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Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......stop the Government portion of salary of the petitioners and accordingly the respondent No.6 issued a letter to the respondent No.7 for appropriate action. The petitioners being dissatisfied with the decision of the respondents preferred this writ petition and obtained the present Rule. 4. Mr. ..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ...... or their reports were not filed by filing any affidavit. It is to be kept in mind that it is the Court not the party which sought the assistance of the experts for arriving at a proper and fair decision of the issue involved in the writ petition. It is to be further kept in mind that in the wr..Category: Others | Date: 22 Nov, 2012 | Hits: 20
MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
....conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ......n a criminal case, the Division pronouncing the judgment becomes functus officio. Neither the pronouncing bench nor any bench of the High Court Division has any power to revise, override or alter the decision or interfere with it in any way, even though the learned judges arrived at a wrong decision..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......nto that legal aspect, the High Court Division came to a finding that the pre-emptors could not prove that they have also interest in R.S. Khatian No.3838. 15. The findings arrived at and the decision made by the High Court Division are based on wrong appreciation of laws and facts and as s..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ...... learned counsel submits that this Rule should be made absolute. 5. Mr. SM Moniruzzaman, the learned Advocate for the respondent-bank on the other hand, opposes the Rule. Placing reliance in the decision of Setara Begum Vs. Al-Arafah Islami Bank Ltd 61 DLR 791= 14 MLR 480 he submits that the su..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ......trial Court for fresh from the stage of examination of the accused under section 342 of the Code of Criminal Procedure. In support of this submission, Mr. Md. Afzal Hossain draws our attention to the decision in the case of Sohel @ Sawullah © Sohel Sanaullah Vs. State reported in 63 DLR (AD) 10..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ......o Annexure-"A" submits that the respondents themselves suggested the assessment should be made in accordance with Rules 4 or 5 of the Valuation Rule, 2000 but in utter defiance of their own decision they straight away resorted to Rule 7, that is, the deductive method and made the assessmen..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ......eavy traffic jam could not reach in the Court premises at district Gazipur from Dhaka in time for taking step of her case and thus fell into an error of law resulting in an error in the impugned decision occasioning failure of justice. 10. Mr. Arshed, finally submits that both the witnesse..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......e materials on record. It has been Held in State of Uttar Pradesh Vs. Ram Kishun, AIR 1976 SC 2304, 'It is well settled that in an appeal against acquittal this Court is slow to interfere with the decision of the High Court even though it has interfered with the conviction by the trial Court, wh..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135....... materials on record. It has been held in State of Uttar Pradesh Vs. Ram Kishun, AIR 1976 SC 2304, 'It is well settled that in an appeal against acquittal this Court is slow to interfere with the decision of the High Court even though it has interfered with the conviction by the trial Court, wh..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......ecided that since defendant No.3 was a government servant, RAJUK would collect particulars as to his job from the concerned Department and then the Standing Committee would be informed about the decision of the sub-committee. On 16-9-2004, the Secretary, RAJUK requested the concerned ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ......disclosure of any offence against the petitioner is a good ground for quashing the impugned proceedings. Learned advocate, in support of his submissions, has drawn our attention to the decisions taken in the cases of Abdul Quader Vs. State reported in 28 DLR (AD) 38, AliAkkas Vs. Enay..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......reetal amount may be paid of by private selling of the mortgaged property, and in all fairmess that should be allowed. Time should be reasonable as it has been allowed in the above mentioned two decisions of this Division……….(9) Cases Referred to- Khorshed Alam Vs..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......e learned Advocate appearing on behalf of the petitioner submits that the High Court Division committed serious illegality in quashing the proceedings in the midst of the trial in misinterpreting the decision reported in 62 DLR (AD) 233 in the case of Habibur Rahman Mollah Vs. the State. Hence, the ..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......l Haq and others Vs. The State 14 BLT 485, Fazu alias FazlurRahman Vs. The State 1 BLC 558, Rekatfullah Vs. The State 13 DLR-750. It is further held in the case reported in AIR 1921 (PC) 69, that the decision of the Court must rest upon legal ground established by legal testimony from the prosecutio..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......, both oral and documentary adduced by the plaintiffs, found plaintiffs title and possession in the suit land and the High Court Division did not find any wrong or illegality in those findings and decision of the appellate court below. In the circumstances we do not find any reason to interfere ..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ......of the Ain, 2003 before the Adalat which was absolutely question of fact and such question of fact could not be decided in writ jurisdiction. For this proposition, the High Court Division relied on a decision of this Division in the case of Abdul Hamid Khan Vs. Mia Nurul Islam 42 DLR (AD)49; second ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ......on examination of record and consultation with his legal counsel and from this standpoint, the impugned proceedings should be quashed. The learned Advocate in support of his contention, relied on the decision in the case of Anti-Corruption Commission Vs. Dr. Mohhiddin Khan Alamgir reported in 62 DLR..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Grameen Solutions Ltd. Vs. Registrar, Joint Stock Com¬panies and Firms, 2012, 41 CLC (HCD)
.... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ...... in 2005 DLT 612 and I find that the following views were taken in that case, namely "(i) The question of reduction of share capital is treated as matter of domestic concern, i.e. it is the decision of the majority which prevails. (ii) If majority by special resolution decides to redu..Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11