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Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)
.... Let the lower Court's record along with a copy of this judgment be sent down to the concerned Court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 97 ......om Any Department Of The Government is also an Entrustment with Property— Criminal breach of trust by agent— any contractor is appointed by any department of the Government for construction of any building, the contractor is termed as an agent of the concerned department o...... Let the lower Court's record along with a copy of this judgment be sent down to the concerned Court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 97 ...... Let the lower Court's record along with a copy of this judgment be sent down to the concerned Court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 97 ..Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8
....sp;
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 64.
...... 1991 crops" from china at US $ 210 C & F value per metric ton. On arrival of the goods at the port the respondent submitted Bill of Entry and other import documents to the Customs Authority for assessment of duty at 15% ad velorem and for release part of the imported goods i.e. 964 metric ......sp;
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 64.
......etition No.287 of 1995.
4. The writ-respondents contested the Rule by filing affidavit-in-opposition controverting all the material statements made in the writ-petition.
5. The learned Judges of the High Court Division after hearing the parties by the judgment and order dated 4-1..
Category: Constitutional Law, Fiscal/Taxation Law | Date: 22 Jul, 2014 | Hits: 6
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
.... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ......uddin Howlader and others………Respondents Judgment June 5, 2014 Result: This appeal is dismissed. Limitation Act (IX of 1908); Article 120 Suit Field for Declaration of Title— Plaintiff is not bound to institute a suit for declaration...... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ......ied with the judgment and decree of the appellate Court, the defendants filed a revisional application Before the High Court Division and obtained Rule in Civil Revision No. 4041 of 1999. The learned Judges of the High Court Division, after hearing the parties, by his judgment and order dated 5-7-20..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....stay granted earlier by this Court at the time of issuance of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ......0472 of 2012) Writ Petition Nos. 9158, 10472 of 2012. & Writ Petition No. 10093 of 2013. Judgment Sheikh Hassan Arif J.— Since the questions of law and facts involved in the aforesaid three writ petitions are almost same, they have been taken up together for hearing, and are......stay granted earlier by this Court at the time of issuance of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ......a Ga, the name of guarantor was not liable to be published in the CIB as 'defaulter-borrower'. As against this back ground, a larger bench was constituted comprising of three Hon'ble Judges of this Court and the said bench took up the issue in Quazi Nasibul Hassan Vs. Bangladesh Ban..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)
.... for this court to interefere with the impugned decision and order. Thus, the petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381 ......Lawyers Involved: MI Farooquie, Senior Advocate, instructed by Md. Ferozur Rahman Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Civil Petition for Leave to Appeal No. 64 of 2010. (From the judgment and order dated 29-10-2009 passed by the...... for this court to interefere with the impugned decision and order. Thus, the petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381 ......times there may not be concrete or material evidence to establish the same beyond all reasonable doubt. Judicial service is not a service in the sense of an employment as is commonly understood. Judges are discharging their functions. Members of the judicial service, exercising judicial functio..Category: Administrative Law | Date: 19 May, 2014 | Hits: 3
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ......her co-accused Lowrance and that the said dispute could not have been resolved despite his brother's eagerness to settle the difference. The Dhruta Bichar Tribunal No.1, Dhaka, which got the case for trial framed charge under sections 302/12OB/34 and 307 of the Penal Code against the respondents...... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ......nd then to discuss their evidence and then to give its decision with reasons. Except the reproduction of the submissions of the counsel for the accused who criticised their evidence, the learned Judges were conspicuously silent as to the reli-abity of the evidence of P.Ws. 2-4 and their claim o..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)
....ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ...... May 5, 2014. Result: Both the petitions for leave to appeal are dismissed. Cases Referred to- Mohiuddin Khan Alamgir Vs. Anti-Corr......ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ......tisfied with judgment and order of conviction passed by the trial Court, the respondent preferred Criminal Appeal No.5250 of 2009 under section 10 of the Criminal Law Amendment Act, 1958. The learned Judges of the High Court Division upon hearing the parties by their judgment and order dated 3-8-201..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ......ub Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011) Human Rights and peace for Bangladesh [In Civil Petition 1902 of 2011]……..Respondent Judgment May 4......the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ...... Legitimate expectation is also different in that while promissory estoppel is a product of equity, legitimate expectation is an extension of the principle of fairness as propounded by the Common Law Judges in the realm of Administrative Law. As such, while relief under promissory estoppel is grante..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....he Constitution, challenge the judgment and order passed by a Division Bench of the High Court Division in Contempt Petition No. 118 of 2004 making the Rule absolute, finding the contemnors guilty of contempt and sentencing contemnor Nos. 1-4 and 6-7 to pay fine of taka 1,000 each, in default to suf......118 of 2004 making the Rule absolute, finding the contemnors guilty of contempt and sentencing contemnor Nos. 1-4 and 6-7 to pay fine of taka 1,000 each, in default to suffer simple imprisonment for one month. Contemnor No. 5 was sentenced to suffer simple imprisonment for 2 months and to ......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......s (In all cases) Judgment March 11, 2014 Result: The Appeal is allowed. Case Referred to- Md. Riaz Uddin Khan Vs. Mahmudur Rahman, 63 DLR (AD) 29, Sir Edward Snelson Vs. Judges, High Court of West Pakistan, Lahore 16 DLR (AD) 535; Shri Baradakanta Mishra Vs. Registrar o..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ......11. On taking oath on 6-5-2011 he entered into the office of the said union parishad. It has been contended that the petitioner had been discharging his duties as Chairman of the said union parishad) for near about 2(two) years and that no complain whatsoever had ever been raised against him dur......issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ......In the said case the Appellate Division accordingly found "we have decided not to interfere with the judgment and order of the High Court Division not because the reasonings given by the learned Judges were correct but because the basis on which the government based its action no long..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
....e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
......p;……………Petitioner
Vs.
