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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 ......on of the High Court Division to entertain suits to be filed under Order XXXVII as well as, such interpretation, will frustrate the purport and intent of the legislature. The correct of position law has rightly been made clear in 44 DLR 490 reads as follows:— "Summary Suit&mdash..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)
....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. ...... without pay and if yes, then, what was that, (2) what is the basis for rendering service without pay for such a long time by the honorary teachers. (3) under what provisions of law the proposal for the appointment of the honorary teachers in the newly created posts be for..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. ......, the first appellate order dated 18-1-1998, vide annexure-T to the writ petition and final appellate order dated 24-8-2004, vide annexure-'L' to the writ petition to have been issued without lawful authority and are of no legal effect and also for a direction upon the writ-respondents to re..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 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. ......d ambit has to be construed with reference to the subject matter and context wherein the term occurs. According to Black's Law Dictionary 'misconduct' means "A dereliction of duty; unlawful or improper behaviour." Affirmative misconduct means an affirmative act of misrepresenta..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....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: ......ed 18th November 2008, the Hon’ble High Court Division stayed 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..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: ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....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 ......rnment. 3. In the aforesaid backdrop of the case and to arrive at a conclusive decision with regard to the questions mentioned above, I am of the opinion that a thorough scrutiny of the relevant laws is needed for which I am inclined to issue Rule. 4.Hence, Let a Rule be issued calling upo..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ......r relatives (names are mentioned in the FIR) rushed to the house of his sister and found her dead body lying on the chowki in the veranda of the dwelling room. The informant's mother and cousin-in-law (খালাতো ভাবী), Mosammat Ismat Ara on examining the body of Baby found the t..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....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: ...... of abusing Rumi, whereupon, the accused abused them as well in filthy language and at one stage, he became furious and threatened to kill them. Then the informant along with his mother and sister-in-law came back to their house and informed about the occurrence to Milon Mia, the cousin of the infor..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
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. ......n of the Managing Committee Rehai Tarapur Sarderbari Registered Primary School, Mymensingh Sadar, Mymensingh to take disciplinary actions against them should not be declared to have been made without lawful authority and are of no legal effect and or pass such other or further order or orders as to ..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. ......ng upon the writ-respondent-petitioners herein to show cause as to why the admission test for MBBS and BDS for the session 2011-2012 held on 30-9-2011 shall not be declared to have been taken without lawful authority and is of no legal effect. In the writ petition, a direction was also sought for up..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. ......e said judgment. 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 s..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. ......e appearing for the decree-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 li..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. ......ring in section 24 of the Non-Agricultural Tenancy Act means a co-sharer in the plot not the holding as mentioned in section 96 of the State Acquisition and Tenancy Act. Such being the position of law, the pre-emptors were not even required to file an application for amendment to show that they ..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. ......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 enjoins that the petitioner ought to have resorted to section 19 of the Artha Rin Adalat Ain, 20..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 .................................Respondent Judgment November 20, 2012. Result: The appeals are dismissed. Section 164(3), the Code of Criminal Procedure, a mandatory provision of law It is a settled principle of law that the requirement of adherence to the provisions of sec..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....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. ......14-12-2011 in Nothi No.1237/AP/Section-04/2011-12 passed by the respondents (Annexure-A), by adoption of the "Deductive Value Method" in ignorance of the CRF certificate, relevant laws and rules shall not be declared illegal, without lawful authority and is of no legal effect and..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
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: ......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 Commissioner of Vested Property Cell has no lawful authority under the law to serve any such notice, therefore, the impugned notice is wholly wi..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 ....... 9. Mr. Golam Arshed, the learned Advocate appearing for the appellants submits that the Court of appeal below without applying its judicial mind into the facts and circumstance of the case and law bearing on the subject most illegally rejected the Miscellaneous Case under Order XLI, rule 19 o..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. ......s particularly the evidence of Younus Chowdhury (P.W.9); that in view of the evidence that he was seen in the company of his wife till 1-20 PM, whether the High Court Division committed error of law in giving him the benefit of doubt; whether the apprehension of Belal by the police was a pre..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21