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Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ......y, the petitioner violated the pre-conditions and as such, the authority rightly cancelled the appointment letter. 6. The High Court Division, upon hearing both the sides, made the Rule absolute holding that the impugned letter of cancellation of the appointment letter as communicated by letter..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ......y the Government in that respect. Rather respondent No.4 in his affidavit-in-opposition has categorically stated that the Ministry of Establishment by its Memo dated 7-5-1996 turned down the proposal holding that "It is not possible to upgrade the post beyond the report of the Administrative structu..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ......roceed against the accused under section 17(e) (ii) (iv) of the Securities and Exchange Ordinance, 1969 and accordingly framed charges instead of discharging the accused. But at the trial before holding the petitioner guilty and convicted the accused could prove that the offence was commit..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......e defendant to prove his case rather plaintiff is to prove his case and he cannot succeed on the weakness of the defendant. In this connection we have reasons to differ with the Joint District Judge, holding that the plaintiffs have failed to prove their case on any Court. As we have already mention..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......dex and his signature on those as Exhibits-3, 4, 3/1 and 4/1 respectively. He deposed that he recorded the statement of the witnesses under Section 161 of the Code of Criminal procedure and after holding proper investigation had submitted charge-sheet against the accused persons. 27. In his..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......১৯৯৮ অনুসরন করে কার্যক্রম পরিচালনা করতে হবে”। In view of above discussions and findings we have no hesitation in holding that the appellant-company has failed to comply with the requirements of the Policy of 1998..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
.... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......furious. 3. In the above background, the respondents obstructed her on the way of going to the Madrasa on 12.4.2009 at about 9.30 a.m. and violated her modesty. The complainant took initiative for holding a shalish, for which they became more furious and hatched up a conspiracy to give him a good..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......ideration money and promised to execute a sale deed within 1(one) month from 3ate. The court of appeal below believed the plaintiffs claim for specific performance of the subsequent contract holding that the trial court on a proper appreciation of the materials on record rightly believed t..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......d in case of one bidder in a negative way to give it less marks, the same were not applied in the same way in case of other bidders, thus making arbitrary discrimination. While one of the reasons for holding the petitioner-firm non-respective was that it sought 20% advance payment, the same con..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
..... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ......ement Court praying for excluding the property in question from the list of the abandoned buildings. 5. The Court of Settlement by its judgment and order dated 12.09.1990 dismissed the said case holding that the inclusion of the property in question in the list of abandoned buildings was n..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......ty demanded. At the hearing preliminary objection was raised as to the maintainability of the writ petition in presence of alternative remedy. The High Court Division allowed the writ petition holding that section 30 of the Customs Act was not tenable. This judgment was challenged in this Di..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......y extend to seven years and shall not be less than three years, to which fine may be added." 60. It is pertinent to point out that the learned Judge of the Court below convicted the accused holding following views: — I. The accused were belonged to JMB, II. Confessions of t..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
.... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......was started with the lodging of FIR on 17-12-2003 and after investigation police submitted report under section 173 of the Code of Criminal Procedure on 29-10-2004. So in the instant case question of holding investigation by the Durniti Daman Commission or any authorized officer of the commission as..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ...... J and my learned brother, Md. Abdul Wahhab Miah, J. I agree with the judgment of brother Surendra Kumar Sinha J. Surendra Kumar Sinha J. - Pre-emptor is the appellant who seeks pre-emption of a holding claiming as co-sharer transferred by the respondent No.2 in favour of Sultan Uddin Bhuiyan, ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......jatan Daman Tribunal, Patuakhali on 29.9.2004 on the self same allegation. On receipt of the said complaint, the learned Judge of the Tribunal sent it to the Magistrate of First Class, Patuakhali for holding a judicial enquiry and submitting a report. The Magistrate, after completion of his enquiry ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ......r submits that while drafting the plaint it was mistake of the learned Advocate who did not include the land of P.S. plot No.19 containing 0.2200 acres of land and learned Judge dismissed the suit holding that plaintiff claimed excess land than acquired by exhibit-1. Learned Advocate further sub..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......n – an inherent right of the applicant Section 81 of the Companies Act, 1994 provides that, Statutory Original Jurisdiction of the High Court Division has the power to condone the delay in holding AGMs, which have fallen due. Moreover, High Court Division has to condone the delay in holdi..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......e law as prevalent at that time, exonerated the petitioners from further criminal liability, as such, cannot be subject to any criminal liability in future but the High Court Division erred in law in holding that the exonerations made under the impugned Ordinance is of no legal effect, which is cont..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......e charge sheet as to how, when, from whom, in connection with what deal or deals the petitioner had dishonestly earned the aforesaid amount of money, although a charge sheet has been filed after holding a complete investigation into the case narrated in the FIR. As such ingredients of section 5..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211