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Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......he courts below. 9. It appears that all the three courts, on proper consideration of the facts, circumstances and evidence on record and also examining the relevant law held the concurrent view that none of the circumstances and conditions stated in section 9 of voluntary Social Welfare A..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
.... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ......t present Joint District Judge, Mymensingh and was heard and the appeal was dismissed by the judgment dated 1-6-1998. Petitioner on the wrong advice of the learned Advocate of Mymensingh Bar, filed review petition being review Case No.19 of 1998 for reviewing the judgment and decree dated 1-6-1998 p..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)
....ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ......Special Provisions) Ordinance, 1979 on the ground of negligence of duty. He then preferred an appeal before the higher appellate authority which appeal was dismissed. Thereafter, he preferred a review petition which was also rejected. He then moved the High Court Division a writ petition. The ..Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4
....is acquitted from the charges brought against him.
The Rule is disposed of accordingly.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 237
......ring that the contemner, being an elderly person, the punishment if awarded may result in cancellation of his certificate to practice as a Chartered
Accountant, this Court is taking lenient view and is inclined to accept the apology offered.
19. In the result, the apology is accepted ..
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......taken up for hearing the learned Judge of the Single Bench “pointed out that the case was misconceived instead of civil revision. Writ petitioner (sic) was to be filed and not Civil Revision.” In view of the said observation of the learned Judge of the Single Bench, the learned Advocate for the ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
.... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ......al Court’s order of granting leave to defend the suit setting aside the ex parte decree was challenged in the High Court Division by the petitioner in Civil Revision No.2855 of 2006 but he lost. In view of the provisions of section 96 of the Code, the writ petition was not maintainable. 10. A..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......registered as trade union, therefore, the learned Advocate submits further that the case reported in 57 DLR (AD) is discernible one and the facts involved in this particular case particularly in view of the existence of the act of forgery detected in the instant case the said decision is not ap..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......d is still being applied by the purported Berth Operators at CP (Annexure-L series). 27. Respondent No.2 entered appearance by filing affidavit-in- opposition contending, inter alia, that in view of the preamble of Chittagong Port Ordinance, 1976 the CPA was established for the management,..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......re there are such reasonable grounds for refusing bail, in the case of any woman or any sick or infirm person. However, the respondent has not been granted bail upon these considerations but upon the view that there are no reasonable grounds for believing that she has been guilty of the offence alle..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
.... E (1) and G (to the writ petition) were the acts of collusion and fraud on the part of some of employees of the present petitioner and it was/is not the fault of the present petitioner which was not erroneously considered by the High Court Division and thus there has been occasioning of failure of ......perty was a tenant under his father was not proved by any document or material and therefore the claim of possession of the predecessor-in-interest of the petitioner has not been proved.
VI. In view of the admitted fact that the original lessee of the property in question left Bangladesh durin..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ......tions, the petitioner had expectation that he will be recruited as Sub-Inspector of Police upon consideration of merit, as well as the quota provision reserved for the sons of the freedom fighters in view of the total number of successful applicant under the quota of freedom fighter and/or their iss..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ......ing station." 36. Having considered the provisions of Article 20 of the Order of 1972 and Rule 11 of the Rules, in general, and Sub-rule (1) of rule 11, in particular, we are of the view that the Bar Council is required to publish a correct voter list at least 30 days before the po..Category: Others | Date: 18 Jun, 2012 | Hits: 7
....ment of the High Court Division is accordingly modified and the appeal is disposed of in the light of the above observations. No costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 740.
...... Therefore, the writ petition is not maintainable.
4. The High Court Division upon hearing the parties and considering some decisions of the High Court Division as well as this Division was of the view that "It is not clear to this Court why similarly situated individuals as the petitioners would..
Category: Employment/Service Law | Date: 18 Jun, 2012 | Hits: 130
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
....controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......0-2007. It also appears that the petitioner submitted his wealth statement on 18-1-2008. The High Court Division after considering the submission of Mr. Hassan Ariff as noted hereinbefore took the view that the very failure on the part of the petitioner to submit wealth statement within the peri..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
.... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ......law of limitation. The bainapatra dated 3-3-2002 is forged and is created by the plaintiff. Defendant No.1 did not take any money from the plaintiff. The case is totally false and fabricated. In such view of the matter, the suit is liable to be dismissed. 5. The trial Court decreed the suit by ..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ...... and settle all the questions involved in the suit. Though the High Court Division allowed the prayer ex parte, the defendant having challenged the said order in the appellate forum, we are of the view that whatever error the High Court Division has committed in allowing the prayer ex parte has ..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ......this instant civil petition for leave to appeal before this Division. 8. Mr. Azizul Hoq, learned Advocate, appearing on behalf of the leave petitioner, submits that the petitioner filed a review before respondent No.1 herein against the appellate order according to the newly inserted Secti..Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390
....
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
......se No.147
of 2004-2005 cannot be a proceeding under section 92(2) of the State
Acquisition and Tenancy Act. In the circumstances the writ petition cannot be
said to be not maintainable.
In
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
.... has failed to consider the error of law committed by the High Court Division by shifting the burden of proof upon the petitioner to deny the claim regarding the main bill. The Appellate Division has erroneously observed that the petitioner had not raised any objection against the claim of main bill......or the Petitioner. M Amirul Islam, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For Respondent No.1. Not represented—Respondent Nos.2-10. Civil Review Petition No. 45 of 2012. (From the judgment and order dated 14.02.2012 passed by this Divi..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)
....n have discharged the rule on assigning proper reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ......ues over which a criminal case is pending before the Chief Metropolitan Magistrate and therefore, the proceeding is liable to be quashed. The High Court Division upon hearing the parties was of the view that the Magistrate took cognizance of the offence on being satisfied that the complaint was ma..Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40
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