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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 ......eard the parties passed his order dated 21-11-2011 disissing the appeal being appeal No. 349 of 2011 affirming the order passed by the respondent No. 2 rejecting the prayer for addition of party holding inter alia that the petitioner bank does not have any locus standi to be added as party rela..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: ......r which stevedoring firms were granted license to operate at CP. 5. Regulation 2(84) of the Regulations, 2001 (before the impugned amendment) has defined the word “Stevedore” as a person holding a valid license issued by the licensing authority (i.e., the respondent No.1) for supplying..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. ......time of trial as provided in section 30 of the Evidence Act. In the case reported in 39 DLR (AD) 195: Nawsher Sarder Vs. State, while hearing an appeal, from the judgment of the High Court Division upholding conviction under section 302/34 of the Penal Code and confirming death sentence the Appellat..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
.... and the oral gift dated 01.01.1988 by Khawaja Md. Zarrar in favour of his wife were not proved and that the High Court Division without giving any finding in respect of the oral gifts found that the disputed property was wrongly listed in the ‘kha’ list of the abandoned buildings. He go......ule absolute.
VIII. Serious disputed question of facts being involved and collusion with the government staff being apparent in manufacturing papers, the High Court Division erred in law in not holding that neither the Government is bound by the illegal acts of its officials, nor the abandoned..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ......le 25 provides that the roll shall be made in order of seniority. The roll of Advocates prepared and maintained in accordance with the provisions of PO No. 46 of 1972 shall be the sole basis for holding the election of the Bar Council but on scrutiny, the list of voters published by the Ba..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Government of Bangladesh and others Vs. Md. Mizanur Rahman (Mizan), 2012, 41 CLC (AD)
.... limitation holding that no specific reason was stated." Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 846. ......ore it were clearly explained in the application where neither the authority nor the learned Penal Advocate had any negligence and thus erred in law in rejecting the appeal as barred by limitation holding that no specific reason was stated." Preparation of the paper book is dispensed ..Category: Limitation Law | Date: 17 Jun, 2012 | Hits: 9
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
.....11 dated 23-3-2003 noticed about filing of an application by the defendant for expert opinion in respect of the signatures appearing in the 'bainapatra' and also directed the plaintiff to submit the disputed 'bainapatra' to the Court and the 'bainapatra' was filed on 31-3-2003 but the Court did not......nitiation of Civil Appeal No.283 of 2010. 9. Mr. Abdul Wadud Bhuiyan, learned Senior Advocate, appearing on behalf of the appellants, submits that the High Court Division committed illegality in holding that there is no scope for obtaining the opinion of the handwriting expert at the appellate ..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....07. Judgment Surendra Kumar Sinha J. - Defendant is the appellant before us and he has challenged an order of the High Court Division allowing the plaintiffs prayer for examination of the disputed thumb impressions appearing in an unregistered deed of gift in exercise of revisional jur......parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ......re the revision filed by the petitioner cannot be treated as a revision within the meaning of section 7A of the Ordinance. 13. The Administrative Appellate Tribunal was, of course, wrong in holding that the petitioner was required to file the case before the Administrative Tribunal wi..Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390
Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
....ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ......er of dismissal as per regulation 59 of the Regulations 1979 before filing the writ petition and as such the writ petition was not maintainable, (ii) The High Court Division committed error in holding that the impugned letter of dismissal was issued in undue haste after the pronouncement of t..Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
....n only be elected by the majority electorates of a constituency. Considering this aspect this Division may kindly be pleased to review its judgment and order and pass order for fresh poll in the disputed constituency. 25. Mr. M Amirul Islam, learned Senior Advocate, appearing on behalf of ......tten statement and paragraph No.1 of the supplementary affidavit the petitioner expressly and very specifically denied the allegation regarding main bill. 2. The Appellate Division erroneously upholding the judgment and order passed by the High Court Division committed illegality in directing t..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)
.... hearing the parties was of the view that the Magistrate took cognizance of the offence on being satisfied that the complaint was made after compliance of formalities and that the petitioner raised disputed question of facts which can only be decided on evidence. Learned counsel appearing for the ......n have discharged the rule on assigning proper reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ..Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......ars expired prior to promulgation of new Act, 2003." 19. Similar, view was taken by the High Court Division by an unreported Judgment dated 18-3-2012 passed in writ petition No.3046 of 2005 holding as under:— It is evident from the materials on record that the Artha Rin Suit was..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... a confessional statement made by such person, the age has uniformally been written or mentioned under 16, i.e. may be 14 years, 15 years or just under 16 years and such mentioning of age is not disputed by the prosecution or the private party concerned, then no presumption/assumption/formation......death, it is homicide; but, if the injury was not mortal and death was due to other supervening causes, as such, gangrene or fever brought about by bad treatment, then the court would be justified in holding that, death was not due to the injury as its "causa causans " (1 Hale PC 428). ..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
....e their Lordships observed accordingly "In interpreting Sub-section (2) of section 42 all the learned Advocates agreed that on filing of the appeal with the necessary deposit of a portion of the disputed amount, the impugned order is automatically stayed and there is no scope for the VAT offici...... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
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Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....land from Fazlul Haque and Sultan Ahmed by two registered deeds of sale dated 3-12-1957. 13. The trial Court came to a finding that the plaintiffs and the contesting defendant drew the origin of the disputed land from the ejara patta (Exhibit-3) and that it could not be said that the deeds of defen......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....ourt for claiming compensation. In awarding and determination of compensation the High Court Division, in an appropriate case if it deems necessary, may take evidence to clear any disputed question of facts or pass any direction or orders to hold an inquiry by a District Judge fo...... the question of granting compensation to the victim of the lawlessness of the State was left open. The Supreme Court of India in Veena Sethi Vs. State of Bihar (1982) 2 SCC 583 echoed the same views holding that the question of compensation would still remain open. From the above discussions i..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....11 of 1990 which was subsequently affirmed by the Additional Divisional Commissioner by order dated 05.11.1994 and then, by the Full Board in Review Case No.3-85/94 vide Order dated 09.12.2003. The disputed and the important question of fact cannot be resolved in writ jurisdiction. It is not cor......tion of party which was kept with the record. Satinath Bandopaddya was added in the miscellaneous case as opposite party No.3 by order dated 16.08.1969. Meanwhile Circle Officer Revenue, after holding local enquiry, submitted his report on 07.07.1969. The miscellaneous case was taken up for ..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ...... saf kabala deed 375 dated 22-8-1984 transferred 0.1053 acres of land to one Feroza Haider. On the remaining land by constructing pucca construction, after paying rent regularly to the Government and holding No.1/e/3 Shahbagh road was opened by Dhaka City Corporation and he also took all the connect..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ......care that this type of conduct should never recur in future". His Lordship also warned the petitioner of that writ petition about his derogatory comments against the liberation war of Bangladesh holding that the comments were utter distortion of historical facts and brought into question t..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
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