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Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ......ng Judge of the Special Sessions Judge and Poribesh Appeal Adalat, Dhaka was directed to explain his position within 2 (two) weeks from date of the receipt of the notice as to why the argument of the case and the trial has not been concluded within last 2 (two) years. 3. In reply to the above, ...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......ffs instituted Title Suit No.84 of 1998 against the defendants in the First Court of Joint District Judge, Narayanganj with prayer for declaration of title and recovery of possession. The plaintiffs' case, in brief, is that the entire land of CS Plot No.158 measuring 0.93 acre including the land of ......1998 against the defendants in the First Court of Joint District Judge, Narayanganj with prayer for declaration of title and recovery of possession. The plaintiffs' case, in brief, is that the entire land of CS Plot No.158 measuring 0.93 acre including the land of the 'ka' schedule measuring 0.14 ac..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ......r sub-section (1) shall be placed by the Registration authority before the Board which shall have power to make order of re-instatement or dissolution and reconstitution of the Committee, as the case may be. 11. Section 10, however, provides power to the government to dissolve the committe......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
.... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ...... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ...... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ..Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2
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 ......rted in 2005 BCR 133, in support of his contention. 3. The learned Advocates Mr. Foyej Ahmed along with Mr. Mohammad Mohid Uddin, appearing for the plaintiff, on the other hand, submits that the case reported in 2005 BCR 133 is liable to be distinguished in as much as that decision was passed u......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 ..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. ......ns Nos. 2 and 5 for regularization on full-time basis of the services of eight honorary teachers of the Government Homeopathic Degree College and Hospital, Mirpur, Dhaka. 36. In the instant case the respondents having obtained BHMS Degree from the University of Dhaka were appointed lecture......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. ..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. ...... Md. Muzammel Hossain CJ Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and others..............Appellants (in both cases) Vs. Hamento Kumar Barmon....................Respondents (In Civil Appeal No.327 of ......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. ..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. ...... restricted only to enrolled Advocates and Attorneys. The role of Advocates as officers of the Court is to assist the Court in the administration of justice. Advocates collect materials relating to a case and thereby assist the Court in arriving at a correct judgment. Furthermore, being a responsibl......se No.235 of 1997 was filed by the appellant and his brothers before the Assistant Settlement Officer, Dagonbhuiyan, Noakhali praying for correction of recent survey map in respect of their inherited landed property. The objection case was fixed for hearing on 03.06.1997 but the appellant being unaw..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: ......্জামান খন্দকার) এডভোকেট সৈয়দা সাজেদা চৌধুরীর পক্ষে। 6. The petitioner was surprised to learn that a case was lodged with Ramna Police Station being Ramna Police Station Case No. 22 dated 10.07.08 on t......e petitioner concealed Tk. 9, 01,287 in her wealth statement. 8. The ACC failed to discover through its investigation that the aforementioned house was built jointly with other co-owners of the land on which the said house was built. Furthermore, the said amount was shown in the Income Tax Ret..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: ......g applications for license under the new Rules was issued, he filed fresh application and when his name was not included in the panel, he moved in this Court with the instant writ petition. In such a case the previous application which the writ petitioner himself abandoned by implication is not prot......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 ......lowed to proceed with the impugned Special Case No. 17 of 2011 in view of section 6 of the Criminal Law Amendment Act, 1958 with regard to the sanction of the Government before inquiry of a case like this section 6 of the Criminal Law Amendment Act, 1958 says that Criminal Proced......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 ..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. ......er section 164 of the Code implicating himself, Selim, Milon and the accused-petitioner with the murder of deceased, Shamima Akhter Baby. After investigation, police submitted charge-sheet in the case against the FIR named accused, Jony under section 302/34 of the Penal Code and non-FIR named ......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. ..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: ......sed by the High Court Division in Death Reference No.74 of 2004, which was heard along with Jail Appeal No.521 of 2004 accepting the reference and dismissing the jail appeal. 2. The prosecution case, in brief, is that on 14.05.2003 at about 10.00 a.m. in the morning when Rumi, the niece of the......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: ..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. ...... sub delegation, hence the decision of the respondents is void ab initio and mala fide. 17. Having regards to the discussions made above in lights of the fact and circumstances of the case the Rule is made absolute and, as such, an order vide memo No. 38.210.001.01.019.2011/233 dated......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. ......allocated the remaining 153 seats have seriously been affected and thus, the system of admission has been disrupted, the High Court Division erred in law in giving the above direction inasmuch as, in case the children of the writ-petitioners are allowed to be admitted in the Government Medical/...... 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. ......rned Advocates of the respective parties were well informed about the hearing. ....... (8) Functus officio The moment a judgment is pronounced and signed by the learned judges in a criminal case, the Division pronouncing the judgment becomes functus officio. Neither the pronouncing bench n......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. ......tiff-Opposite Party Judgment November 21, 2012. Result: The Rule is discharged. Section 33(7) of Artha Rin Adalaat Ain, 2003 Without delivery of possession the execution case under the Artha Rin Adalat Ain, 2003 can not be disposed of as per provision of sub-section 7 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. ......e Non-Agricultural Tenancy Act, 1949 (Act No. XXIII of 1949); section 24 The State Acquisition and Tenancy Act, 1950 (East Bengal Act No. XXVIII of 1951); section 96 In a case of pre-emption filed under section 24 of the Non-Agricultural Tenancy Act if a co-sharer tenan......t, 1950 (East Bengal Act No. XXVIII of 1951); section 96 In a case of pre-emption filed 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..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. ...... application by the impugned order No.19 dated 9-9-2009 and with that the execution Case under section 33(9) of the Ain was disposed of. It has been stated further that the last date of the case was on 30-11-2009 and 10-10-2010 was fixed for signature of the certificate. It is at this stag......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)
....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 ......upposes prior concert. Accordingly, there must have been a prior meeting of mind. For an inference of common intention to be drawn for the purpose of section 34, the evidence and circumstances of the case should be established without any room for doubt that a meeting of minds and fusion of ideas ha....... Khorshed with a view to killing Nasima out of family misunderstanding. Pursunt to the plan, on 26-9-2000, Tipu took away his wife Nasima accompanied by the accused Shahid and Khorshed to the raised land (টেক) at Solia Mouza at a distance of about 1,000 yards to the south of Moulana Bhashanni..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8