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State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....accused respondent Abdul Quader @ Mobile Quader and also maintaining the conviction of Ataur Rahman, I am unable to persuade the views taken by my learned brother and accordingly, I feel it proper to express my own opinion. 3. Short facts to dispose of the appeals are thus. Victim Moulana Abdul......ginning. An appeal being the continuation of the original proceeding, section 339B is equally applicable to the appellate court. So, the High Court Division should have disposed of the appeal ex-parte on merit after recording an order in that regard. 50. In course of hearing of other appea...... 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. ..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....37; O' Reilly Vs. Mackman, 1983 2 AC 237; Fairmount Investments Ltd. Vs. SOS, 1976 1 WLR 1255;Shareghnessa Vs. US 345 US 206 1953; M. Nabb Vs. United States, 318 US 332 1943; R Vs. Home Secretary ex parte Santillo 1981 QB 778;R Vs. Gaming Board, 1970 20B 417;George Vs. SOS for Environment 1979 7...... O' Reilly Vs. Mackman, 1983 2 AC 237; Fairmount Investments Ltd. Vs. SOS, 1976 1 WLR 1255;Shareghnessa Vs. US 345 US 206 1953; M. Nabb Vs. United States, 318 US 332 1943; R Vs. Home Secretary ex parte Santillo 1981 QB 778;R Vs. Gaming Board, 1970 20B 417;George Vs. SOS for Environment 1979 77 L......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. ..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....ul Malek Sawdagar Vs. Md. Mahbubey Alam, 57 DLR (AD) 18, Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 52 DLR (AD) 49, Shahabuddin (Md) Vs. Habibur Rahman, 50 DLR (AD) 99; HN Fabrics Ltd. Vs. Mollick Textile Industries, 37 DLR (AD) 126; ARM Amjad Hossain Vs. Md. Nasir, 7 BLC (AD) 101; 1985 BLD (AD) 2......t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ......was filed on 30-7-2011 long after one year and six months which is barred by law of limitation. Considering this aspect of the case the trial court rightly rejected the plaint and, as such, prays for dismissal of the appeal. 19. Mr. Md. Nurul Amin, the learned Advocate for the respondents in ad..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
....he Constitution this Rule Nisi was issued calling upon the respondents to show cause as to why the orders of stopping salaries, other benefits and office work bearing Memo No. 982 dated 18-4-2011 (Annexures-G and G-1) should not be declared to have been made without any lawful authority and is of no......from April 2011, within 2(two) weeks from the date of receipt of this judgment.
Communicate copies of the judgment at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 46.
......etitioner and, as such, the impugned orders are no orders in the eye of law. Learned Advocate further submits that the impugned order containing in Annexure-A is neither a suspension order nor a dismissal order according to service rules and this type of order is unknown to law. He next submits..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
....er of writ-petitioner No.1, the decree-holder-Bank sanctioned Taka 5,00,000 as CC Hipo Loan in favour of M/s. Shabuz Medical Hall of which writ-petitioner No.1 is the proprietor. Writ-petitioner No.1 executed all necessary documents in favour of the decree-holder-Bank and enjoyed the benefit of......dant in the suit. Writ-petitioner No.2 has no connection with the business of writ-petitioner No.1, the proprietor of Shabuj Medical Hall, in whose favour loan was sanctioned. The suit was decreed ex-parte on 6-5-2004 and the decree was drawn and signed on 23-5-2004. The decree-holder-Bank levied Ar......hereinbefore. The Artha Rin execution case in question (No.560 of 2004) shall stand satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ..Category: Others | Date: 24 Feb, 2014 | Hits: 15
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
.....Respondents Vs. Judgment 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 su......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. ...... is, therefore, need for examining the point in controversy despite the submission of the learned counsel for the respondents. 8. In the judgment, the High Court Division observed that after the dismissal of Rent Case No. 15 of 1998, the appellant did not pay rent; that he is therefore, not ent..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....in no way, is curable or immune from being challenged. The orders of the High Court Division declaring the proceedings and the auction sale of the mortgaged property in question held in the execution as illegal, the observation that "The auction purchaser respondent No.3 will get retu......t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ......t filed a miscellaneous case before the Artha Rin Adalat praying for setting aside the auction sale on the ground of low price, but that miscellaneous case was dismissed and against the order of dismissal the respondent filed Miscellaneous Appeal No.6 of 2009 before the District Judge, Narayang..