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Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... a Non Government Registered Primary School, namely Rehaii Tarapur Sarderbari Registered Primary School (hereinafter referred as "School") and having discharged their duties diligently with good reputation in the School since long. On 12-11-2009, an Assistant Teacher within the same ...... the Rules and procedure. She prays for discharging the Rule. 7. We have considered the submissions of the learned Advocate for both the parties, the Writ Petitions along with other materials on record in order to adjudication of the matter. 8. For the sake of our expedient, we have looked......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)
.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......ion erred in law in sending the questions to two teachers of Dhaka University and wrongly relied upon their observations without considering that their observations were wrong on the face of the record. 16. Mr. Muzammel Haq, learned Counsel, entering caveat on behalf of the writ-petitioner...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ..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. ......ld be beyond the norms and practice of this Court. 9. On perusal of the impugned judgment, and order it appears that the learned Judges of the respective Bench having considered the materials on record and relying on a decision reported in 60 DLR (AD) 1, discharged the Rule. 10. In view of......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)
.... 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. ......holder-Bank, on the other hand, by filing counter-affidavit opposes the Rule. The learned Advocate in the course of his argument upon placing the relevant provision of law and other materials on record submits that the 2nd Artha Execution Case was neither barred by limitation as per provision o...... 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
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......d under section 24 of the Non-Agricultural Tenancy Act if a co-sharer tenant owns a portion of land in any plot, he is to be treated as co-sharer in the entire plot even if the land of that plot is recorded in more than one khatian. Therefore, in the event of transfer of a portion of land of tha......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
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. ......fallacious one. In the decision as cited by the learned Advocate for respondent-bank referred to above in a similar situation a Division Bench observed:— "On going to the materials on record it transpires that the bank instituted Artha Rin Suit No. 67 of 2005 for realization of Taka ......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)
....ntariness of the confession. In so doing, he must put questions to the accused with a view to finding out the real object of the confession, whether it is made out of repentance or for any other such good reason or whether it is the result of torture or tutoring by some body or whether it has been c......dure is not a mere matter of form but of substance. Section 164(3) is a mandatory provision of law as has been settled by the Privy Council.......... (55) Statement must be voluntary Before recording a confession, a Magistrate is bound to make a real and substantial enquiry as to the volun......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)
....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: ......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: ......that section 5 (1) of the Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 confers authority on the Deputy Commissioner to evict unauthorized occupant after service of a notice of thirty days. But in the present case the Senior Assistant Commissioner of Ves..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
...., rule 19 of the Code of Civil Procedure, is whether the applicant was prevented by any sufficient cause from appearing when the impugned order was passed ex-parte. I, therefore, find there is a good deal of substance in the contentions raised by Mr. Golam Arshed, and the view taken by the......the impugned judgment and order which was according to him just, correct and proper. Mr. Azad in the course of his argument upon placing supplementary affidavit dated 8-11-2012 and other materials on record submits that the instant first miscellaneous appeal is not maintainable inasmuch as, the...... 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)
....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. ...... corroboration. As in the case of a depoÂsition, so in the case of a confession of an accused, the presumption mentioned in section 80 of the Evidence Act would arise if the conÂfession has been recorded in accordance with section 164 read with section 364 of the Code of Criminal Procedure…â......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)
.... 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.......out corroboration. As in the case of a deposition, so in the case of a confession of an accused, 'the presumption mentioned in section 80 of the Evidence Act would arise if the confession has been recorded in accordance with law, that is to say, if it is' recorded in accordance with section 164 ...... 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)
....ept a few most of the leaders have no source of income. If head of institute sells his/her head then what remain. The person who is the beneficiary (sic) of any wrong in open breast shouted for doing good, doing justice and to prevent corruption. Person sub-merged in corruption shouted for preventin......ara Moghbazar filed an application on 20-3-2004 under Order I, rule 10 of the Code of Civil Procedure. In the meantime, Mr. M Kutubuddin, learned Advocate for the plaintiffs on going through the record of the suit (Title Suit No.51 of 2004) found that the service return of summons of the suit o......yun Reza of Bara Mogbazar mutated his name with the revenue department of the Government, opened Municipal holding in his name in respect of the suit plot and took connections of various utility services, such as: WASA, Electricity and Titas gas in his own name and paid tax, rents and bills acc..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....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. ......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. ......, as it was out of time. It is not the function of the trial Court to give such a direction for payment of money after expiry of the statutory period. The cheque was dishonoured and after service of legal notice when the cause of action arose for filing the case, the complaint case was f..Category: Others | Date: 11 Nov, 2012 | Hits: 8
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17. In view of the discussions and findings referred to above I have the reason to inclined such a view that there is no room to interfere with the impugned judgment and order and hence it stands good.
18. Having regard to the facts, circumstances in the background of the discussions made h......itioners submits that the learned trial Court as well as the appellate Court during disposal of the original suit and subsequent appeal committed material illegality and irregularity. The evidence on record was not properly assessed and there has been no proper appreciation of law and as such the im...... he was promoted to the post of Junior Clerk-cum-typist and then to the post of senior clerk on 01.03.1980. He had been serving at Hatkhola Branch, Barisal to the satisfaction of all concern, but his service was terminated by the defendant No.1 on 19.09.1981. The plaintiff No.2 joined as assistant c..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....s that the facts disclosed in the charge-sheet having no tangible basis do not constitute any offence against the accused-petitioner and non-disclosure of any offence against the petitioner is a good ground for quashing the impugned proceedings. Learned advocate, in support of his submis&s......sed-petitioner approached this Court with an application under section 561A of the Code of Criminal Procedure with a view to quashing the impugned proceedings and obtained this Rule. 9. It is on record that on 25-8-2009, at the time of issuance of the Rule, all further proceedings of Special Ca...... 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
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......r-in-law of Haris Chowdhury, a Political Secretary of the then Prime Minister Begum Khaleda Zia, gave the said Jeep to him to sell; that thereafter the informant had the statement of said Abdus Salam recorded under section 164 of the Code of Criminal Procedure. In his confessional statement Abdus Sa......ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....missions advanced by the learned Deputy Attorney General are not the correct exposition of law. On the contrary submissions advanced by the learned Counsels for the defence prevail and appear to have good deals of force. 27. In the light of discussions made above and the preponderant judicial v......ed kicked him into the canal, then the accused caused him drowned to death by strangulation. Having had heard the incident from Ibrahim and Karim (P.W.1) father of the victim lodged the FIR which was recorded as Lakshmipur P.S. Case No.01 dated 01.09.1995 corresponding to G.R. No.362 of 1995. 5......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......and along with other lands of the khatian originally belonged to Ganesh Chandra Mandal, Paresh Chandra Mandal and the father of Kenaram Mandal in equal share. That in C.S. Khatian these lands were recorded in the names of Ganesh Chandra Mandal, Paresh Chandra Mandal and Kenaram Mandal in equal s......before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ......l amount shall be payable and in that case, the execution case shall proceed. By the same order, the application filed by the decree-holder-Bank under section 33(4) of the Ain, 2003 was kept with the record. The execution case was disposed of accordingly. As the judgment-debtors failed to pay the de......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
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