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Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ...... would be multiplicity of suit and there is no law forbidding the defendant to amend his pleadings to establish his positive case. 10. Heard the learned Advocates of both sides, perused the case record, impugned judgment and order along with the order passed by the learned trial Court i.e....... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......ey would be absorbed in the revenue budget of Dhaka City Corporation. 10. We have considered the submissions of the learned Senior Advocates, the impugned judgment and the materials on record. 11. Before addressing the conflicting submissions of the learned Senior Advocates ......the said third project even after its completion of the own fund of DCC. Followed by the office order dated 23rd of April, 2003 the Secretary, DCC approved of the payment of arrear salaries and other service benefits to writ-petitioners from February, 2001 to February, 2003 asking the appropriate au..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......4. The police after investigation submitted Charge-sheet No.9 dated 26-1-1995 under sections 302/381/411 of the Penal Code against the lone accused-person, Romana Begum. 5. During trial the case record was transferred to the Court of Additional Sessions Judge. fifth Court, Dhaka for trial ......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
.... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......Poura Holding No.210/1, Bangabandhu Sarak, Police Station Narayangonj Sadar. The plaintiff contended, inter alia, that Harun Bepari was the owner and possessor of the said land and accordingly it was recorded in C.S. Khatian No.48 in his name; that said Harun Bepari published a public notice in the ...... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
....sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
......Nos. 1271, 1272 and 1273 in place of BS plot Nos. 1171, 1172 and 1172 and accordingly the Adalat directed to correct the plot numbers as prayed by the decree-holder. It is apparent on the face of the record that the decree-holder got the plot numbers of the property correct which was sold in executi......sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
..
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ......d section 5 (2) of the Prevention of Corruption Act. 1947. 12. Thereafter, the accused-petitioners appeared before the learned Special Judge and obtained bail on different dates. Next, the case record was transmitted to the Court of Divisional Special Judge, Dhaka. The accused petitioners appe......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....hool, and as per request of Major, the informant along with some police constables appeared at the place of occurrence and found that some accused persons were arrested by the major Aftab Ahmed and a good number of CI sheets were recovered from the house of different persons and also from the local ......learned Advocate for the petitioners and the learned Deputy-attorney General for the opposite-party and careful examined the FIR, seizure list, charge-sheet, the statements of the witnesses recorded under section 161 of the Code of criminal Procedure, and orders passed by the learned Judic......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
.... his own liability depends, he cannot take advantage of such failure. The principle that prevention by one party excuses performance by the other, both of a condition and of a promise holds good broadly in all cases. The condition of promise is excused, because the promisor has caused non-......igh Court Division which affirmed the judgment of the trial Court. 4. Mr. Abdul Wadud Bhuiyan, learned counsel has taken us to the agreement, the judgments and the material evidence on record and argues that on a plain construction of the agreement in question there is no doubt that t......ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ...... the other hand, supports the impugned judgment and order. 9. We have considered the submissions of the learned Senior Advocates of both the sides, perused the impugned judgment and materials on record. 10. Having considered clause 2.2, the High Court Division came to a finding that the co......acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ......al along with Jagabandhu Barik each in 2 annas 13 gandas 1 kara 1 keranti shares and Rajani Barik, Jamini Barik, Bhadra Chandra Barik and Dukhi Barik each in 13 gandas 1 kara 1 keranti shares. The CS recorded tenant Gopal Sajwal died in his tender age living behind 2 full brothers Avoy Sajwal and Ka......no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... trial of the case in accordance with 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) 156 ...... learned Metropolitan Senior Special Judge, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. It stands out from the record of the case that at the time of issuance of the Rule all further proceedings of the impugned ...... trial of the case in accordance with 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) 156 ..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....f properties disproportionate to his known sources of income does not arise. So, the impugned proceeding based on such perfunctory investigation containing no prima facie case, cannot stand good to proceed with. It is further submitted that the Investigating Officer could not show as ...... this respect, the learned Assistant Attorney-General has referred to the case of M Sahabuddin Vs. State reported in 11BLC (AD) 206. It is submitted that since there are available allegations on record against the accused-petitioner attracting elements of offences under sections 26(2) and 27(1)......case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......ng to section of the 2 (ট)(আ)(ই) and 4(2) of Money Laundering Protirodh Ain, 2009 with due sanction of the Anti-Corruption Commission. 37. The case being ready for trial the case record was transmitted to the Senior Metropolitan Special Judge, Dhaka and the case was registered a......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
....be by birth but by capacity." The High Court Division observed that a man could rise by capacity and merit; therefore, the High Court division found that the above contention could not hold good. 11. On proper appreciation of evidence, the trial Court rightly observed that there is ......e villagers of Gandina Hindu Community established a temple and set up the image of Sree Sree Shashan Kalimata and had been performing religious rites. During settlement operation, some lands were recorded in the name of ex-landlord but in the remark column "Kodaldoha Kalibari by the Hindu Commu......ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339. ..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......ed calling in question the legality of an order as contained in MemoNo.CJM/LB/13(Ka) 68 dated 4.8.2011 issued by the General Manager, Crescent Jute Mills Ltd. terminating the writ petitioner from his service of a labour sarder in the said Mills. 2. Facts leading to issuance of the Rule, in brie..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....rson, for the future, to go out of our kingdom, and to return, safely and securely, by land or by water, saving his allegiance to us, unless it be in time of war, for some short space, for the common good of the kingdom: excepting prisoners and outlaws according to the laws of the land, and of the p......passport if there is any criminal case pending against him. 6. In order to sit in judgment the matter we have gone through the Writ Petition, perused the annexures, relevant law and materials on record. 7. It is come into sight from the submission of the learned Assistant Attorney-General ......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ......y and extortion against the accused-petitioner, so as to connect him with the offence. We have carefully examined the FIR and charge-sheet along with the 161 statements of some witnesses available on record. It transpires from the FIR that the allegation of forging the deed of power of attorney date......inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......ned Advocates, perused the substantive application, affidavit-in-opposition and the affidavit in reply filed on behalf of the petitioner and the respondents, respectively. 6. It appears from the record that the respondent-company is a public company limited by shares and listed with the stock e......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
....ircumstances, the court may assume that no acceptable answer exists and that even if the accused had been questioned a the proper time in the trial court he would not have been able to furnish any good ground to get out of the circumstances on which the trial court had relied for its conviction"......al justice should not be violated before convicting an accused of a charge. Therefore, it is incumbent upon the court to draw to the attention of the accused the incriminating evidence which is on record and to ask him to explain his position against this indiscriminating evidence. If the accuse...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
.... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ......at on receipt of the petition of complaint, the learned Magistrate took cognizance under section 138 of the Negotiable Instruments Act and also under section 406 of the Penal Code together after recording the initial statement of the complainant under section 200 of the Code of Criminal Procedu......e loan transaction between the parties to invoke penal provision of section 406. It is a simple case of dishonour of cheque falling under section 138 of the Negotiable Instruments Act. But due to non-service of required legal notice within time and the complaint case filed out of time, the said spec..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
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