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Anwarul Islam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Education and Others. 2015, 44 CLC (HCD)

..............Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Education and others...................Respondents Judgment May 26, 2015. Result: The Rule is made absolute. Vio­lation of the Regulation and disobey the Source and Limitation o......itioner Vs. Bangladesh, represented by the Secretary, Ministry of Education and others...................Respondents Judgment May 26, 2015. Result: The Rule is made absolute. Vio­lation of the Regulation and disobey the Source and Limitation of Authori­..

Category: Administrative Law | Date: 26 May, 2015 | Hits: 1

Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)

....;………………….Petitioner Vs. Judge, Artha Rin Adalat & others..............Respondents Judgment May 25, 2015. Result: The Rule is discharged. Timing for Inviting Tender for Auction— Section 33(1) has allowe......চারকের কার্যদিবস) should be taken into consideration. Even the Court in which the Judge-in-charge is sitting temporarily this section applies in verbatim, That is to say absolutely in terms of the law as it stands.         &n..

Category: Banking Law | Date: 25 May, 2015 | Hits: 0

Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)

....lam………………...Petitioner Vs. Anti-Corruption Commi­ssion and others............Respondents Judgment May 18, 2015. Result: The Rule is disposed of. Case Referred to- AA Engineering Ltd. Vs. Khulna University, 66 DLR (......vision of section 3(3) of the VAT (which pro­vides that VAT will be paid by the service renderer). Therefore, the learned Senior Counsel sub­mits that in all fairness this Rule should be made absolute declaring the Memos impugned against to be without lawful authority. 10. Mr. Md. Khurs..

Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2

Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)

....95). Judgment Syed Mahmud Hossain J. — This appeal by leave is directed against the order dated 20-7-1999 passed by the High Court Division in Writ Petition No.1774 of 1995 making the Rule absolute in part and directing the appellant to take steps for final assessment of compensation...... Judgment Syed Mahmud Hossain J. — This appeal by leave is directed against the order dated 20-7-1999 passed by the High Court Division in Writ Petition No.1774 of 1995 making the Rule absolute in part and directing the appellant to take steps for final assessment of compensation in a..

Category: Administrative Law | Date: 12 May, 2015 | Hits: 6

Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)

.... the national anthem. Such commercial use of national anthem shows utter disrespect to the national anthem. National anthem can be played only at the places and on the occasions specified in the Rules. The restrictions so imposed have been done for protection and preservation and upholding the ...... Civil petitions for leave to appeal are directed against the judgment and order dated 5-8-2010 passed by a Division Bench of the High Court Division in Writ Petition No. 8493 of 2010 making the Rule absolute with directions. 2. Both the petitions for leave to appeal aris­ing out of the sam..

Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

.... with law. The third safeguard is that no citizen shall be deprived of life or personal liberty except in accordance with law and finally, no citizen shall be subjected to cruel or inhuman treatment. Rule of law is the basic rule of governance of any civilized society. 10. The scheme of our Con...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

.... with law. The third safeguard is that no citizen shall be deprived of life or personal liberty except in accordance with law and finally, no citizen shall be subjected to cruel or inhuman treatment. Rule of law is the basic rule of governance of any civilized society. The scheme of our Constitution......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86

Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)

..................Appellants Vs.  Government of Bangladesh and Others…………….............Respondent Judgment April 30, 2015 Result: The Rule is discharged. Case Referred to- Bhawal Raj Court of Wards Estate represented by its ...... the Rules, 1955, in the names of the petitioners, and, as such, the impugned notices as issued by the respondent No. 4 Appellate Authority without setting aside the earlier order dated 10-2-2002 was absolutely without jurisdiction. He further argues that pertinency of rule 42 of the Rules, 1955 is ..

Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4

Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)

....ukunuddin Mollah (Md.) and others.............Petitioners Vs. Artha Rin Adalat 2nd Court and others.....................Respondents Judgment April 27, 2015. Result: The Rule is discharged. The Auction Pur­chaser Acquired a Legal Right as Auction Pur­chaser......des that where no application is made under rules 89, 90 or 91 and where such application is made and disallowed, the court shall make an order confirming the sale and thereupon the sale shall become absolute and the court shall grant a certificate specifying the property sold and the name of the pe..

Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10

Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)

....ellip;………………………………………Opposite Parties Judgment April 20, 2015. Result: The Rule is discharged. Case Referred to- Mirza Vs. Government of the Peoples Republic of Bang......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbe­fore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ..

Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2

Moinuddin Hasan Rashid Vs. Registrar, Joint Stock Com¬panies and Firms and another, 2015, 44 CLC (HCD)

....upon the hold­ing of such AGM. The cost of this Application shall be borne out of the funds of the Company. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 326   ......ticable for the Company to hold an AGM. This Court notes that the notion of "impracticability" has received a judicial treatment distinct from "impos­sibility". The element of absolute intractability focal to an impossible situation has been found to be absent in scenarios de..

Category: Company Law | Date: 15 Apr, 2015 | Hits: 7

Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)

....er............Plaintiff-Petitioners Vs. M Safiul-Alam....................................Defendant-Opposite-Party Judgment April 13, 2015.     Result: The Rule is discharged. In deciding the question of rejection of a plaint— Court while d......ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed.      This Case is also Reported in: 67 DLR (HCD) (2015) 317. ..

Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10

Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)

....ainst the respondent No.1 and others. Challenging the proceeding, the respondent No.1 filed an application under section 561A of the Code of Criminal Procedure in the High Court Division and obtained Rule which was made absolute by the impugned judgment. The Anti-Corruption Commission (ACC), then, h...... No.1 and others. Challenging the proceeding, the respondent No.1 filed an application under section 561A of the Code of Criminal Procedure in the High Court Division and obtained Rule which was made absolute by the impugned judgment. The Anti-Corruption Commission (ACC), then, has filed this Crimin..

Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8

Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)

....Court Division. Earlier, the matter was heard by a Division Bench of the High Court Division. But because of conflicting views of the learned Judges on the point of law with regard to issuance of the Rule, the matter was placed before the learned Chief Justice of Bangladesh for necessary order. The ......efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227   ..

Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

....on may be invoked only when there does not exist any other provision and that this Division can invoke its inherent powers, not curtailed by Article 47A (2), under rule 46A of the Tribunals Procedure Rules, and, hence, it is not necessary to invoke Article 104 in this petition. The procedures p......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

.... vires of President's Order No. 88 of 1972 whereby section 95A was inserted and the constitutionality of President's Order No.24 of 1973. were challenged. The High Court Division made all the Rules absolute with the findings, inter-alia, that (a) a transaction of an out and out sale with an ......rity for a debt, it will be a mortgage………………….. (32) The relationship of debtor and creditor does not cease to exist in the case and it is not an absolute sale merely because the vendors stipulated that they shall have a right to repurchase, ther..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)

.... Aminul Karim (Md.)....................................Petitioner Vs. Government of Bangladesh and others............ Respondents Judgment March 9, 2015. Result: The Rule is discharged. Case Referred to- Majed Hossain Vs. State 17 BLC (AD) 177; Monzur Alam......r of stay granted earlier by this i  Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354   ..

Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....Hafizur Rahman Nafor...................Petitioner Vs. Secretary, Ministry of Home Affairs and others.........Respondents Judgment    March 2, 2015. Result: The Rule is made absolute. In the absence of any substantial and concrete materials on record it is......n Nafor...................Petitioner Vs. Secretary, Ministry of Home Affairs and others.........Respondents Judgment    March 2, 2015. Result: The Rule is made absolute. In the absence of any substantial and concrete materials on record it is difficult fo..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)

....ion was barred by limitation. The pre-emptors filed Civil Revisional application in the High Court Division and obtained rule. The High Court Division by the impugned judg­ment and order made the Rule absolute holding that the application was not barred by limita­tion. Then, the pre-emptee f......as barred by limitation. The pre-emptors filed Civil Revisional application in the High Court Division and obtained rule. The High Court Division by the impugned judg­ment and order made the Rule absolute holding that the application was not barred by limita­tion. Then, the pre-emptee filed ..

Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24

Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

......................Petitioner Vs. Bangladesh and others...... ...............Respondents Judgment February 22, 2015.        Result: The Rule is discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 12 & 33(2) The compl......৩৩ -এর উপ ধারা (১), (২) ও (৩) এর বিধান, যতদূর সম্ভব, অনসরণ করিবে।" 9. The essence of section 12 of Ain is absolutely wider. This law enjoins that before institution of any suit against any borrower the bank..

Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7