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Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....hen, he joined on 3-11-2010 and since then he has been serving in the said College with utmost sincerity and honesty. He further submits that Sheikh Md. Abul Basher was appointed as Lecturer in the department of Social Science in Degree level as per resolution of the Governing Body being No.20 dated......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....Appeal No.155 of 1996 in the Court of district Judge, Mymensingh. Subsequently the appeal was transferred to the Court of Sub-ordinate Judge, Artha Rin Adalat, Mymensingh. After hearing the parties learned Sub-ordinate Judge by his judgment and decree dated 1-12-1998 dismissed the appeal a......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ......petitioner. In the year 1976 petitioner's father died and in the year 1995 the petitioner desired to fill up the pond by earth with a view to constructing a market and residential house by taking loan from the Bank. For that purpose he went to the Office of the Tahsilder in the month of March 19..Category: Others | Date: 22 May, 2012 | Hits: 9
Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)
....the matters, we find merit in these petitions. Leave is, therefore, granted on ground No.1 and Additional ground Nos.1, 2 and 4 as under: "I. For that the writ petitioners did not prefer any departmental appeal as per regulation 59 of the Bangladesh Biman Corporation Employees (Service) Regul...... the Bangladesh Biman Corporation Employees (Service) Regulation, 1979 for termination of permanent employees without assigning any reasons by granting 3 (three) months notice or in lieu thereof on payment of 3 (three) months pay under regulation 52(1) of the said Regulations and the services of t......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. ..Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135
Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)
....the Labour Appellate Tribunal has been challenged, we will address this point before going into the merits of the Rule. The Labour Act, 2006 came into force on 11-10-2006 when the dispute between the parties was pending before the Labour Court. Section 353(b) of the Bangladesh Labour Act, 2006 is as......reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ......reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ..Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....s Jurisdiction) Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Md. Shahidul Islam......................Petitioner Vs. State and another....................Opposite parties Judgment May 13, 2012. Result: The Rule is made absolute. ......dvocate further refers the case of Abdul Rouf (Md.) alias Nayan Vs. State and another reported in 53 DLR (HC) Page 283 where their Lordships of the Hon'ble High Court Division held that. "As some payments were made by the accused persons, it cannot be said that there was any initial deception o......rker Vs. the State where a Division Bench of the High Court Division held: that "when there is no inducement or entrustment in respect of the money which on face of the allegation in the F.I.R. is loan taken for the business purpose, the failure to repay the loan money or refusal thereto, does n..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
....3. On 4-9-2009, the BSMMU published a notice in the newspaper inviting tender for procurement of Hospital Grade Laundry System to cover 2000 bedded hospital facilities. The appellant-claimant company participated in the tender through its Managing Director, Md. Shahiduzzam and got the contract award......y connections were provided at the site after about 5½ months. On 26-9-2007, the contractor-company installed the washing plant and requested the BSMMU to issue acceptance certificate for payment. But the authority did not accept the same and issue acceptance certificate. Then the claima......ter dated 24-6-2006 (Exhibit-3) was issued by the Member Secretary of the Central Purchase Committee asking clarification about (1) offer of Dryer, (II quality of machineries and (III) actual working loan for 2000 bed Hospital as the first stage tender documents of the claimant-Company did not discl..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
.... others............................Appellants Vs. Aziruddin and others.................................Respondents Judgment May 8, 2012. Result: The appeal is allowed in part and the suit is decreed in part. Cases Referred to- Bahadur Ali Sk. Vs. Azgar Ali Mun......intiffs, in short, is that the suit property originally belonged to Ranjit Kumar Kar and his three brothers in Mourashi Maliki right. Rashid Ali had been possessing the land as a tenant under them on payment of rent since 1941. Subsequently, Rashid Ali purchased the entire second schedule land from ......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. ..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....charge that burden. 7. Learned Advocate refer to certain exhibits which according to him prove payment of rent are:— i) Debit Vouchers dated 30-11-1999 & 30-11-2001 signed by both parties Exhibit Ga and Gha, ii) Statement of Accounts dated 24-10-2001 signed by both parties Exhibi......its which reveals that the appellant has paid Taka 3,37,600 in excess; ii) the plaintiffs respondents have waived and/or acquiesced their rights to question the Appellant's irregular mode of payment, having accepted such payments and having consented to such irregularity for over 15 years a...... 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. ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....to dispose of the application filed by Prof. Muhammad Yunus (petitioner) in Civil Petition No. 640 of 2011 for recalling the unsigned order dated 5th April, 2011. The leave petitions upon hearing the parties at length were dismissed in open Court on 5th April, 2011. Soon thereafter, the petitio......d from municipal jurisdiction and on the representation of the municipality, the Government withdrew the said notification on condition that the municipality would exempt existing factories from payment of octroi for 7 years. The municipality thereafter ignoring the advise of the government inf......squatter' nor a 'trespasser’ or a 'usurper' of Grameen Bank in any sense. Rather he is the person on whose ideas and innovative projects for extending collateral free small loans to the rural people, the Bank has been established and it has achieved the prestigious no..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
