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Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
.... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ...... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ......vision, on hearing both the sides, made the Rule issued in that writ petition absolute holding mainly that the petitioner still remains a government officer while serving under BRDB and that his service benefits which he was entitled to as government officer were not curtailed or ceased and as ..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....sentations to the concerned authorities with the prayer to transfer him to BJMC from the disinvested Jute Mills, but his representations met no favourable result. However, the petitioner might have a good case in view of the decision given by the High Court Division in Civil Revision No.600 of 1988,......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......ppellant Vs. Md. Mahbubur Rahman and another..................Respondents Judgment December 13, 2011. Result: The appeal is allowed. When someone resigns from his service factually and legally, he can not make any prayer for reinstating him.........................Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......se stands on mere suspicion, presumption and inference of accusation against the accused-petitioner, which can not be the basis of a Criminal Proceeding. FIR, Charge sheet and other materials on record do not show prima facie allegations for constituting any criminal offence against the accused......eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
.... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ...... Advocate-on-Rccord, appearing on behalf of respondent No.2, supports the impugned judgment delivered by the High Court Division. 10. We have considered the impugned judgment and other papers on record. The High Court Division noticed that the complainant brought some allegations against t...... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ...... Now we can legitimately aspect that the respondents have got no scope to make any departure from the aforesaid recommendation of the respondent No.4. From those facts, circumstances and materials on record we are inclined to hold that the respondents are bound to allow the petitioner to join in her......cel the appointment of the petitioner on the ground that there is no similarity in between the hand writing of the petitioner in the application for appointment and that of application for joining in service. Thereafter, the respondent No.3 by the impugned letter dated 02.08.2008 cancelled the appoi..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
....ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ...... sought permission for initiating proceedings against the informant under section 17 of the Nari-O-Shishu Nirjatan Daman Ain, 2000. 4. The Magistrate receiving the said police report sent the case record to the Nari-o-Shishu Nirjatan Daman Tribunal No.1, Magura for necessary Order. 5. On 6-3......ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ...... seizure list in presence of witnesses. The accused-petitioner was one of the associates of the accused Md. Bazlur Rahman. 3. During investigation, the investigating Officer examined witnesses and recorded their statements under section 161 of the Code of Criminal Procedure. The accused Md. Bazlu......er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......কেট চায়না মার্কেট ইসলামপুর, ঢাকা। 3. After recording of the first information report, the charge of the investigation was entrusted to the poli......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
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. ......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. ......as further submitted that the writ petition was not maintainable in law as the question of gradation of the writ-petitioners as Second Class Gazetted Officers falls within the terms and conditions of service in the Republic and it is the Administrative Tribunal which had the exclusive jurisdiction t..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
..... Williams, J., argued that there is a danger in the excessive devotion to the rule of benefit of doubt at the expense of social defence and to the soothing sentiment that all acquittals are always good regardless of justice to the victim and the community. In the context of escalating crime and e...... witness. 4. Mr. Nurul Islam Sujan, learned counsel appearing for the appellants assailed the judgment mainly on the ground that the conviction of the appellants is based upon no legal evidence on record. On the other hand, Mr. MK Rahman, learned Additional Attorney-General supports the judgment ......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...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. ......ing of cognizance the petitioners voluntarily surrendered before the High Court Division and obtained anticipatory bail and they are now on bail. 12. The case being ready for trial the case record was sent to the learned Metropolitan Sessions Judge, Dhaka and the case was registered as Ses...... 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. ..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. ......Raisa Bibi being in possession of the suit land sold the same in favour of Tullai Bibi in the year 1979; thereafter, Tullai having been in possession of the suit land got her name mutated in the record of rights and eventually she gifted away the suit land to her son Moklis Miah by a deed of gi......aheruddin was the opposite party. These certified copies were issued as back as on 9-4-74 long before the institution of the instant suit in the year 1997 which clearly shows that it was owing to non service of notice upon Sachin Chandra Mohantha the only admitted heir of the admitted owners, t..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. ......l control and possession over the said arms. The learned Judge of the Druta Bichar Adalat did not commit any error or illegality in convicting the appellant. 11. Let us now discuss the evidence on record and the proposition of law whether the learned Judge of Druta Bichar Tribunal in convicting a......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. ..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....about 29 days by her uncle's. After 2/3 days she went to her maternal uncle house and narrated the occurrence to him who ultimately instituted the case. Her father was a truck helper and there were good relationship between the spouses. Her mother used to pay money to her grand-mother and uncles a......ome. After autopsy the cadaver was buried in absence of the accused. Then P.W.1 as complainant filed a complaint before the Magistrate, Sherpur which was referred to the Police Station wherein it was recorded as Sherpur Police Station Case No.9 dated 12-6-2004 corresponding to GR No.486 of 2004. ......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. ..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......ion itself constituted of no other person than its Commissioners. The relevant order to submit assets may be issued by any of its authorised officials but the decisions to issue such an order must be recorded by the Commissioner(s)." Since in the said Judgment the issuance of the notice on......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
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. ......urdered him. On the following morning on 10-11-1998 at 8-05 AM the informant having found the Officer-in-Charge of Gangnee Police Station in the place of occurrence narrated the occurrence to him who recording the same as First Information Report (in short, the FIR) sent to the police station for re......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. ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ne. In our opinion, the doctrine of promissory estoppel cannot be invoked in the abstract and the courts are bound to consider all aspects including the results sought to be achieved and the public good at large, because while considering the applicability of the doctrine, the courts have to do ...... 13. Mr. Ajmalul Hossain, the learned Counsel appearing for the appellants having placed before us the impugned judgment and order passed by the High Court Division and other materials on record submits that the High Court Division committed error of law in not taking into consideration......er VIII pursuant to Section 55 of the BT Act, 2001 licences are issued for establishing, operating or using radio apparatus or using radio frequency etc. Under Chapter V, the telecommunication service provider licences may be issued, amended, renewed, suspended, cancelled or otherwise deal..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)
....ee-petitioners prayer for time for filing written objection was made, so it was not believable that the pre-emptee-petitioners had no knowledge of the preemption miscellaneous case does not hold good. 12. The learned Judge of the single Bench further found that though opposite party No.1......he pre-emptor-appellant filed Civil Petition for Leave to Appeal No.538 of 2008 before this Division and leave was granted on 07.02.2005 to consider the submissions made by the learned Advocate-on-record for the pre-emptor-petitioner as follows: "The learned Advocate-on-record appearing ......pellant Vs. Md. Shahidul Islam P.K. and others .........Respondents Judgment November 15, 2011. Result: The appeal is dismissed. Onus and presumption as to service of summons In case of allegation of non-service of summons upon the defendant/opposite..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
.... the foreign and also they would sell it at Nobabgonj and Dhaka. The day before the occurrence accused Matiur Rahman @ Mati asked the deceased to go in his house on the following day to purchase some goods and accordingly on 1-8-1993 at 6-15 AM Tarun Kumar Saha had gone in the house of accused Matiu......fence lawyer was appointed by the trial court to defend him. At trial, charge under section 302 was framed against the accused. Since the accused was on the run, his answer on the charge could not be recorded. The prosecution examined 9 (nine) witnesses in the case to prove the charge who were cross......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. ..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......presence both side following the proceeding. The learned Counsel further contended that the predecessor of the plaintiffs took pattan in the year of 1353 BS through unregistered Hukumnama from the CS recorded owner of Muktagacha Zamindar Estate and SA record has been prepared in their name according......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
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