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Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....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......cate with Fida M. Kamal, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No.1. None Represented—For Respondent Nos. 2 and 3. Civil Petition for Leave to Appeal No. 376 of 2011. (From the judgment and order dated the 19th day of January......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. ......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. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
....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...... 46 of 2012 is allowed
Civil Appeal No. 47 of 2012 is dismissed
Civil Appeal No. 48 of 2012 is allowed
Constitution of Bangladesh, 1972; Article 102(2)
Whether employees who opted for voluntary retirement pursuant to or in response of a special scheme floated by the Bangladesh Ag......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
......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
..
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
Mortuz Ali Khalifa Vs. Jobeda ® Kalu Bibiand others, 2014, 43 CLC (AD)
....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......lati Chowdhury Barua, Advocate-on-Record on behalf of Md. Nawab Ali, Advocate-on-Record—For the Appellant. None Represented—For Respondents. Recall the plaintiffs' witnesses for cross-examination It is a cardinal principle of law that every party to litigation mu......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 ......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 ..Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
....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......ppropriated Taka 77,978.25 paisa within that period. On this allegation the local Anti-Corruption Bureau inquired into the matter and verifying the correctness of misappropriation lodged First Information Report at Kushtia Police Station and they took up the investigation. 3. After investi...... 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. ...... 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. ..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....l of Money Suit No.13 of 2011 pending in the Court of the Joint District Judge, Third Court, Chittagong filed by him. The learned Metropolitan Sessions Judge by his order dated 26-2-2012 rejected the prayer for discharging the accused from the case, but did not pass any order on the alternative pray......idullah, Advocate-on-Record—For the Petitioner. Zainul Abedin, Advocate-on-Record—For Respondent Nos.2-4. None represented—For Respondent No.1. Criminal Petition for Leave to Appeal No.563 of 2012. (From the judgment and order dated the 21st day of May, 201......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....ng inter-alia that, Sree Sree Thagore Anukul Chandra established an 'Ashrom' namely "Satsang Ashrom" in Hemayetpur, Pabna wherein he was born. He has many devotees there who perform prayer and other religious activities for spiritual peace. Subsequently, Sree Sree Thagore Anukul Ch......ng the appeal and thereby affirmed the judgment and order dated 28-1-2008 passed by the learned Senior Assistant Judge, Pabna Sadar, Pabna in Other Class Suit No.51 of 2007 rejecting the, application for temporary injunction under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure should not ......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
....form, i.e. 'Mushak' 10. Still by another letter dated 10-12-2001, the writ-petitioner requested the Superintendent to cancel the registration. After three and half years of submission of said prayers for refund and cancellation of registration made on 20-8-1998, the writ-petitioner rece......judicated the same in accordance with the provisions of the VAT Act. But they cannot adjust any disputed amount, which was never adjudicated under section 55 of the VAT Act.
When the application for cancellation of the VAT registration was filed under section 19(1) of the Act, it was the duty o......no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
......no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......l Judge convicted the appellant under section 409 of the Penal Code, 1860 read with section 5(2) of the Prevention of Corruption Act, 1947 and sentenced him thereunder to suffer rigorous imprisonment for 5(five) years and to pay a fine of Taka 21, 00,000 in default, to suffer rigorous imprisonm......before the learned trial Judge during the pendency of the case and this being the state of affairs, in the interest of justice, an opportunity may be afforded to the appellant to place his version by remanding the case to the trial Court. 16. On the contrary, Mr. Harunur Rashid, learned Advocat......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....ood R Sobhan, learned Advocate, appearing for the appellant relied on the case of Khdndkar Abul Hussain Vs. Government of the People's Republic of Bangladesh, reported in 54 DLR 467, submits that prayer 'ka' may be misconceived but suit is maintainable in respect of other reliefs cl...... contained in section 35 as all the provisions of section 35 have been made applicable to an order made under this section which means that an order made by the Administrator is liable to challenge before the District Judge and any order made by the District Judge is appealable to the High Court, wh......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....the argument of Mr. Kamal ul Alam on the point that the question of transfer of land by the company does not come within the ambit of section 43 of the Act. Accordingly, he has prayed that, so far as prayer No. C of substantive application is concerned, no remedies is available against Respondent No...... and was done to secure unlawful gain to petitioner No. 1. Fraud vitiates everything. Besides, in such a case, the corporate veil is to be lifted to find out the real culprits and to undo the misdeed for ends of justice, in order to obviate harassment by dragging the company to multiplicity of proce......The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....f the Act, 1881 and by order dated 8-8-2007 framed charge against him under the said section of the Act, 1881 and fixed the next date on 9-9-2007 for examination of the witnesses. On 9-9-2007, on the prayer of the prosecution, the hearing of the case was adjourned to 8-10-2007 and by the same order,......nbsp; July 23, 2013. Result: The Appeal is allowed. There is no absolute bar in filing a petition of complaint before expiry of thirty days of the receipt of the notice issued under clause (b) of the proviso to se......irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
.... by counting their service period from their joining date in the development project. Thereafter the petitioners made several representations to the higher authority for reconsidering their prayer for giving salary, time scale and other service benefits from the period of their joining in ......shy;ice period in the development project and/or pass such other or further order or outers as to this Court may seem fit and proper.
