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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. ......the respective petitioner as stated in the writ petitions (Writ Petition Nos.459 of 2005 and 1497 of 2005) was that they were appointed as 'Despatch Rider' and 'Club Attendant' at the scale of Taka 500-20-860 (in Grade XX of the revised scale of 1985) on 24-8-1987, 23-11-1987 respect..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 ...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ..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 Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises.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......thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ..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......tion paper, the word “সর্বনিম্ন” had not been given. However, the respondents tried to justify by an explanation that since the temperature range was shown as (-oc) scale, it indicated the lower to the lowest situation sequentially. With regard to question No.73 of..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...... the accused taking the plea of alibi to prove it with certainty so as to exclude the possibility of his presence at the place and time of occurrence. An obligation is cast on the court to weigh in scale the evidence adduced by the procession in scales the evidence adduced by the prosecution in ..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 ...... the accused taking the plea of alibi to prove it with certainty so as to exclude the possibility of his presence at the place and time of occurrence. An obligation is cast on the court to weigh in scale the evidence adduced by the procession in scales the evidence adduced by the prosecution in ..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
....ere sacked legally by the appropriate competent authority on compliance of all legal formalities.
13. On perusal of the case record it transpires that the learned Courts below at the time of disposal of the suit and subsequent appeal concurrently opined that under Regulation 13(2) o......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
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Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....ge, by an order dated 17-2-2008, framed charge against the accused-petitioner and others under the aforesaid provisions of law. It may be mentioned that the accused-petitioner was an absconder at the time of framing charge against him. Under the circumstances, the petitioner was wanted in the trial ...... 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. ..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... the offenders ought to have been registered under some rigorous provision of the Penal Code or under Nari-O-Shishu Nirjatan Daman Ain, does not deserve consideration by this Court at this point in time, in light of the fact that a competent Court of the land is already in seisin of the case. How......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
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