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....interest in the case holding on the basis of which, the pre-emptor claimed pre-emption. 12. The High Court Division found that the learned Advocate for the pre-emptees filed an affidavit annexing the deed of sale bearing No.6058 dated 29-6-2005 showing that the pre-emptor exhausted his ent......er appreciation 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) 157. ......e-emptee-respondents developed the land by spending Taka. 1800 and the pre-emptor now became greedy to grab the case land with ill motive and, as such, the pre-emptee-respondents prayed for dismissal of the case. 4. After hearing the parties, the trial Court by its judgment and order ..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
....92 showing gross profit at the rate of 11.77%. Notice was served upon him, fixing date of hearing but he did not appear at the time of hearing and the Deputy Commissioner of Taxes took the matter for ex-parte hearing and held that the assessee intentionally avoided attending the case and made assess......showing gross profit at the rate of 11.77%. Notice was served upon him, fixing date of hearing but he did not appear at the time of hearing and the Deputy Commissioner of Taxes took the matter for ex-parte hearing and held that the assessee intentionally avoided attending the case and made assessmen......he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....ternational Ltd. Vs. Engineers India Ltd., AIR 1996 Calcutta 424 Desai and Co. Vs. Hindustan Petroleum Corporation Limited, AIR 1987 (Guj) 19 Jamuna Oil Company Limited Vs. S.K. Dey, 44 DLR (AD) 104 Rex Vs. Sussex Justice Ex-parte Meeonly, 1924 QB 256 at page 259. Lawyers Involved: Asaduzz......neers India Ltd., AIR 1996 Calcutta 424 Desai and Co. Vs. Hindustan Petroleum Corporation Limited, AIR 1987 (Guj) 19 Jamuna Oil Company Limited Vs. S.K. Dey, 44 DLR (AD) 104 Rex Vs. Sussex Justice Ex-parte Meeonly, 1924 QB 256 at page 259. Lawyers Involved: Asaduzzaman, Advocate— For......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....ional Crimes (Tribunals) Act, 1973 (XIX of 1973) was promulgated for the purpose of detention, prosecution and punishment of persons committing atrocities during this period. The prosecution has examined twelve witnesses and the defence examined six. The Tribunal convicted the petitioner i...... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......he date of such intimation'. Sub-rule (VI) provides that after intimation is received 'by government of the rejection by the Privy Council of an application for special leave to appeal or the dismissal of an appeal which has been admitted or if proof is not furnished before the date fixed th..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....Finance Order No.1973 (PO No.7 of 1973) for realization of the loan amount along with interest, being an amount of Taka 16, 57,483.12 as on 31-10-2000. The learned District Judge, Dhaka after hearing ex parte by his order dated 25-6-2003 allowed the miscellaneous case. After that, the HBFC as t......ance Order No.1973 (PO No.7 of 1973) for realization of the loan amount along with interest, being an amount of Taka 16, 57,483.12 as on 31-10-2000. The learned District Judge, Dhaka after hearing ex parte by his order dated 25-6-2003 allowed the miscellaneous case. After that, the HBFC as 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. ..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....nance against the assessee. The assessee came to know about the assessment from the Inspector of Survey, Circle-2, Chittagong (shortly, the Inspector) and on taking information came to know about the ex-parte assessment. Thereafter, he obtained certified copies of the assessment orders. The ACT esti......ce against the assessee. The assessee came to know about the assessment from the Inspector of Survey, Circle-2, Chittagong (shortly, the Inspector) and on taking information came to know about the ex-parte assessment. Thereafter, he obtained certified copies of the assessment orders. The ACT estimat......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
.... has been further alleged that the convict-appellant requested the Chairman, BCIC to provide him with pay and allowance at the rate, he used to draw as Chairman of the same subject to adjustment till execution of his contract with the Government. It has been also alleged that the convict-appellant r......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......e Mr. Khan on behalf of the ACC argued that the trial court has dismissed their claim so far as it relates to misappropriation and they have not filed any cross appeal against such order of dismissal and, as such, they have no claim about misappropriation of Government fund. Bu..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
