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Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)
....ve from Court to defend—The scheme of Order XXXVII is summary one and a departure from the procedure provided for ordinary suit. In the instant case there being no application filed within time mentioned in the summons, the question of granting leave does not arise. On the failure of the ......defend the suit (by filing written statement, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179 ..Category: Administrative Law | Date: 28 Nov, 2012 | Hits: 5
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....rder of the Ministry of Health and Family Welfare vide Memo No.Jana Sastha-1/Homeo-4/93/28 dated 25-1-1999. After completion of necessary formalities these 7 (seven) petitioners were selected as part-time teachers of the said college provisionally without pay. The order of appointment of the writ pe......-1/Homeo-4/93/28 dated 25-1-1999. After completion of necessary formalities these 7 (seven) petitioners were selected as part-time teachers of the said college provisionally without pay. The order of appointment of the writ petitioners was communicated to them by the Director General of Health ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......he Bangladesh Public Administration Training Centre, Savar, Dhaka, in short, BPATC, a statutory public authority established under the provisions of Ordinance No. XXVI of 1994. Although the appointment letters were issued by the Rector, de jure, appointing authority was the Board of Govern..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....e of the appellant is that no additional written statement was filed by the review petitioner against the statements made by way of amendment of complaint, rather, the respondent No.1 admitted at the time of hearing of the amendment petition on 09.05.2002 that those two letters dated 17.05.1998 and ......se as reported in 1982 BCR (HCD) 240 one Kazi Abdul Khaleque was permanently removed from the Roll of Advocates of the Bar Council as an Advocate by the Tribunal on the ground that he had obtained an appointment of Legal Advisership of Alijan Jute Mills falsely representing himself as an Advocate be..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
.... in the name of her dependants, within 7 working days from the date of the receipt of the said notice. The notice further stated that if the statement of assets is not submitted within the stipulated time, she will be prosecuted under Section 26(2) of the ACC Act. The contents of the notice from the......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....iry to be held by the District Registrar. Accordingly he held the enquiry and sent his report under Memo No. 433 dated 19.7.2007 with positive comments about the writ petitioner (annex-E). In the meantime, father of the writ petitioner Md. Abdur Rab died. During the matter was pending, the Muslim Ma...... Md. Shamsul Huq, Advocate-For the Added Respondent No. 7. Writ Petition No. 6490 of 2010 Judgment Md. Ruhul Quddus J.- This rule nisi at the instance of an aspiring candidate for appointment as Nikah Registrar was issued to examine the legality of a panel of three candidates for..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....sp;2 (ট) (আ) (ই) (I) and section 13 of the Money Laundering Protirodh Ain, 2002 and that the prosecution may proceed with the case in accordance with law. He submits that by this time as many as 7 P.Ws. have been examined in the case. For delaying the process of proceedings of t......ceeding is unwarranted 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) 41 ..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....ears when the statement under section 342 of the Code of Criminal Procedure was recorded on 08.05.2004. The occurrence took place on 16.05.2003 and therefore the accused was aged only 24 years at the time of occurrence. In this regard we may refer to the decision reported in 13 DLR 203 in the case o......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....11 in the above manner the writ-respondents have filed this petition for leave to appeal. 15. Mr. Mahbubey Alam, learned Attorney-General, who also appeared before the High Court Division at the time of hearing of the Rules, has made similar submissions as were made before the High Court Divisi......the experts are senior professors of Dhaka University and as such, there must not be any objection as to their competence, and no objection as such was ever made by either party at time of their appointment. So, in our opinion, a professor of the Dhaka University possesses the requisite experi&..Category: Others | Date: 22 Nov, 2012 | Hits: 20
MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
....ent. 12. Section 369 of the Code of Criminal Procedure provides as follows: 369—Court not to alter judgment.— Save as otherwise provided by this Code or by any other law for the time being in force no Court when it has signed its judgment shall alter or review the same, except ......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. ..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
....the Court, the decree holder bank without exhausting the mandatory provision of section 33(6) of the Artha Rin Adalat Ain, 2003 filed the 2nd Artha Execution Case No.111 of 2005 beyond the stipulated time of limitation. 7. Mr. Md. Imam Hasan, the learned Advocate appearing for the decree-holder...... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ovember 20, 2012. Result: The Rule is discharged. Restoration to section 19 for setting-aside the ex-parte decree After passing of the impugned order, the petitioner for the first time rushed before this Division and obtained the present Rule. In this situation the law enjoi......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. ..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....e tried as per law. 6. The defence version of the case, as it appears from the trend of cross-examination of the prosecution witness and the statement made by the condemned-appellant Tipu at the time of his examination under section 342 of the Code of Criminal Procedure, is that they are not re......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 ..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....issioner to evict unauthorized occupant after service of a notice of thirty days. But in the present case the Senior Assistant Commissioner of Vested Property Cell issued the notice giving seven days time, although the petitioner is not an unauthorized occupant in the land. The Senior Assistant Comm......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....idered that the appellant permanently resides in Dhaka, who on the day fixed for hearing of the appeal due to heavy 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 th...... 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 ..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....i Mahbub-uddin Ahmed..........Respondent Judgment November 14, 2012. Result: The appeal is dismissed. Confession A confession is an admission made at any time by a person charged with a crime, stating or suggesting the inference, that he committed the c......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. ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
..................Respondent Judgment November 14, 2012. Result: The appeal is dismissed. Confession and second confession A confession is an admission made at any time by a person charged with a crime, stating, or suggesting the inference, that he committed the ...... 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...Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
...., had gone to Canada for taking higher training in 1960 and after completing training, he came back to this Country and again joined C & B and was promoted as the Executive Engineer. At that time, the then Dacca Improvement Trust (DIT) now RAJUK published notice for allotment of plots ......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. ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....o.118 of 2010 rejecting prayer for discharge of the accused-petitioner, should not be set-aside or and/or pass such other order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule, all further proceedings of the aforesaid Sessions Case No.118 of 2010 ......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ..Category: Others | Date: 11 Nov, 2012 | Hits: 8
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4