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State Vs. Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
.... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ......urt Division an application under section 498 and obtained ad-interim anticipatory bail. 5. We simply failed to understand vise of the word ‘anticipation’. Under certain circumstances, a person may be apprehended by the police but in the instant case, a case under sections 143/323/324..Category: Others | Date: | Hits: 81
Anti-Corruption Commission Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
.... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ......ce when he moved the petition and obtained the Rule Nisi. This Court repeatedly argued that a fugitive from justice is not entitled to obtain a judicial order defying the process of the Court. When a person wants to seek remedy from a Court of law, he is required to submit to the due process of the ..Category: Anti-Corruption Laws | Date: | Hits: 186
University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)
.... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129.......that Article 52 of the Dhaka University Order, 1973 (President's Order 11 of 1973) provides that: "52. (1)—An appeal against the order of any officer or authority of the University affecting any person or class of persons in the University may be made by petition to the Chancellor who shall sen..Category: Employment/Service Law | Date: | Hits: 68
Category: Constitutional Law | Date: | Hits: 207
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ......ceeding sub-section to be cognizable for the time being, or of an offence punishable under section 54 of the Income-tax Act, 1922, as applied by section 19, except upon complaint in writing made by a person authorized by the Government or the Bangladesh Bank in this behalf: Provided that where an..Category: Fiscal/Taxation Law | Date: | Hits: 75
M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ......pted a resolution about some misdeeds and misconduct of the complainant and communicated them to his higher authority and others and thereby identified him to his higher authority as an unreliable person. Being frightened by these activities of the petitioners he made a GD with Ramna police Stat..Category: Criminal Law | Date: | Hits: 116
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......d 201/1 to 209/2 it could not be ascertained as to whether the dakhilas exhibited before the Court were related to the disputed land or not. The Court of appeal below also found that the same person put the signatures of Shailendra Kumar and Nagendra Kumar in the dakhilas and the petitione..Category: Property Law | Date: | Hits: 132
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ......A convict who seeks the interference of the sovereign to obtain revision of a judicial order must submit to the Court instead of engaging himself in setting that judicial order at naught . . . When a person seeks remedy from a court of law, either in writ jurisdiction or criminal appellate, revision..Category: Anti-Corruption Laws | Date: | Hits: 211
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......es from the passengers and charges for the luggage and parcels etc. of train Nos. 411/412, 453/954, 6455, 6455/456, 461/462 running in the route of Lalmonirhat-Burimari-Parbotipur Section; that 11 persons collected tender schedule but only two organizations submitted the tender namely, Islam Shi..Category: Civil Law | Date: | Hits: 149
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......n-8 of the said law that a formal charge be framed and the delinquent officer has to be given at least ten working days to Submit his or her statement of defence and whether she wanted to be heard in person and thereafter, the matter is to be enquired into by an inquiry officer or a team. The inquir..Category: Employment/Service Law | Date: | Hits: 118
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......ommencement, stand void and be of no effect." 14. He also referred to Indemnity Ordinance of 1975 being Ordinance No. LX of 1975 where Restriction of taking any legal or other proceedings against persons in respect of certain acts and things were brought in and the ordinance was promulgated in t..Category: Criminal Law | Date: | Hits: 101
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......ondent No. 1 by filing a statement of defence. In the statement of defence, the petitioner objected to the maintainability of the arbitration proceedings on the ground that the same filed by a person who was not a party to the arbitration agreement. It was also stated that the claim of the ..Category: Alternative Dispute Resolution | Date: | Hits: 344
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......hed by various documentary evidence as well as the oral evidence and therefore, under the equitable rule of law, the defendants who were given permission to occupy the suit premises by the original person in possession that is the plaintiff school, cannot say that the plaintiff has no title ..Category: Property Law | Date: | Hits: 82
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......andle the clearance and delivery of goods both on their arrival to and departure from any port in Bangladesh as well as to deal with the offences mentioned in the Act which may have been committed by persons bringing such goods into or sending them out from Bangladesh. One of the primary duties of t..Category: Fiscal/Taxation Law | Date: | Hits: 129
Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)
....;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ......ontested the case by filling written statement denying the material allegations made in the plaint, stating, that the claim of the plaintiff is false and the plaintiff is a mentally disturbed person and defendant No.1 being a poor deed writer is not in a possession to pay the amount as clai..Category: Criminal Law | Date: | Hits: 75
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ...... to the learned Chief Metropolitan Magistrate, Dhaka on 15.01.2004 stating that the allegations under sections 220/166/167/500 and 501 of the Penal Code were prima facie proved against the accused persons, namely the writ respondent Nos.5 and 6.The Chief Metropolitan Magistrate, thereupon transm..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......ecord of rights shall lie in such Tribunal. Mr. Nurul Amin and Abul Quashem adopted the arguments of Mr. T.H. Khan, Mr. Quashed however insisted for decision on title. We can only say if any person on behalf of so-called Bhawal Raj Court of Wards Estate or Bhawal Raj Estate is still aggrie..Category: Property Law | Date: | Hits: 67
Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)
....is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 799. ......gladesh Gazette on 16 January, 2001, old Rule 5A was substituted by a new Rule 5A providing that notwithstanding anything contained in Rule 5 or in any other instrument having the force of law, any person acting as Nikah Registrar on temporary basis under sub-Rule 5(1) on the date of commencement..Category: Civil Law | Date: | Hits: 100
Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 2008, 37 CLC (AD)
....re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 780. ......re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 780. ..Category: Administrative Law | Date: | Hits: 162
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ...... Shafique Ahmed, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For Respondent Nos. 25, 41, 44, 46-48, 50-61, 63, 65-78 and 80 (In Civil Appeal. No. 71 of 2002) Mafizul Islam (In person)- For Respondent No. 64 (In Civil Appeal No. 71 of 2002). Rafique-Ul-Huq, Senior Advocate..Category: Employment/Service Law | Date: | Hits: 118