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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 ......Md. Raisuddin and others................Plaintiff-Respondent-Opposite-Parties Judgment July 12, 2012. Result: The rule is made absolute. It is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be settled only upon taking......iff-Respondent-Opposite-Parties Judgment July 12, 2012. Result: The rule is made absolute. It is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be settled only upon taking evidence and further in terms of the decision..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
...... Fazle Akbar; Mr. Justice BZ Kaikaus and Mr. Justice Hamoodur Rahman (as their Lordships then were) wrote separate judgments, dismissing the appeal and upholding the conviction and sentence. The facts that had led to the issuance of a suo motu rule by the Lahore High Court were that, Mr. Snilso..
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: ......ticipated in the said auction on 21.01.2008, but failed to succeed. Thereafter, the petitioner as 3rd party claimant to a part of the auction sold property (hereinafter referred to as the property in question) filed an application under section 32 of the Ain, 2003, by depositing 25% of the decreetal......n) filed an application under section 32 of the Ain, 2003, by depositing 25% of the decreetal amount as mandated in sub-section (2) of section 32 thereof (we do not consider it necessary to state the facts relating to the claim of the petitioner to the property in question in disposing of the leave ..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. ...... copy” of “entry in banker book” within the meaning of section 4 of the Banker’s Book Evidence Act, 1891 disclosing such fact as would prove consideration for the instrument or instruments in question in accordance with the provisions of rule 3 of Order XXXVII of the Code; the defendant, Ame...... World Financial Centre, American Express Tower, New York, USA represented by the Attorney Mr. Rezwanul Haque, Advocate got itself added as respondent No.3. 6. In the body of the writ petition, facts were stated in a more cumbersome manner which are as follows: The cause of action of the..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 ...... in a proceeding particularly which is of civil nature is that the court concerned has to consider whether the presence of the applicant is necessary for the purpose of adjudication of the dispute in question completely and effectually and in doing so we find that question before the respondent No. ......ent No. 3 rejected the appeal of the respondent No.4, to be 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 forg..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: ......ise all powers and do all acts and things which may be exercised by the respondent No.1. Section 5(2) of the Ordinance states further that the Board in discharging its functions shall be guided on question of policy by such directions as may be given to it by the government. Section 8 of the Ord......ior to that at the time of filing the instant writ petition on 25.05.2010 they had no knowledge of the contents of the said tender schedule. As such, there has not been any suppression of material facts. 36. Further, it has been asserted that under Article 58D(1) of the Constitution of the..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. ......ate, reported in 8 MLR (AD) 53 = 55 DLR (AD) 33, wherein at paragraph 13, it has been held "The powers to release ah accused-person on bail under section 498 CrPC are virtually unlimited and the question is entirely one of discretion bearing in mind the general principle that in refusing bail i...... that case, and, as such, held that it cannot be used against the accused-appellant or against the co-accused. This decision cited by the learned Advocate: for the petitioner is not applicable to the facts and circumstances of this case as because in this case investigation going on and this court i..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:
......udgment and order dated 16th and 17th April, 2002 passed by a Division Bench of the High Court Division in Writ Petition No.1806 of 2000 making the Rule absolute.
2. The writ petition was filed questioning legality of listing House No.240 at Road No. (21 (old)/ 11/A (new)) in Dhanmondi Residen......ity of listing House No.240 at Road No. (21 (old)/ 11/A (new)) in Dhanmondi Residential Area in the ‘Kha’ list of the abandoned buildings published in the Bangladesh Gazette.
3. The facts figured in this appeal are summarized below:
The writ petition was filed stating, inter ..
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 ......ta requirement has not been adhered to by the respondents remains uncontroverted and in that view of the matter it cannot be said that the respondents have acted within lawful authority. 18. The question that arises for consideration is whether these memos have aroused an expectation in the min......ce with the aforesaid Memos dated 17-3-1997 and 5-5-02010 (Annexure-A and A-1) and/or why such other or further order or orders as this Court may seem fit and proper should not be passed. 2. The facts leading to the issuance of the Rule, in brief, is that the petitioner is a well-educated and q..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. ......4546 of 2012). Judgment Syed Mahmud Hossain J.- Civil Petition for Leave to Appeal No.1434 of 2012 and Civil Miscellaneous Petition for Leave to Appeal Nos.622-624 of 2012 involving similar questions of law having been heard together and are now disposed of by this common judgment. ......ppeal No.1434 of 2012 is directed against the judgment and order dated 20-5-2012 passed by a Division Bench of the High Court Division disposing of Writ Petition No.4546 of 2012. 3. The relevant facts for the purpose of disposal of this Civil Petition for Leave to Appeal are as follows:- ..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.
