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Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
.... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ......ienable attribute of the position it holds with respect to the Courts subordinate to it. Thus the High Court Division in a proper case possesses the inherent power to quash any proceeding Judgment or decision of any Court/Tribunal subordinate to it. But this power must be exercised very sparingly ca..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......ers is the deviation from original plan of New Super Market and violation of the mandatory provision of Rule 19 of the Dhaka City Building Construction Rule, 2007." 7. Referring to the decision of the case of Omar Sadat Vs. Bangladesh reported in 6 BLC 289, filed in the form of public..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
....gy University be allowed to continue with their regular studies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
......earlier approval letter. On 20-10-2011 4 (four) members, including the Dean, who attended the aforesaid meeting made representation to the UGC stating that the meeting was held to take arbitrary decision to abolish the Animal Husbandry education and profession. It is stated that though the UGC ..
Category: Others | Date: 14 Mar, 2012 | Hits: 5
....r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing.
Ed.
This Case is also Reported in: 9 ADC (2012) 865.
......to examine the questions involved in this petition. In view of the above, we are inclined to grant leave to the petitioner as under:
"I. For that the High Court Division erred in law in its decision in holding that a guarantor is not a defaulter within the meaning of Bank Companies Act, 19..
Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ....... The learned Advocate is support of his submission relied on the case of Dr. MA Yahia Vs. Abdul Quader, 14 BLC (AD) 109, the case of RAJUK Vs. Dhaka Water Supply, 14 BLC (AD) 129 and also unreported decision of Writ Petition No.5022 of 2005 which is disposed by judgment dated 13-5-2008, wherei..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
....d disposal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside.
Ed.
This Case is also Reported in: 9 ADC (2012) 644.
......f Agriculture and other officials of the government may be given a chance to place their case properly before the High Court Division and thereby to assist the court to reach to a correct finding and decision.
9. Mr. Mahmudul Islam, the learned Senior Counsel has made submissions supporting the..
Category: Property Law | Date: 12 Mar, 2012 | Hits: 94
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
.... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ......ization' measures are considered in an 'either-or' fashion as in the united the United Kingdom (Thomas, DA, Principles of Sentencing, Ed.1970 pages 3-7). This involves the sentence in two decisions-primary and secondary. The first determines on which side of the system the case is to be ..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ......respondent No.2. Writ Petition No.10027 of 2011. Judgment Mirza Hussain Haider J. - The petitioner obtained this Rule Nisi calling upon the respondents to show cause as to why the decision to automatically upgrade the high profile state dignitaries, so far it relates to the Memb..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ......dates in the years 1981 and 1982. 8. Mr. Alam, the learned Advocate, next submits that, in the re-organisation scheme taken by the then Government, the said two organisations were abolished by a decision taken in a meeting held on 9th April, 1982 and presided over by the then Chief Martial Law ..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ...... status as surplus employees, appointed them to the various posts under Land Ministry. 16. Against such allegations, the petitioners have filed photo copy of a letter dated 21-4-1982 showing the decision of the meeting presided over by the then Chief Martial Law Administrator wherein a decisi..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......ction 30 of the Arbitration Act read with Article 158 of the Limitation Act but that is closed chapter we are not opening that fact/dispute again. 7. On the question of submitting security, latest decision of High Court Division is that unless there be any security in any dispute, as per provisio..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......bute of the position it holds with respect to the Courts subordinate to it. Thus the High Court Division in a proper case possesses the inherent power to quash any proceeding Judgment or to set-aside decision of any Court/tribunal subordinate to it. But this power must be exercised very sparingly, c..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)
....me limit for filing a case before the Administrative Tribunal, was examined and it was expounded that from the wording of the second proviso to this Sub-section (2) of Section 4 it was clear that the legislative intendment behind this provision was to exclude the proceedings under the Administrative......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
....ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......he Penal Code. 12. We find that the conviction of the petitioner under section 147 of the Penal Code and his sentence thereunder is fully justified by the evidence and materials on record. The decision of the High Court Division being based on proper appreciation of the law and facts, does no..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
....t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......tioner has submitted also that both the trial court and the High Court Division has failed to appreciate this evidence adduced from the insurer company and consequently arrived at a wrong finding and decision. 13. Mr. Mahmudul Islam, the learned Senior advocate for respondent No.1 has made subm..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191 21 BLT (HCD) (2013) 39 ......revisional jurisdiction. The High Court Division was only concerned with the question as to whether the appellate Court in giving that finding, committed any error of law resulting in an error in the decision occasioning failure of justice", and the case of Waliullah Vs. Hasina Begum, 23 BLD 67..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
....rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162. ......onnection. The question whether writ petition is maintainable against the private bank is a settled issue. The question is no longer a res integra. Holding this view a Division Bench in an unreported decision of Haji MA Razzaque Vs. Bangladesh Bank and another passed in writ petition No.9231 of 2010..Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7
Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)
....nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ...... wrong in directing the government to implement the recommendations of the Deputy Commissioner, Noakhali in annexures-"G" and "I" inasmuch as mere recommendations of a government official being not a decision of any competent authority can not be forced to be implemented, that it is solely in the ..Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
....tribution of user fees is not illegal.
20. As the Rule matured, Mr. Manzill Murshid, learned
Advocate for the petitioner submitted that this money is being realized for a
long time without any legislative authority whatsoever.
21. Mr. Abdul Baset Majumder, learned Advocate submitted
tha......e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ......nk but failed to assess and impose the interest as per the sanction letter as well as the normal banking practice as such, the impugned judgment, and decree is liable to be set aside. Relied upon the decision reported in 37 DLR (AD) 1, he submits that it is the duty of the Court of law to assess and..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
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