Dr. Khandaker Mosharraf Hossain and another.........Respondents
Judgment
February 24, 2014.
Result:
The petition for Leave to Appeal is disposed of.
The Code of Criminal Procedure, 1898 (V of 1898); sect......e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
......ligible exercise of discretion. The allegations that the case is false or that the same has been initiated out of political rivalry or the omnibus allegation that the Magistrates and lower court Judges are controlled by the government, cannot, by themselves ground for anticipatory bai..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)
....y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372 ...... impugning the order No.CEVT/CASH (VAT-05/98 dated 30-6-1998 issued by writ-respondent No.2 rejecting the appeal of the writ-petitioner in full and refusing the prices declared by the writ-petitioner for the products manufactured by them by fixing new prices for their products according to......y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372 ......n Writ Petition No. 3525 of 1998. 5. The writ-respondents contested the Rule by filing affidavit-in-opposition controverting the material statement made in the writ-petition. 6. The learned Judges of the High Court Division, upon hearing the parities, by its judgment and order dated 5..Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5
.... can protect his right and title in that property by filing proper suit in a proper forum."
The petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 213.
......huiyan, Senior Advocate instructed by Nahid Sultana, Advocate-on-Record—For Respondent No.5 (as added respondent)
None represented—For Respondent Nos.1-2 & 4.
Civil Petition for Leave to Appeal No.385 of 2011
(From the judgment and order dated the 2 day of December, 20...... can protect his right and title in that property by filing proper suit in a proper forum."
The petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 213.
......amim Khaled Ahmed, learned Advocate, for the respondent-Bank and Mr. Habibul Islam Bhuiyan, learned Advocate, for the added respondent.
7. From the impugned judgment, it appears that the learned Judges discharged the Rule on the findings, inter alia, that as the mortgaged property was sold..
Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
...., we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......preted are not clear and unambiguous. The words 'immoveable property' occurring in section 5 of the Ordinance include both agricultural and non-agricultural properties. There is no scope for encroaching upon the domain of legislature by importing the words 'rural area' in sectio......, we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......atisfied with the judgments and orders dated 17-9-2003 and 5-8-2003 passed by the trial Court, the plaintiff preferred First Appeal Nos.322 and 343 of 2003 before the High Court Division. The learned Judges of the High Court Division, upon hearing the parties in both the appeals, by its judgment and..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
....d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ....... State................................................Respondent Judgment February 13, 2014 Result: The petition for leave to appeal is dismissed. The accused-petitioners having no morality could dare to......d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ...... 10. Being aggrieved by and dissatisfied with the judgment and order of the trial Court, the convict-petitioners moved the High Court Division by filing Criminal Appeal No.1691 2001. The learned Judges of the High Court Division upon hearing both the sides by their judgment and order dated 14-2..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......p; February 3, 2014. Result: The appeal is disposed of with expunction. The compensation can only be paid for such expense, or injury which the claimant suffered by reason of arrest or attachment or injunct......he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......mitted that the appellant agitated in the High Court Division that it was not liable to pay damage of Taka 5,000 per day for staying in the suit premises even after expiry of lease........the learned Judges of the High Court Division seriously erred in law in not deciding the point though noticed in..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
....ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
...... 67 DLR (HCD) (2015) 191
......ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
......ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ......—For the Petitioners. Munir Sharif, Advocate, instructed by Aftab Hossain, Advocate-on-Record—For Respondent No.3. None represented—Respondent Nos.1-2. Civil Petition for Leave to Appeal No.2228 of 2011. (From the judgment and order dated 21-7-2011 passed by the......he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ...... Petition No.6385 of 2010. 4. The writ-respondents contested the Rule by filing affidavits-in-opposition controverting the material statements made in the writ-petition. 5. The learned Judges of the High Court Division, upon hearing the parties, by the impugned judgment and order date..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ......Record—For the Petitioner. Mahmudul Islam, Senior Advocate and Aminul Hoque, Senior Advocate, instructed by Md. Nawab Ali, Advocate-On-Record—For Respondent No.1. Civil Petition for Leave to Appeal No.288 of 2012. (From the judgment and order dated 12.12.2011 passed by the......iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ......er dated 11-10-2011, the plaintiff-petitioner filed a revisional application before the High Court Division and obtained Rule in Civil Revision No.3873 of 2011. After hearing the parties, the learned Judges of the High Court Division, by the judgment and order dated 12-12-2011 discharged the Rule. ..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......o play in relation to the infringement of any fundamental right guaranteed under Part III of the Constitution. Article 102(2) presupposes the availability of the various writs that may be appealed to for reviewing actions and operations in the public domain. When issues of fundamental rights ar......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
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