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view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
......rs filed an application to the
concerned authority for inclusion of their names in place of their deceased
father and the other lessee Syed Muhammad Ullah and that application is still
pending for decision.
4.
That the Assistant Commissioner (Land), Companygonj, Sylhet in violation of the
..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
....ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ......e petitioner along with charges were vague, that the enquiry officer in conducting enquiry did not take into consideration some very important facts and circumstances and as such arrived at a wrong decision and that the impugned dismissal order was issued in hot haste without giving reasonable..Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
.... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ......ication. He has contended that there is no cause of action to file this case and that the case was not maintainable as respondent No.1 did not prefer any appeal to the Election Commission against the decision of the Returning Officer taken on 4-12-2008 accepting the nomination paper of the petitione..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......ction 28(4) of the Ain, 2003 is not applicable and the provision of section 28(3) of the Ain, 2003 is applicable...." (Bold and underlines emphasis supplied) 20. Although the aforesaid decisions are relating to a writ petition but the principle as laid down in the said decisions is al..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......ip;………………………….............Respondent Judgment June 3, 2012. Result: The appeal is allowed in part by majority decision. Death Reference No.44 of 2002 heard analogously with Criminal Appeal No.2967 of ..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
.... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
...... the petitioner submits is now liable to be set-aside and to be declared illegal and without any lawful authority. The learned Advocate for the petitioner
in support of his submissions cited the decisions in Chittagong Cement Clinker Grinding Co. Ltd. Vs. Chairman National Board of Revenue and ..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
.... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ......ame was not ultimately selected by the Advisory Committee and excluding his name the Committee sent the panel of 3 (three) other candidates to the Ministry under rules 6(5) of the Rules, 2009 for its decision. The respondent No.1 vide the impugned order dated 26-7-2010 (Annexure-A) cancelled the sai..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......e and possession in the suit land by their alleged purchase; rather the plaintiffs purchased litigation, so the appellate Court and the High Court Division erred in law resulting in an error in the decision occasioning failure of justice in decreeing the plaintiffs' suit. The appellate Court witho..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ......lleged title by virtue of alleged purchase from Dolly Rani Sen alias Dolly Rani Roy but not from the testator Harendra Kumar Sen and, as such, they are precluded from being added as Party in terms of decision reported in 31 DLR(AD) (sic), it would be 33 DLR 254 and BLD 1980 (AD) (sic), it would be B..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....rcise of the people's power on behalf of the people shall be affected only under and by the authority of the Constitution. Article 7 does not contain empty phrases. 16. It means that all the legislative, executive and judicial powers conferred on the Parliament, the Executive and the J......o the enforcement of the fundamental rights as conferred by Part III of the Constitution of Bangladesh. 20. We shall have to examine the case laws to find out whether this Court has affirmed the decisions of the High Court Division disposing of writ petitions by granting any award of monetary c..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......l No.11 of 1990, who by his order dated 08.03. 1994 allowed the appeal and sent Case No.19 of 1987 back on remand to the Assistant Commissioner (Land), Tejgaon Circle, Dhaka for reconsideration and decision. The predecessor-in-interest of petitioner No.1, late Moqbul Ahmed, moved the Additional D..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)
....ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ......mpugned orders of termination can not be declared illegal. IV. Because in deciding the instant cases on the point of termination the High Court Division has failed to take into consideration the decision reported in 43 DLR (AD) page 154". 10. Security of Tk. 1,000/- for each case is to be ..Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135
Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)
....ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ......ined the present Rule. 3. Mr. Abdullah Al Mubin, the learned counsel appearing for the petitioner after placing the petition and the Annexures with it mainly advanced his argument basing on decision of Golam Haider Kabir Vs. Bangladesh 15 BLC 831 that in terms of section 34(1) of Ain, 2003..Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....ments have abridged the fundamental rights of the millions of citizens of this country as the same placed them at the mercy of the executive authority and as such the same is a colourable exercise of legislative power and a fraud on the Constitution. Referring to the Bangladesh Collaborators (Specia......ively or prospectively and that during amendment of the ICT Act it had any constitutional sanction. This question should be examined by this Court. 3. The learned Attorney-General has referred 3 decisions passed in WP No. 7353 of 2010, W.P. No. 5391 of 2010 and the judgment and order passed in ..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......learned Assistant Attorney General as regards exhausting the provisions of section 265C and section 241A the very application filed under section 561A would be premature is differentiated with the decision in the case of Habib (Md.) and another Vs. State represented by the Deputy Commissioner re..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
.... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
......nt-Company to replace certain new machineries, which according to the first party (Company) does not cover by the terms and conditions of the contract. Since the amicable settlement failed inspite of decision of the Syndicate of BSMMU, the claimant-company preferred to go to the Arbitration under Cl..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......ted 18-2-1953, executed by Ranjit Kar and others in favour of Sekandar Ali and Safar Ali, the High Court Division erred in failing to consider aforesaid aspect of the case and thus arrived at a wrong decision." 12. The plaintiffs claimed that originally the suit land belonged to Ranjit Kum..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
.... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ......tionship between tenant and landlord is good but when it brought to the Court, the Court shall go with the law not with the relationship, as it was then a past and closed chapter. In many of the decisions it is held that payment in lump do not exonerate defendant from eviction. We may refe..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......ng Director respectively who had attained the age of superannuation as they had exceeded the age of 60 (sixty) years as per Regulations and that they had been performing their responsibilities as per decision of the Board for indefinite period. This probably prompted the Bank to promulgate another R..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ......f Civil Procedure is not at all maintainable and the same is liable to be dismissed and the Rule be discharged accordingly. 18. In support of his submission Mr. AF Hassan Ariff has referred to a decision of our Appellate Division being the case of MD. Rupali Bank Ltd Vs. Tafazal Hossain reporte..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
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