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Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ...... vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ......12. 5. While the petitioner was performing his duties as Nikah Registrar of No.7, Bhadra Union the Ministry of Law Justice &Parliamentary Affairs all on a sudden issued a letter under the signature of Respondent No.2 vide his office Memo dated 05.12.2012 creating a new jurisdiction for anot..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
....ion in that respect.
In view of the above, we find no merit in the leave petition.
Accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 138.
......
Accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 138.
......adesh Standards Institution (BDSI) for standardization, testing, metrology, quality control, grading, making of goods and overall administration and management of the institution. The functions, nature of jobs and qualifications of the employees/officers of CTL and BDSI were different. Ini..
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....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. ......ey deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ......hy;ciation that rules of natural justice are not always rules of thumb; they are flexible and their applications depend on the setting and the back ground of the postulated statutory provisions, nature of the right and the consequences which may entail its application, and reminisced Lord Denni..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Sharif Miah Vs. Rina and anothers, 2014, 43 CLC (HCD)
....r shall also be furnished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16 ...... Division (Civil Revisional Jurisdiction) Present: Md. Emdadul Huq J Sharif Miah…………………….........Petitioner Vs. Rina and another………............Opposite Parties Judgment May 3, 2014. ......led a family suit and obtained decree for payment of dower and maintenance, which is under challenge in this Revision 8. In such circumstances it appears that this dispute is of very exceptional nature and DNA test will help this Court to come to a proper decision on two fundamental issues, nam..Category: Civil Law, Women and Children | Date: 3 May, 2014 | Hits: 5
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ......se. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ...... ২০০২ Acid Aparadh- Nari-o-Shishu Nirjatan (Bishesh Bidan) Ain, 1995; Sections: 5(অ) 5(ঈ), 5(ক)& 5(ঙ) It is true that crime like acid throwing is shocking in nature and also, revolting. The crime is against society and humanity, but the prosecution convicted..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....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. ...... days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ...... jurisdiction of the High Court Division as such right cannot be enforced by invoking jurisdiction of the Administrative Tribunal. 43. It means a person seeking direction for any inaction in the nature of mandamus cannot go to the Administrative Tribunal for not having an order. 44. I..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)
....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. ...... This Case is also Reported in: 66 DLR (AD) (2014) 190. ......stration-h of section 3 of the 5 Specific Relief Acts, which runs as under: "(h) A buys land from B, having notice that C is in occupation of the land. A omits to make any inquiry as to the nature of C's interest therein. A is a trustee, within the meaning, of this Act, for C, to ..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
....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.
......pt of this judgment.
Communicate copies of the judgment at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 46.
......hers.................Respondents
Judgment
March 13, 2014.
Result:
The Rule is made absolute
Constitution of Bangladesh, 1972; Article 102(2)
The nature of order stopping salary, allowances and keeping off the indicted employee from duty is unhea..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
State Vs. Arman, 2014, 43 CLC (AD)
....bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ......eenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ......d these provisions and granted bail without assigning any reason and also without hearing the informant. 5. In granting bail the court should not be oblivious of the trend of rising similar nature of offences in the country. The exercise of power must be carefully balanced and weighed in t..Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ......res. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ...... issued under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents concerned to show cause as to why the impugned Memo No. issued under the signature of respondent No.2, suspending the petitioner from the post of Chairman of Chagladaha Union P..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
....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.
......e to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
......by busing the process of law, such as harassment, humiliation etc. of the accused which cannot be permitted. Ordinarily when a person is wanted in connection with a non-bailable offence of grave nature, he is not entitled to anticipatory bail. All persons charged with non-bailable offences must..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
.... can protect his right and title in that property by filing proper suit in a proper forum."
The petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 213.
......."
The petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 213.
......erty involved in an execution case, but admittedly in this case, the petitioners did not deposit any security for the said amount. The language of sub-section (2) is absolutely mandatory in nature as consequence of non-deposit of such security has been provided therein and since the p..
Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
.... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ....... Result: The Rule is made absolute. Small Causes Court Act (IX of 1887); Section 15(2) (3) Jurisdiction of Small Causes Court— Subject to the exceptions specified in the second schedule and to the provisions of any enactment for the time being in force, all ......diction of Small Causes Court— Subject to the exceptions specified in the second schedule and to the provisions of any enactment for the time being in force, all suits of a civil nature of which the value does not exceed twenty-five thousand Taka shall be cognizable by a Court o..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
....ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
......irected to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
......e Amendment Act, 2013, is violative of Article 27 of the Constitution, and is also inconsistent with Articles 26(1)(2), and 31 of the Constitution. It is argued that this section is discriminatory in nature as it has been amended for giving opportunity to judges, magistrates and Government employees..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......n the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......ch he had already instituted a title suit and that since on the self same cheques, a civil suit was pending, he (opposite party 2) cannot be prosecuted simultaneously in the present cases of criminal nature. The learned Special Judge by the impugned orders allowed the applications and discharged opp..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... 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. ...... these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......nd, and yet "there be no substantial injury consequent thereon, the exercise of the power of review to alter the judgment would not necessary be required. The irregularity must be of such a nature as converts the process from being one in aid of justice to a process that brings about justi..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
....y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
...... 2011 pending before the First Labour Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
......sted the Director of Labour with power to oversee and supervise the election of a trade union and in the case of any dispute relating to internal affairs of a registered trade union which is civil in nature must be adjudicated by the civil Court, if party aggrieved go there to ventilate the same......
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....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. ...... is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ......So, the Code of Civil Procedure shall apply to the present situation arising from sale, as per Article 27(9) itself. What is important to note here is that the proceedings initiated by HBFC is in the nature of a civil suit. So, the provisions of the Code of Civil Procedure shall generally apply to a..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....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 ...... 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 ......4-1988 as Secretary, Ministry of Industries. Thereafter, he deposed that the investigating officer rushed to his office on 09-1-1991 and made a search and seized some documents and he put his signature on the seizure list. He also stated that he kept those documents in his custody on executing ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ...... as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......ncern as to the judicial reviewability of an order in the evolving realm of the writ of certiorari. Mr Mahmud informs that such notion has long given way to the importance attached rather to the nature of the function that such body discharges or engages in. It is in that regard, discussing at ..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
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