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Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ...... 16. Since it is our concerned view that appointment of the Administrator upon dissolving the Executive Council on 15-5-2012 under section 9(1) of the Ordinance is ex-facie illegal and without jurisdiction as such preparation of voter list by the Administrator, respondent No. 7 and to submit ..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
.... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ...... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ...... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ..Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2
Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)
....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 ......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 ......lly laid down that the procedure under Order XXXVII shall apply only to the High Court Division and the District Court. That is, both the High Court Division and the District Court has the concurrent jurisdiction. However section 15 of the Code of Civil Procedure 1908 has provided that every suit sh..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)
....going on then all on a sudden the DG, Health Directorate decided to absorb MBBS Doctors from different Medical Colleges, Hospitals and Health Directorate to the aforesaid created posts which is totally contrary to the object of creation of the said posts. In the meantime the writ responde......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ...... ever mooted. Neither in the writ petition nor in the leave petition the appellant had taken any ground questioning the authority of the Government to pass the impugned orders on the basis of lack of jurisdiction or the principle of promissory estoppel. 42. The position of law is well settled t..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. ......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. ......was contended that the entire proceedings including the framing of charge, appointing enquiry committee, considering the inquiry report and passing the final order of dismissal were done without jurisdiction and, as such, void ab initio; the Director, Administration was not authorized in law to..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....nd asked to bribe and influence the judge to obtain a favourable order. The Disciplinary Committee of the Bar Council found the Advocate guilty of "misconduct" which made the Advocate "totally unfit to be a lawyer". The Supreme Court of India held that the legal profession is not...... 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. ...... Court as well as agent of the client, the Advocate has to adhere to a standard of conduct which is befitting of his status and responsibility……………(24) In most jurisdictions, the members of the legal profession are conferred the status of privileged members of..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
...., Anti Corruption Commission, under Sections 26(2) & 27(1) of the ACC Act and Rule 15 of the Emergency Power Rules 2007. It has been alleged in the F.I.R, inter alia, that the petitioner gained a total of Tk. 13, 75, 223 out of her known source of income and she, intending to keep the said amoun......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: ......all proceedings of the aforementioned case against the petitioner: the stay have been extended up till now. However, there are case laws suggesting at when there is alternative remedy available, Writ jurisdiction of the Court should not be invoked, and hence the petitioner is about to seek non-prose..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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: ......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: ......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)
....l-Mamun having opened two Accounts being Account Nos. 85184201 and 96893281 with Nat West Bank, Aldwych Branch, London illegally deposited œ 2,08,568.65 and œ 2,43,750.43 equivalent to in total a sum of Tk. 6,01,57,762 in these two accounts; the accused-persons in collusion with each oth...... the consequence of non-compliance of the proviso, it has not been said that for non-compliance, that is for want of sanction of the Government, the proceeding will be invalid or null and void and in absence of the declaration of any consequence for non-compliance, the very proviso is not mandatory.......rovisions of Criminal Law Amendment Act. He also referrers to us section 4(4) of the Criminal Law Amendment Act and submits that in that sub-section learned special Judge has been given the jurisdiction to try such case when offence has been committed out side Bangladesh without sanction o..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
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. ......istered Primary School. Despite very much clear provision of law that the DC (CPE) is only authorized person to stop the Government portion of salaries of Non Government Registered Primary School. In absence of any provision of sub delegation the DG CPE cannot delegate his power to others. It is ind......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. ..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....s bearing Roll Nos.133202, 131280, 131253, 324146, 321468, 152113, 131465, 131094, 322893 and 132523 were imaginary. The same answer keys, processes and procedure were applicable to all examinees. In total, 50027 candidates appeared in the MBBS/BDS admission test for the year 2011 out of which, only......d by it might have been inclined towards the writ-petitioners and consequently might have been persuaded to give favourable marks as well as to submit a favourable report to the Court and in the absence of any opportunity to cross-examine the experts on their assessment of the relevant answer s......e High Court Division under article 102 of the Constitution on the submission that the issues involved in the writ petition were disputed questions of fact which could not be adjudicated upon in writ jurisdiction, which is decided in a summary manner relying on the affidavit-evidence only. He elabor..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. ...... 7. We have heard the learned Advocates of the respective parties, perused the application as well as the impugned judgment. 8. It is true that the Rule was heard by a vacation Bench in absence of the learned Advocate of the petitioner. It is the norms and practice of this Court that t......ion Bench without informing or intimating the learned Advocates of the petitioner which is beyond the norms and practice of this Court. It was further submitted that the said vacation Bench was given jurisdiction to hear old cases only; but the instant case is not so old one; apart from this the Vac..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
.... 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. ...... 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. ...... 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)
....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. ......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. ......ed of an thereby erred in summarily rejecting the writ petition. He lastly submits that the decree being in preliminary form, the suit remained pending and thus the Artha Rin Adalat had the jurisdiction to consider the application for stay under section 44 of the Act and to grant installme..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 ......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 ......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
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
.... on 27-10-2011 issued a Clean Report of Findings (CRF) being No.BVIIIdob29 dated 27-10-2011 certifying the petitioner's HS Code as correct and determined the GIF value of the goods in question in total US$ 1, 63, 105, 02. 8. On arrival of the goods in Chittagong Port on 10-11-2011 the petit......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. ......to and that only interpretation of certain provision of law as to the applicability of the same in a admitted given situation being the efficacious remedy, the importer could avail the writ jurisdiction for speedy and adequate remedy in order to release their goods instead of restoring to ..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the schedule of the impugned notice originally belonged to Sreemoti Hemlata Sarkar and others, who proposed to sell it in 1963. Petitioner’s husband Sheikh Ali Ahmed agreed to purchase the land for total consideration of Taka 59,000/-, out of which the said Hemlata and others received Taka 45,000/......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: ......orized occupant in the land. The Senior Assistant Commissioner of Vested Property Cell has no lawful authority under the law to serve any such notice, therefore, the impugned notice is wholly without jurisdiction. In response to a query made by the Court, Mr. Hossain apprises that the land has alrea..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
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 ...... 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 ...... 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
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