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Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ...... Order Syed Mahmud Hossain J.- Delay of 02 days in filing this civil petition for leave to appeal is hereby condoned. 2. This civil petition for leave to appeal is directed against the decision dated 05.01.2009 passed by the Administrative Appellate Tribunal, in Appeal No.206 of 2006 ..

Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7

Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)

....ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97.  ......r default and lastly (c) whether the. Administrative Appellate Tribunal was justified in dismissing the miscellaneous case on the ground that the same was filed beyond 90 days relying on an earlier decision by it in another case. 7. Mr. Karunamoy Chakma, learned Deputy Attorney General, appe..

Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12

State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)

....essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......ent Md. Kamal Hossain preferred the above mentioned Criminal Appeal No.2970 of 2006 before the High Court Division. A Division Bench of the High Court Division allowed that appeal on the findings and decision that the accused-appellant had sexual relationship with the victim girl with her free conse..

Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27

Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)

....stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......order has been passed on some extrane­ous consideration or how far the order is fair and reasonable it can certainly be examined and decided by the Court. The Court cannot be debarred to examine the decision making process and the cor­rectness of the decision itself…………………………â€..

Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98

Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)

....e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......ion purchasers did not challenge any order of the Adalat before higher forum; rather he participated in the entire process. 19. The High Court Division also considered that there are conflicting decisions of the High Court Division regarding the power of Artha Rin Adalat to review its own order..

Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151

Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)

.... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ......981 discharged and set aside the judgment and decree of the lower appellate court so far as to dec­laration of plaintiff’s title in the suit land and permanent injunction upholding the finding and decision of the appellate court below to the effect that the declaration of the suit land as enemy p..

Category: Property Law | Date: 16 Apr, 2012 | Hits: 72

Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)

....ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......en paying rent as per terms of agreement he is entitled to be protected, from eviction. These points are accordingly decided negatively against the plaintiff. Let us take up the point No.(6) for decision whether the case of bonafide requirement itself is enough for eviction tenant. 22. The..

Category: Property Law | Date: 12 Apr, 2012 | Hits: 6

Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)

....tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ......ce Headquarters that the police sub-Inspectors will not be considered for pro­motion as Inspector within two years after receiving major punishment (Black Mark) vide Memo No.GA/115-86/2560(97). This decision was modified on 28.10.1997 vide Memo No. Ga/74-97)Part-2)3776(140) and provision was made f..

Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120

Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)

....six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......njury on the deceased, Abdur Rakib'' resulting his death, particu­larly when the other accused had also guns and they fired from their guns as well. The High Court Division took the right decision in affirming the sentence of death awarded against the appellant by the learned Sessions Ju..

Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2

Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)

....e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135   ......tly observed that the principle of natural justice was violated in excluding these educational institutions from the list of MPO. 12. We do not find any reason to interfere with this finding and decision of the High Court Division. Admittedly, all the three educa­tional institutions in ques..

Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13

Md. Mazakat Ali Harun and Others Vs. Export Import Bank of Bangladesh Limited and Others, 2012, 41 CLC (AD)

.... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ......ring the parties to give direction upon the respondents to hold the 9th AGM of Exim Bank partially transacted on 26.08.2008 to elect, discuss and transact the election of Directors and "have any decision to hold the 10th AGM then taken by reconstitution of the Board of Directors of the Exim Ban..

Category: Company Law | Date: 9 Apr, 2012 | Hits: 223

ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ......lso no legal binding force, and, as such, the rule as well as the supplementary rule is liable to be dis­charged with costs. 9. In support of her submissions, Ms. Hosneara Begum has relied upon decision in the cases of Talekhal Progressive Fisherman Co-operative Society Ltd. Vs. Bangladesh, re..

Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45

Rakibul Islam Vs. State, 2012, 41 CLC (HCD)

....used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......eriously prejudiced and for this lacuna the trial has been vitiated and the impugned Judgment and order is liable to be set-aside. In sup­port of his contention the learned advocate has cited on the decision the case of Mizanul Islam @ Dablu Vs. State reported in 41 DLR (AD) 151 and the case of Sta..

Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64

M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ...... No. 175 and the deed No. 15380 dated 26.4.1980, deed No. 1540 dated 18.4.1980 in respect of the C.S. plot No. 173 and the deed No. 6456 dated 17.4.1980, in respect of C.S. plot No. 171. Findings and decisions of the trial court in respect of the said deeds and documents are unwarranted and not tena..

Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113

Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)

.... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......t of design is a civil dispute and does not constitute any criminal offence. The complainant has remedy in a suit for perpetual injunction or that for damages, if any. 8. To arrive at a correct decision whether the allegations made in the complaint constitute any criminal offence particularly ..

Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218

Anti-Corruption Commi­ssion Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)

....48(1)2011 is hereby quashed. The trial Court is directed to pro­ceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......to that from the perusal of the definitions of the money Laundering and predicate offence, it appears that the matter need to be exam­ined by the trial Court on examination of evidence to reach a decision whether the allegation as brought against the petitioners is under Money Laundering Protiro..

Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138

Government of the People's Republic of Bangladesh & another Vs. Shahjahan & others, 2012, 41 CLC (AD)

.... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 113. ......ether the High Court Division was justi­fied in giving full relief to the writ petitioners with­out affording the appellants an opportunity of being heard and secondly, whether the unreported decision of this Division in Civil Petition Nos.63-67 of 1999 disposed of with other petitions by ju..

Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151

Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)

....the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ...... the High Court Division and the lower appellate court have failed to take into consideration these documentary evidence at all and also to comprehend the same and thus have failed to come to a right decision. Drawing our attention to exhibit-A the learned Counsel for the petitioner has argued that ..

Category: Property Law | Date: 19 Mar, 2012 | Hits: 76

AHM Kamruzzaman Khan Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other, 2012, 41 CLC (HCD)

....39;s records along with a copy of this judgment at once. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18. ......rt in this matter. He further contended that the relief claimed by the petitioner cannot be grounded on any provision under the Companies Act. To substantiate his submission he placed reliance on the decisions of the cases of Messrs Chalna Fibre Company Ltd. Khulna and others Vs. Abdul Jabbar and 9 ..

Category: Company Law | Date: 19 Mar, 2012 | Hits: 689

Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)

.... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ...... should be afforded an opportunity to prove the power of attorney in respect of the suit property and with these findings, the High Court Division remanded both the suits to the trial Court for fresh decision. 6. Mr. Mahbubey Alam, learned counsel appearing for the petitioners has taken us to t..

Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119