2. At the time of hearing at the outset the learned Advocate for the petitioners submits that he does not wish to press the Rule regarding the seniority of the p......e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
......e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
..
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....the evidence of P. W. 1, is that his son, victim Mukti was called away by his friend acquitted accused Sharif at about 7-30 pm on 20-3-2000 from their house. Just after completion of "Esha" prayer his tenant tendered witness Jalil Miah went to his house and informed him that the victim Muk......roof of the guilt, in this constriction, question of benefit of doubt favors the accused It is undoubtedly the duty of the prosecution in a case involving capital sentence to place before the court all available witnesses irrespective of their evidence being favourable or unfav......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
.... direction upon the Courts below at the time of disposal of an application for anticipatory bail. It may either admit the accused on bail for a limited period if a case is made out or reject the prayer. If any such direction is given, the courts below are under no obligation to obey such direct......al justice. The High Court Division cannot dictate its subordinate courts regulating the purported orders to be passed by it after the appearance of accused. The learned Judges have left nothing for the Tribunal of the Magistrate to decide on the question of bail. The learned Judges have practi......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....on 200 of the Code of Civil Procedure (the Code), cognizance was taken against the accused under section 138 of the Act, 1881. The accused petitioner appeared before the concerned Magistrate with the prayer for bail and he was enlarged on bail. The case being ready for trial, the records were transm......Petitioner. B. Hossain, Advocate-on-Record—For Respondent No.1. ASM Abdul Mobin, Advocate instated by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.2. Criminal Petition for Leave to Appeal No.395 of 2010. (From the judgment and order dated the 30th day of May, 201......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....equests and reminders of the respondent No. 2. The petitioners applied for rescheduling the loan without depositing down payment as required by law and, as such, the respondent No. 2 refused the prayer of the petitioners and finally the respondent No. 2 finding no alternative served legal notic...... May 15, 2013. Result: Both the rules are discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications against the ex-parte judgments and decree of the Adalat similar to the provi......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
....g evidence. If so is done, it will be treated as ultra
vires. A case cannot be finally adjudicated before trial. In situations e.g.
dismissal of services, the High Court Division cannot allow the prayer of the
plaintiff by directly asking the authority to give fresh appointment to the plainti......alse papers
against the plaintiff?
The suit cannot be finally
adjudicated without taking evidence. If so is done, it will be treated as ultra
vires. A case cannot be finally adjudicated before trial. In situations e.g.
dismissal of services, the High Court Division cannot allow the pray......cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ......cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
.... Code of Civil Procedure." 4. On the foregoing discussions and the facts as has been stated in the above, we are of the view that the instant Appeal was dismissed for non-prosecution on the prayer of the learned Advocate for the appellants with a bonafide intention that his property was li......: PC Guha, Advocate—For the Appellant-Petitioners. First Appeal No.684 of 2001. Judgment Md. Nuruzzaman J.- This application has been filed by the appellant petitioners for re-admission of the instant appeal, which was dismissed for non-prosecution on 28-1-2013. 2...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
.... petitioner is hereby directed to starrender before the concerned court below within a period of 30(thirty) days from the date of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65......y;sent by its Chairman Vs. Md. Enayetur Rahman reported in 8 LG(2011)AD 153 = 64 DLR(AD)14, the Appellate Division has categorically observed while deposing the issue as to invoking writ jurisdiction for challenging criminal proceedings; the relevant portion is quo......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....ficer, having been authorized by the Commission investigated the case and recommended to stand trial of the accused-petitioner for committing the offence mentioned in the police report with a further prayer of according sanction as required under section 32 of the Anti-Corruption Commission Act, 200....... 7275 of 2008, Writ Petition No. 7276 of 2008, Writ Petition No. 7277 of 2008, Writ Petition No. 7278 of 2008 and Writ Petition No. 7336 of 2008 sent by his Lordship, the Chief Justice of Bangladesh for disposal are taken together for analogous hearing as the matter involved in those Writ Petitions......e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ......e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
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