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Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ......§¦à§¦à§¨ (the Act, 2002) whereupon Kotwali Police Station Case No. 16(6)2005 was started. The case was registered as GR Case No.393 of 2005 (hereinafter referred to as GR Case No.393 of 2005). On the prayer of the Investigation Officer made on 9-6-2005 alamots seized in Kotwali Police Station Case N..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....making deduction on the cumulative amount of advance irrespective of the good and bad loan to the extent of 3% of the sum of the cumulative amount can be deducted under the provision of law or in the alternative the law provided that the amount of actual provision for such bad and doubtful debt with......ngladesh, is directed to take necessary steps under Section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J: I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 27 Apr, 2014 | Hits: 6
Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
....e do not find any substance in this appeal. Accordingly, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246. ...... therefore, the impugned judgment dated 13-1-2004 of the High Court division is liable to be set-aside. The findings of the High Court Division that the respondent (MEC Dhaka) made an additional prayer before the Arbitrators in paragraph 10 of their original petition before the Arbitrators..Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ......de. 6. The learned Deputy Attorney-General appearing for the State-petitioner seeks to impeach the impugned order on three fold arguments: Firstly: Most of the time were allowed on the prayer of the accused-opposite parties on all false pleas to intentionally pass time for the trial a..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....before the Administrative Tribunal is not efficacious or that under the particular facts and circumstances of the cases the writ petition can be entertained, notwithstanding availability of alternative remedy before the Tribunal. 41. Relying on the same principle, the Appellate Divisi......seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
.... the suit land in his favour and defendant No. 1 refused to do so. Hence, the plaintiff was compelled to file the suit praying for declaration of title and recovery of possession and in the alternative for partition and also for declaration that the deeds of sale dated 2-3-1970 and 21......nd 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) 190. ..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
....served a notice upon the respondents demanding justice through her engaged Advocate requesting them to withdraw /rescind the office orders dated 18-4-2011 but in vain. Having no other efficacious and alternative remedy available to the petitioner, she filed this application before this Division chal......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.
..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....he case of finding any ambiguity in relation to the legal position regarding holding of 2% shares, this court may direct the BSEC to issue a fresh notification to clarify the position further. In the alternative, he continues, that if this court finds a case to interfere with the current board of th......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)
.... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ......g evidence of both the parties. Thereafter, the Court recorded the evidence of the opposite party No.1, Mariam Begum since the petitioners side was absent. However, subsequently the Court allowed the prayer of the petitioners to cross-examine the opposite party's witness No.1, but without cross-..Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
....on while issuing the Rule, may be set-aside; the Rule may be restored to its file and number and the writ petition may be sent back on remand to the High Court Division for hearing on merit or in the alternative, the writ petition may be disposed of finally by this Court invoking the power vested in......ee-holder-Bank) filed Artha Rin Suit No.304 of 2003 in the Court of Artha Rin Adalat No.1, Dhaka (the Artha Rin Adalat) impleading the writ-petitioners as defendants on the averments that on the prayer of writ-petitioner No.1, the decree-holder-Bank sanctioned Taka 5,00,000 as CC Hipo Loan in f..Category: Others | Date: 24 Feb, 2014 | Hits: 15
....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.
...... 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 bail. Such a bail prayer can be considered when it appears to the Court that the purpose of the alleged proceeding as ..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176. ......contested the suit by filing a joint written statement denying all the material statements made in the plaint. The case of these defendants, in short, is that the suit is not maintainable without the prayer for recovery of khas possession. Their further case is that one Bendu Bepari was the owner of..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
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. ......rmination of the tenancy by legal notice under section 106 of the Transfer of Property Act while passing a decree for ejectment and secondly, whether in the absence of sufficient pleadings, prayer, evidence and findings in support of compensation, the court has power to pass such decree. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....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. ......terms of the solenama filed by both the parties. But as the writ-petitioner failed to repay the outstanding loan as per terms and conditions of the solenama the said execution case was revived on the prayer of the decree-holder-corporation and eventually, the mortgaged property was put in aucti..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
....peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 257
......ant to or in response of a special scheme floated by the Bangladesh Agricultural Development Corporation (BADC) would be precluded from re-instatement in their services after acceptance of their prayers for voluntary retirement and payment of retirement benefits—
Voluntary Retir..
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
Mortuz Ali Khalifa Vs. Jobeda ® Kalu Bibiand others, 2014, 43 CLC (AD)
....ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ......led the same so, he accrued the legal right for cross-examining the plaintiffs' witnesses, but the learned Court below without considering the aforesaid legal position most illegally rejected the prayer for recalling the witnesses which is an error of law resulting error in the decision occasion..Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....rt; and when the provision is plain, unambiguous and does not give rise to any doubt as to its meaning. It has been observed in Chief Justice of AP Vs. LVA Dikshitulu, AIR 1979 SC 193, that where two alternative constructions are possible, the Court must choose the one which would be in accord with ...... 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. ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
.... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ......used appellant prayed for further cross-examination of the witnesses so adduced in court on the basis of new framed charge the learned Special Judge with malafide intention arbitrarily disallowed the prayer and thereby the accused-appellant was denied justice." It appears therefore that there w..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....petitioners, submits that the High Court Division erroneously came to the finding that a revisional application lies against the order impugned before the High Court Division and that availability of alternative remedy by way of revision will not stand in the way of invoking writ jurisdiction raisin......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
.... suit for damage and compensation. Given that provision of the law, it is held that this Court ought not interfere with the auction sale held by the bank under writ jurisdiction as the petitioner has alternative efficacious remedy in the Ain as aforesaid. In this regard, this Court subscribes to the......costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
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