persons as it may think fit for the purpose of advising the respondent No.1 in respect of such mat..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... 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. ......ement was exculpatory or that this accuseds were involved in this case out of enmity or that this is a case of false embellishment or that there is anything on record to their antecedent save that of persons accused of committing dacoity. 19. Besides, a confessional statement is not a mere scra..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10