Zakir Hossain and another Vs. Md. Shahnewaz and others, 2013, 42 CLC (AD)
....in a nutshell, are that the plaintiff instituted a suit for partition against the defendants. The trial Court upon hearing the parties by its judgment and order dated 20-10-2000 decreed the suit ex-parte in preliminary form and the final decree was drawn on 18-10-2003. Against the preliminary a......a nutshell, are that the plaintiff instituted a suit for partition against the defendants. The trial Court upon hearing the parties by its judgment and order dated 20-10-2000 decreed the suit ex-parte in preliminary form and the final decree was drawn on 18-10-2003. Against the preliminary and ......s and facts do not warrant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ..Category: Procedural Law | Date: 10 Oct, 2013 | Hits: 12
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....or restoration of his possession in the suit land. His case, in brief, is that Rafique Ahmed Khan got allotment of the suit land from Rajdhani Unnayan Karthipakkha (RAJUK) and accordingly, RAJUK executed and registered a lease deed dated 13-8-1969 and he got possession thereof. After death of R....... Even after receipt of the written statement, the leave-petitioner (the plaintiff) did not file any application for substituting the heirs of Rafique Ahmed Khan and allowed the suit to be decreed ex parte against Rafique Ahmed Khan on 22-11-2010. Such a decree against a dead person is a nullity. ......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. ..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....ndent No.1 (hereinafter referred to as the respondent) received Taka. 10,00,000 as earnest money out of total consideration of Taka 29,25,000 to sell the land measuring 2.14 ½, 2.145 acres and executed a "bainanama". He issued a public notice through his lawyer in a daily newsp......harma (P) Ltd. (2002) 1 SCC 234; KK Sidharthan TP Praveena Chandran (1996) 6 SCC 69. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Appellant. (In both the cases) Ex-parte—For the Respondent. (In Criminal Appeal No.30 of 2004) ASM Khalequzzaman, Advocate-......he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
.... 55 DLR 130, Farzana Moazzem Vs. Securities and Exchange Commission, 54 DLR 66; Conferee Ltd. Vs. Titus Gas Transmission and Distribution Co. Ltd., 42 DLR 33; Rv Criminal Injuries Compensation Board, ex p Lain, [1967] 2 All ER 770 at 778, [1967] 2QB 864 at 882; Jockey Club, ex-parte Aga Khan, [1993]......; Conferee Ltd. Vs. Titus Gas Transmission and Distribution Co. Ltd., 42 DLR 33; Rv Criminal Injuries Compensation Board, ex p Lain, [1967] 2 All ER 770 at 778, [1967] 2QB 864 at 882; Jockey Club, ex-parte Aga Khan, [1993] 1 WLR 909; Rv. Lloyd s of London, ex parte Briggs, [1993] 1 Lloyd's Rep 1......রীর অবস্থা ও শর্তাবলী) বিধি on 28-11-2002 as submitted by the learned advocate for the petitioner Mr. Rehan Husain by reference to the said 1979 rules. The dismissal order having received due approval of the Appeal and Arbitration Committee ("Committe..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....39;s Roll No. was 151. He stood 154th in the combined merit list and was appointed in the IMS Cadre where he joined on 31-7-1973. He was trained at home and abroad and passed the prescribed examination after which he was confirmed in the service on 31-7-1975 through notification ......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ...... of the Administrative Tribunal executed within a reasonable time. For example, it will be a long process for a peon to execute the order of the Administrative Tribunal setting aside the order of his dismissal from service passed by the Deputy Commissioner of a district and further it will be hazard..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
....s. Secretary of Home Affairs, (1969) 1 All E.R. 904; Council of Civil Service Unions Vs. Minister for the Civil Services ('GCHQ'), 3 All. E.R. 935; R Vs. North and East Devon Health Authority exp Coughlan [2001] QB 213, at paragraph 57; R (on the application of Nadarajah) and Abdi Vs. Secret......fected their right, liberty or interest recognized by law. Mere protest raised against a possible decision of a public authority does not ipso facto qualify the protesters as persons aggrieved. In Ex parte Sidebotham [(1880) 14 Ch.D. 458] James, LJ, stated:
“ words 'person aggrieved&#......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
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