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Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)

....s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ......ment and order, it appears that the High Court Division made the Rule absolute declaring the post of Savings Officers as Second Class Gazetted Officers relying upon the Recruitment Rules, 1979 on the view that as there was no 3rd Class Non-Gazetted post in the schedule to the said Rules to be filled..

Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88

Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)

....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......050 that— "normally the Courts are disinclined to attach much importance to the act of abscond­ing, treating it as a very small item in the evi­dence for sustaining conviction." 26. Similar views have been expressed by this Division. Shahabuddin Ahmed, J in State Vs. Lal Miah, 39 DLR (AD) ..

Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190

Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)

.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ......ported in 38 DLR (AD) 18, Syed Mohdminad Hdshem alias Hashim Vs. State, reported in 48 DLR (AD) 87 and Ali Akkas Vs. Enayet Hossain reported in 77 BLD (AD) 44 = 2BLC (AD) 16 respectively. 23. In view of the above cited cases it is settled proposition of aw that to bring a case within the purvie..

Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9

Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)

....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......into possession of the entire suit land in exercise of their right and title they also got their names, mutated in respect of the record of right. It is also asserted in the written statement that in view of setting-aside of the sale in auction in the Certificate Case as aforesaid the registered sal..

Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7

Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)

....s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ...... shop and owner of the said shop is one Zakir Hossain who neither made an accused nor a witness in the case and this shop situated at Nilkhet 'Tempu Stand'which is an open and public place. 35. In view of the said facts and circumstances mere knowledge or showing by the accused, the recovery of a..

Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28

State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)

....led against them and they are dis­charged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ...... the husband, irresistible presumption is that it is the husband who is responsible for her death. In this regard reliance can be placed in the case of State Vs. Aynul Hug 9 MLR 393 = 9 BLC 529. This view receives support in the case of Gauranga Kumar Saha Vs. State 2 BLC (AD) 126, Abdul Mutaleb How..

Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114

State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)

....d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......ase. 23. These are the evidences that have been adduced by the prosecution in this case. From the evidence on record it appears that the death of deceased Atiar Rahman is not disputed at all. In view of prosecution case deceased Atiar Rahman met the death in the night following 9-11-1998 in bet..

Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8

Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)

....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......d arisen for the application of fresh NOC which is yet to be disposed of. Section 3(2) of the BT Act, 2001 does not apply to any broadcasting and, as such, broadcasting does not come within the purview of the BT Act, 2001 which applies to allocation of frequency for radio station or televi­sion..

Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18

Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)

....ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......ider that the onus of proving non service of summons was upon the respondents and they having not discharged the same it ought to have presumed that summons were duly served upon the respondents in view of due compliance of the provisions of Rule 19A(2) and the proviso to Rule 19B (2) of Order 5 ..

Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7

State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)

....t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89.   ......me at Dohar and Nobabgonj area from abroad. Accused Matiur Rahman @ Mati used to do the same type of business like the deceased as such there was a business relation between them. They would exchange views and ideas of such businesses with each other from time to time. On 31-7-1993 accused having be..

Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9

Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.....           3. Mr.Mohammad Abdullah, the learned Advocate appearing on behalf of the petitioner submitted that the Appellate Court absolutely on erroneous understanding of the law, facts and without sifting the deposition and reverting the obser......dence of P.W. 2 and 3 it appears that they were managed to give evidence is support of platiff’s possession. In fact, they are not aware about the factum of possession in the suit land. In that view of the matter I can safely hold that the plaintiff have utterly failed to prove their title and..

Category: Property Law | Date: 19 Oct, 2011 | Hits: 4

Elite Lamps Ltd. Vs. Government of Bangla­desh and others, 2011, 40 CLC (HCD)

....ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ...... clear resolution taken on this behalf the plaintiff is con­tinuing with the suit in violation of the resolution which means that the Bank is consciously flouting the decision of its apex body. In view of the resolu­tion Mr. Bhuiyan submits that the bank must be bound down to withdraw the suit ..

Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7

Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)

.... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......y naraji petition. The Tribunal can only accept an enquiry report favouring the accused and discharge them or without accepting the report, can take cognizance of offence against the accused. In that view of the matter, the learned Judge of the Tribunal did not commit any illegality in rejecting the..

Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199

Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)

....appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:......appellants and one A. Malek Khokon alleging that on 01-04-2003 his daughter Halima Khatun was married with accused No.1, Abdul Malek Khokon who later on demanded Tk. 3,50,000/- as dowry to her with a view to go abroad. On her refusal to pay the accused tortured and assaulted her. Subsequently the ac..

Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148

Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)

....tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......evident from their pleadings The courts below while decreeing the suit did not consider a vital question as to whether this new contract is legally enforceable against the contesting defendants in view of plea taken in their plead­ings that Paresh Nath had refused to perform claiming that the f..

Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11

Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)

....ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court con­cerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......heng Hock, 31 DLR (AD) 69, Syed Muham­mad Hashem alias Hashim Vs. State, 48 DLR (AD) 87 and Nasiruddin Mahmud Vs. Momtazuddin Ahmed, 36 DLR (AD) 14. 12. That being the position we are of the view that the truth or otherwise of the allegation as against the accused-petitioner in the FIR coul..

Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195

Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)

....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......ing in mutation cases under section 143 of the State Acquisition and Tenancy Act, 1950 is not a court, although the same officer acting in a proceeding under section 144 of the said Act is a court in view of Rule 39 of the Tenancy Rules, 1955. Therefore, filling of forged documents before the Revenu..

Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6

Humayun Kabir Patwary Vs. Secondary and Higher Secondary School Educa­tion Board, Comilla and 5 others, 2011, 40 CLC (HCD)

....he date of receipt of this Judgment, positively. Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 64 DLR (HCD)(2012) 65. ......o.4 have no jurisdiction to cancel the election scheduledeclared to be held on 19-2-2011 without assigning any cogent reason simply men­tioningthe request of the Local Member of parlia­ment. 9. In view of above facts andcircumstances, we find substance in the submissions of the learned Advocate f..

Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5

Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)

.... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ......g evidence. 15. To meet the arguments of the learned Advocate for the petitioner, it is said that these are question of facts which will be decided in the trial Court. We find support of the above view in the case of Nizamuddin Vs. Abdul Hamid reported in 60 DLR (AD) 145. 16. In this connectio..

Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237

KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)

....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......1 (Annexure-M) issued by the Bangladesh Telecommunication Regulatory Commission (BTRC) (respondent No.2) under the signature of the respondent No.8 refusing to implement the decision/verdict of the Review Panel-01 dated 8-5-2011 (Annexure-I) regarding appointment of Chartered Account­ant Firms b..

Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20