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....lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ......bandoned property. The remedy provided under Ordinance No.LIV of 1985 is available only when a property was listed in the official Gazette in accordance with section 5 of the said Ordinance. In the absence of any such list or any Gazette notification, it cannot be said that the writ petitioner h......1998.) Judgment Surendra Kumar Sinha J. - The question arose that in this appeal is whether in presence of an alternative remedy, the High Court Division is justified in invoking its writ jurisdiction to interfere with the order of Revenue/Settlement Officer who had directed to change t..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
....The application was registered as Miscellaneous Case No.21 of 2006. The Artha Rin Adalat upon hearing the parties dismissed the petition on the ground that the applicants did not deposit 25% of the total amount required under section 33(2) of the Artha Rin Adalat Ain. Thereafter, they renewed the......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......2007.) Order Surendra Kumar Sinha J. - Plaintiffs in a suit for realization of Tk.8, 46,795/- seek leave from a judgment and order of the High Court Division exercising its revisional jurisdiction. 2. The suit in question was decreed ex-parte and pursuant to the decree, the de..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
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 ...... 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 ......f the Appellate Division passed in the case of Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja, 20 BLT (AD) 47 submits that, this Court in on the chronological happenings of the case have jurisdiction to condone the unusual delay happened which find support from reported decision and fur..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
....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
......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
...... from getting involved in any altercation appears to have miscalculated by some quarters and indulged them to cross their boundary and to trespass into the matters distinctively falling within in the jurisdiction of this Court, according to the contour delimiting the powers and functions of the thre..
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....ny of the courts below. 8. Mr. Karim, lastly submits, that as per requirement of sub-section (2) of Section 179 of Sarama Ain 2006 the respondent No. 4 has to show that they represent 30% of the total employee available with the bank and for that purpose the respondent No. 4 adopted the me......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 ......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 ..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)
....ly demarcated 12(twelve) berths at CP, where each group of berth Operators can only work at its designated berth. A group leader had been selected for each group, who would organise and manage the total operational activities of its respective berth. Furthermore, 15(fifteen) other stevedoring fi......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: ......arry out the routine function of the government. Such a government could not take any policy decision as such, the impugned notification bearing SRO No.266-Ain/2007 dated 27.11.2007 was beyond the jurisdiction and powers so vested upon the non-party caretaker government under the said provision ..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. ...... 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. ......l position, if at all required, it is quite relevant to refer to the case of Prahlad Singh Bhati Vs. NCT Delhi, reported in AIR 2001 SC 1444, wherein, at paragraph 8, it has been held that, "The jurisdiction to grant bail has to be exercised on the basis of well settled principles having regard..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
....al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
......al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
......the Court of Settlement intact the writ-petitioner cannot have any declaration that enlisting of the disputed property in the ‘kha’ list of the abandoned buildings was illegal and without jurisdiction. The High Court Division noticed the existence of the judgment of the Court of Settleme..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....etitioner 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 issues. 5.......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 ......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 ..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. ...... words which imported that the act should be done in a particular manner or time, and not otherwise. The use of such words is often very conclusive of an intent to impose a limitation; but their absence is by no means equally conclusive that the statute was not destined to be mandatory. Lord Ma......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. ..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.
...... "It is not clear to this Court why similarly situated individuals as the petitioners would somehow be disentitled from having their expectations be similarly recognized and met particularly in the absence of declared and ascertainable objective criteria or an attempt at reasonable or permissible ......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.
..
Category: Employment/Service Law | Date: 18 Jun, 2012 | Hits: 130
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
....sion against the defendants. 3. On 3-3-2002, defendant No.1 executed a bainapatra in favour of the plaintiff on receipt of Taka 50,000 out of the total consideration of Taka 60,000 for selling the land appended in the schedule to the plaint. On t...... 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. ......ellate Court in appropriate cases can obtain additional evidence including taking opinion of the handwriting expert to come to a correct decision. Such initiative of the appellate Court is within its jurisdiction and is not an access to its jurisdiction...........................(20) Lawyers In..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. ......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. ...... challenged an order of the High Court Division allowing the plaintiffs prayer for examination of the disputed thumb impressions appearing in an unregistered deed of gift in exercise of revisional jurisdiction without affording him any opportunity of being heard. 2. Respondent No.1 institute..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....-7, Taxes Zone-3, Dhaka ( hereinafter referred to as the DCT). The DCT made an assessment under section 83(2) of the Income Tax Ordinance, 1984 (hereinafter mentioned as the Ordinance), assessing the total income of the assessee at Taka 6,71,02,964 rejecting the book version of the assessee-app......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....in the mischief of culpable homicide amounting to murder and therefore, the conviction is illegal. It is further contended that the knowledge or intention to commit an act specified in section 299 is totally absent in this case and therefore, act of the appellants cannot constitute any offence ...... the view that there is no evidence that these two accused drove Rupinder Singh to jump into the well without the option of pursuing any other course, the result might have been different in the absence of evidence that these two accused inflicted injury on Rupinder Singh and then he was thrown......dges failed to appreciate the definition of ‘অপহরণ’ defined in the Ain, 2000. What's more, the Court is not concerned to see whether or not the objection as regards the jurisdiction of the learned Sessions Judge to try the offence was raised. 33. The Court is requ..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
.... request dated 27.11.2005 made for the supply and implementation of the Contract for NGN, Optical Transmission and datacom Equipment, Contract being (Contract No.00005005011300A) (“Contract”) for total value of U$S 300,000 wherein a discount of approximately Tk. 61% was allowed on all subsequent......contract to be served by the respondent as a normal practice. In such business a service contract is also entered simultaneously with the supply contract. Nevertheless, there not being one and in the absence of such service contract, the respondent No.2 company upon receiving instruction from the re......the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
.... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
...... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
...... Ms. Israt Jahan, the learned Assistant Attorney-General (AAG) though conceding the facts of the case as assured by the petitioner, raises the question whether the petitioner can invoke the writ jurisdiction when an alternative remedy lies against the same under sub Rule 7 of Rule 3 of the Rule..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
.... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ...... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ...... vide the impugned Memo No.Bichar-7/2 N-38/83-504(Annexure-A). 3. At this juncture the learned Advocate for the petitioner submits that under rule 6(5) of the Rules the Advisory Committee has no jurisdiction to curtail the name of any candidate, rather on receipt of the application of qualified..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....nce. The Niskor was subsequently sold in auction for arrears of cess and one Baksha Ali Mia @ Baksha Ali Patwary purchased the same in auction and got delivery of possession and sale certificate. The total area of this Niskor was 15 drones covering different mauzas. During the CS operation of 1915-1......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ..Category: Property Law | Date: 30 May, 2012 | Hits: 33
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