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Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
....record." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ......as renumbered as Title Execution Case No.3 of 2003 and was transferred to the Artha Rin Adalat No.4, Dhaka for disposal. In this Adalat the sale deed was executed and registered as per due process of law on 10.07.2003 and the possession also of this auction sold property was delivered to the auction..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
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Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
...... determined in the light of the merit of each case and the previous decision should not be followed where error is likely to be perpetuated and wrong may also be committed. Moreover, on the change of law the decision is also to be properly evaluated in order to implement the existing law in its true..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
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. ...... very argument of the learned Counsel for the appellant. The learned Counsel could not show us any papers or any other material to substantiate his argument that IRDP was not a government project. No law, rule or even any government circular could be produced before us to substantiate the argum..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....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. ......e said writ petition before the High Court Division challenging his release order dated 31-12-1982 from Bangladesh Jute Mills Corporation (BJMC) i.e. the present appellant to have been issued without lawful authority and is of no legal effect and as to why a direction in the nature of mandamus shoul..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......5,98,44,700.67 allegedly to have fallen unpaid VAT, under Section 55(1) read with section 37(2) of the Value Added Tax (VAT) Act, 1991 (Annexure-C) shall not be declared to have been issued without lawful authority and is of no legal effect. 3. The background leading to the Rule, in short, ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
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. ......ey for the Zia Orphanage Trust, she had no control over it and it became money of the Zia Orphanage Trust; and it being a Private Trust, the Government or Anti-Corruption Department has no control or lawful authority over the Trust to bring the instant Criminal Proceeding in this manner. The Orphana..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. ......gistrate, who framed charge against the leave petitioner and that the High Court Division affirmed the judgment of the learned Additional Sessions Judge without looking into the relevant provision of law and, as, such, the impugned judgment should be set-aside. 9. Mr. Md. Aftab Hossain, learned..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. ......des, made the Rule absolute holding that the impugned letter of cancellation of the appointment letter as communicated by letter dated 02.08.2008 under the signature of respondent No.3 issued without lawful authority and of no legal effect. The respondents were also directed to make necessary arrang..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. ...... put stigma for her whole life. On the basis of the said first information report Mohammadpur Police Station case No.07 dated 19-1-2006 under section 9 (4) (kha) [as written in the FIR, though in the law there is no such section] of the Nari-o-Shishu Nirjatan Daman Ain, 2000 was started. 3. The p..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Golam Ahmed Vs. State, 2011, 40 CLC (HCD)
....t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ...... She was fully aware of Muslim marriage. She willingly surrendered herself to the carnal desire of the accused. After living together as husband and wife for six years the victim moved the court of law with the allegation that the accused was practicing fraud upon her, obtained her consent to have..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
....the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ......e with the bail, granted earlier by this bench. Moreover if the accused-petitioner is found to be a biological father he is also ready to bear the expenses and maintain the child in accordance with law but on such ground the bail, which has already been granted, cannot be re-called. 6. On the..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
....ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ......ansferred and delivered to the applicant, as such, if any decree be passed against title and possession less defendant No.1 then that decree would be unexecutable as it is a settled principle of law that no court could pass any decree which if passed would be unexecutable and infractuous. ..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
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. ......s to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of the Rule may be briefly stated as follows: The accused Md. Bazlur Rahman alias Kismat is the brother-in-law (sister's husband) of the informant Md. Jahir Uddin of village Arntoli,1 Police Station Gangni, ..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. ......ing petitioner Implicating a petitioner in the charge-sheet on the basis of confessional statement is baseless and proceeding against the accused petitioner is purely abuse of the process of the law.......... (12) Cases Referred to- Abdul Quadar Chowdhury Vs. State, 28 DLR (AD) 39. ..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. ......ment Rules, 1979, were entitled to be declared as Second Class Gazetted Officers. All attempt of the writ-petitioners to be treated as Second Class Gazetted Officers having failed, they through their lawyer served a notice upon the writ-respondents demanding justice by mitigating their grievance, ..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.......rity, the two circumstances referred to above are just not and cannot be conclusive evidence as to the guilt of the respondent (accused)." 13. Now taking into consideration of the statements of law discussed above, let us examine as to whether the High Court Division is justified the maintaini..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. ......eemed to be guilty of the offence. Following Sub-section (2) of section 24 of the Ordinance, the onus lies on the accused to prove that he is not guilty of the alleged offence. This provision of law is some extend different from ordinary Criminal Jurisprudence, that the prosecution has to ..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. ......ce lent Adverse possession was neither pleaded nor any evidence was lent by the plaintiffs, findings arrived at by the trial court is no doubt a gratuitous one which is not at all sustainable in law. Plaintiff is to prove his case The case of the defendants have been established by c..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. ......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 and awarding sentence against t..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. ......currence. He lastly submits that the impugned Judgment and order of conviction and sentence based on misreading and non consideration of the evidence on record which cannot be sustained in the eye of law. 16. In order to appreciate their submissions we have gone through the record and given our a..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
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