....s (Discipline and Appeal) Rules, 1985 (the Rules, 1985). Subsequently, the case was renumbered as Administrative Tribunal Case No. 161 of 2003. 3. The Administrative Tribunal after hearing the parties by order dated 22.09.2005 allowed the case in part by imposing minor penalty, i.e. withhold......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. ......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. ..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....r on an application under section 561A read with section 498 of the Code of Criminal Procedure the instant Rule was issued on the following terms; "Let a Rule be issued calling upon the opposite party to show cause as to why the First Court of Assistant Sessions Judge, Cox's Bazar shall not be ......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. ......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. ..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)
....very of loan amounting to Tk. 5,20,932 impleading M/s. Nasima Enterprise and others as the defendants of the suit. The defendants did not contest the suit as a result of which the suit was decreed ex-parte in preliminary form by judgment and decree dated 14-06-2000. Final decree was drawn up on 28-0......bidders participated and the petitioner being the highest bidder, his bid was accepted with a direction to pay the entire auction money within 10-04-2004. Then the sale was confirmed on 10-04-2004 on payment of the entire auction money by the auction purchaser-petitioner. On 11-05-2004, the auction ...... Uttara Bank Limited, Munshigonj Branch, Munshigonj, as the plaintiff, instituted Artha Rin Suit No.05 of 1997 in the First Court of Subordinate Judge and Artha Rin Adalat, Munshigonj for recovery of loan amounting to Tk. 5,20,932 impleading M/s. Nasima Enterprise and others as the defendants of the..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....c criminal case has already been started When a specific criminal case is started and now pending before the concerned Special Tribunals, the criminal case should be resolved there. If the party which initiated the case fail to prove the case, then the aggrieved person shall have the lib......on of the formalities of immigration, the petitioners went to the customs counter and submitted individual declaration that each of them brought gold and would like to take delivery of the same on payment of necessary customs duties and other taxes as they were entitled to bring 10 kgs gold ea......e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)
....plaintiffs produced some rent receipts also which have been marked exhibit-1 series. 8. The learned Munsif, on consideration of the evidence both oral and documentary adduced by the contesting parties dismissed the suit by the judgment and decree dated 31.12.1975. Against that judgment and de......easuring 84 acres appertaining to plot Nos.722, 723, 724, 725 and 726 of khatian Nos.143/1577 and the plaintiffs took jote settlement of the said land from the defendant No.4 in the year 1360 B.S. on payment of salami and since then they have been possessing the suit land by growing seasonal crops t...... 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. ..Category: Property Law | Date: 16 Apr, 2012 | Hits: 72
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....ion on depositing the requisite amount. 4. The pre-emptee-respondent Nos.2 to 5 appeared in that miscellaneous case and filed written objection challenging the claim of pre-emption. The opposite party No.23, namely, Abul Kashem filed an application on 24.06.1999 praying for being added as co-pr......eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....t premises in favour of the defendant upon certain terms and conditions. An agreement for lease was executed by his mother as being landlord and the defendant as tenant on 17-5-1976. The tenants were parted with possession in the suit premises. The defendant started paying rent as per the terms of t......e plaintiff on the strength of Exhibit 1. In the agreement dated 17-5-1976, the plaintiff was an witness and had signed his name as an witness. As per the terms of agreement the defendant had to make payment of rent of every month on the first day of the next month and if defaulted to pay rent for c......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. ..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
.... of Credit (L/C) No. 0935-0901-0091 dated 4-3-2009 covered under Bill of Entry No.C-39276 dated 6-4-2009. 3. In the writ petition, the averments were made, inter alia, that the petitioner is a partner of a "partnership proprietary firm" in the name and style "M/s Champa Steel Mills” dealin......dhi 18 of the Bidhimala in finding that "it appears that the importer has got no role to play when the goods are inspected and certified by the PSI agent, other than to have the goods released on payment of duties and taxes as assessed by the customs authority on submission of the Bill of Ent....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)
....mman Ali J.- This petition for leave to appeal is directed against the judgment and order dated 4.5.2010 passed by the High Court Division in Writ Petition No.7942 of 2009 making the Rule absolute in part with a direction upon the respondents to lift the curtain to enable writ petitioner Nos. 3, 4. ......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. ......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. ..Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....s altered into one for imprisonment for life with fine. The appellant could not be solely saddled with the "short gun fire injury 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 H......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. ......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. ..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 ...... The respondent-government, in all those writ petitions contested contending, inter-alia, that according to"(33Wftt" published on 4-2-2010 the government has ample power to curtail/stop the payment of government portion of salaries of the teachers and employees of the educational inst......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 ..Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13
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