.......312 of 2008
(From the judgment and order dated 19.11.2006 passed by the High Court Division in Writ Petition No.2961 of 2005.)
Judgment
Surendra Kumar Sinha J. - In this appeal the pivotal question raised on behalf of the appellants is whether the writ petitioners who were appointed on co......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
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. ......the petitioner under the first part of section 26(2) (Ka) of the Ain, 2004 making him liable for prosecution. In this regard, we also endorse the view of the High Court Division that "However, the question whether the accused-petitioner was really served with notice in time to respond or wheth......y served with notice in time to respond or whether he was prevented by sufficient reasons from submitting wealth statement within the specified time, we essentially defence pleas and controversial facts which are to be decided by the trial Court on the basis of evidence to be adduced by the part..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. ......onal evidence at the appellate stage and, as such, the impugned judgment should be set aside. He further submits that the High Court Division came to the finding that defendant No.1 did not raise the question of genuineness of his signature on the 'bainapatra' at the trial and that no such issue was......tle Appeal No.370 of 2003 allowing the appeal and reversing those dated 9-8-2003 passed by the Senior Assistant Judge, Sixth Court, Dhaka in Title Suit No.195 of 12002 decreeing the suit. 2. The facts leading to the filing of this appeal, in short, are as follows: - The petitioners as the ..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. ......s of the deed of gift, the thumb impressions appearing therein should be examined by an expert for the purpose of enabling the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit. Though the High Court Division allowed the prayer ex parte, the de......o grounds, firstly; the High Court Division erred in law in making the impugned order without affording the defendant any opportunity of being heard and secondly; the plaintiff suppressed material facts in obtaining the impugned order, inasmuch as, he made similar prayer which prayer was rejecte..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. ......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. ......04 allowing the appeal and reversing the decision dated 18-1-2004 passed by the Administrative Tribunal, Dhaka in Administrative Tribunal (AT) Case No.199 of 2003 (new)/191 of 2001 (old). 2. The facts, leading to the filing of this petition, in a nutshell, are that on 23-6-1981, the peti&s..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.
......ition and
obtained rule.
6.
The respondent No.1 opposed that rule. The material case of the respondent No.1
was that though the predecessors of the writ petitioners took lease of the land
in question from the government for a period of 25 years the writ petitioners
did not take any step fo......
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.
..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
....ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ......ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ......2653/98 dated 19.07.1998 (annexure-D) was issued against the petitioner containing the charges. The petitioner by his reply dated 04.08.1998 (annexures-E and E-1) denied the charges and explained the facts in respect of the said charges. But after an enquiry into the allegations against the petition..Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
.... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ......, learned Advocate, appearing on behalf of the review petitioner, submits as under: 1. The Appellate Division committed an error apparent on the face of the record to ascertain that the material question of law regarding burden of proof was upon the respondent Nos.1 and 9 to prove their allegat...... of 2011 dismissing the same and partly affirming the judgment and order dated 15-12-2009 passed by the High Court Division in Election Petition No.8 of 2009 allowing the same on contest. 2. The facts, leading to the filing of this petition for review, in a nutshell, are:— In the ele..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. ......the parties was of the view that the Magistrate took cognizance of the offence on being satisfied that the complaint was made after compliance of formalities and that the petitioner raised disputed question of facts which can only be decided on evidence. Learned counsel appearing for the petitio......s was of the view that the Magistrate took cognizance of the offence on being satisfied that the complaint was made after compliance of formalities and that the petitioner raised disputed question of facts which can only be decided on evidence. Learned counsel appearing for the petitioner raised s..Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....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 ......llip;……….......................Applicant Vs. Commissioner of Taxes... .............................Respondent Judgment June 3, 2012. Result: All the questions raised in the reference applications are decided in the affirmative in favour of the Depar......ound-before it and in not rejecting high rate of profit @ 33.35%. 7. The assessee raised an additional question in the supplementary affidavit, which is as under:— Whether in the facts and circumstances of the case, the Tribunal was legally justified to pass a perfunctory order ..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
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