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State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ......ed that ‘Therefore, the confession made by appellant Arnit Das clearly supports the other items of evidence against Sidharth and his participation in the conspiracy and his role in the crime is fully established. Other conspirator and persists with the conspiracy even after his arrest. That is......red by my brothers, Surendra Kumar Sinha, J and Md. Abdul Wahhab Miah J. I agree with the reasoning and findings given by Md. Abdul Wahhab Miah, J. Surendra Kumar Sinha J. - I have had the advantage of reading the draft copy of the judgment proposed to be delivered by my learned brother Md..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)
.... separate saham for 4.42 acres of land. In the circumstances both these two Civil Petition for Leave to Appeal be dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 51. ......bdul Gafur Bhuiyan was not born during the life time of his father Alimuddin Bhuiyan he did not get any property from his father by the deed of gift dated 29-10-1911. That in such circumstances his 2 full brothers Ibrahim Bhuiyan and Abdul Jabbar Bhuiyan made an oral gift of 4.30 ½ acres of l...... separate saham for 4.42 acres of land. In the circumstances both these two Civil Petition for Leave to Appeal be dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 51. ..Category: Property Law | Date: 12 May, 2014 | Hits: 6
....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.
......rt Division failed to consider rules 7(2), 14(2) and 14(3) of the Rules in its proper perspective which contemplate that the promotion of the employees is to be considered by the authority with their full satisfaction and one cannot claim promotion as a matter of right. He submits that the High...... Testing Laboratories (CTL) and dissolving Bangladesh 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/o..
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. ......e in unlawful possession, not for lessees who turned unauthorised occupant after the expiry of the tenure of the lease (VI) the word "shall" has been inserted in both clauses 5 and 6 meaningfully to indicate that it is the duty of the lessee to vacate the property at the end of the stipula......the last 22 years. He also invoked the doctrine audi alteram partem asserting that no notice was served upon him before the notice to quit was issued. The property was never listed as a national heritage by the Ministry of Culture and there is no record with the said Ministry or the Ministry of Land..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ......r land vide registered deed No.2808 dated 13-3-1961 and handed over possession thereof to him. The said leasee Motiur Rahman Mullick constructed a two storied building on the suit plot and while peacefully possessing the same, transferred the suit plot to his brother Habibur Rahman, the father of th...... cause of action, then the questions whether that cause of action was actually present, whether it was sufficient to file the suit etc., being question of fact cannot be decided at the initial stage and can be decided only on the basis of evidence at the time of trial.......(41) The contin..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
হোটেল পূর্বাণী ইন্টান্যাশনাল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in: ......েন; Ground No. 2 is related to the disallowance from expenses claimed in the profit and loss account. Objections have been raised in respect of eleven heads of expense. The DCT made partial/full disallowance from the claims mainly because of lack of proof and verifiability. At the first ap......ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 22 Apr, 2014 | Hits: 4
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 ......Haque Vs. State, 1982 BCR 332, Moinullah Vs. State, 1988 BLD 100= 40 DLR 443; State Vs. Babul Hossain, 52 DLR 400; Abdul Haq Vs. State, 14 BUT 485, Fazu alias Fazlur Rahman Vs. State, 1 BLC 558; Rekatfullah Vs. State, 13 DLR 750; AIR 1921 (PC) 69; Safder Ali Vs. Crown, 5 DLR (FC)107; Moslemuddin Vs.......) was married with Arju Mia (P.W.3) before 14/15 years of the occurrence. During their wedlock three children born and she used were reside in her conjugal home. During subsistence of their marriage her husband married one Fatema, sister of accused Ibrahim, for the second time who failed to sta..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
....marily his sound was negative. Still the authority was not satisfied and seemingly could never be satisfied till her complete removal from the post.
14. The petitioner is none but a poor village woman and needs the job to ease her struggle for survival with her family not for making fortune. If......e year 2005 and has been serving as such in the office c UCCA, Lohagora, Narail since the date of joining. It is the case of the petitioner that she was serving in the office of respondent No. 4 with full satisfaction of her higher authority but when she prayed for another increment in the year 2010...... service rendered by the MLSS is otherwise satisfactory and not detrimental to the interest of the institution concerned mere defect/flaw of his/her academic records, not detected at the entry stage or soon thereafter, should not be the ground for her removal. ........... (15)
Lawyers Invo..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......ring in the two newspapers naming Justice Faizee have the effect of scandalizing the Court and bringing the justice delivery system into disrepute in the eyes of the public or whether the reports are fully covered by the freedom of press guaranteed under Article 39(2) (b) of the Constitution. 1...... acceptable. He submitted that the reports have not only contain the facts found after the inquiries were made, but also expressed the personal opinion of the reporters which has tarnished the image of the judiciary and lowered the dignity of the Judges as well as the system of appointment of J..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
....;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
......romoted to the feeder posts of Assistant District Education Officers by the Government on different dates in between the years 2011-2012 and that they have been performing their functions to the full satisfaction of the Government and the Director General, Secondary and Higher Education Directo......;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
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Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3
State Vs. Arman, 2014, 43 CLC (AD)
....cising the power of granting bail without hearing the informant and that the Tribunal or Court may grant bail to an accused person on assigning proper reasons if it is satisfied that the accused is a woman or child or sick or infirm. In this case the High Court Division has overlooked these provisio...... 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 the scale of justice. In such cases the Courts are bound to exercise t......fully balanced and weighed in the scale of justice. In such cases the Courts are bound to exercise their discretion judiciously with due care and caution because every erroneous decision is a miscarriage of justice and every miscarriage is derogatory to the common interest of the society. There..Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
....hereinbefore. The Artha Rin execution case in question (No.560 of 2004) shall stand satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ......t to the order" of the learned vacation Judge and intimate his client about his conduct in that respect within 7(seven) days from the date of receipt of the application. In this application, the full context of the order passed by the learned vacation Judge in the CMP as quoted hereinbefore was......ka in Artha Rin Execution Case No.560 of 2004 rejecting the application filed by them under section 57 of the Artha Rin Adalat Ain, 2003 (the Ain, 2003) for setting-aside the auction sale of the mortgaged property held on 6-10-2009 and confirming the auction sale. In the writ petition, it was s..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.
......is fact to the tax authorities in Bangladesh and paid tax on it.
10. His explanation, however, is that after completing his doctoral research in the year 1975, he and his spouse remained in full time employment in the United Kingdom for two years and that his spouse worked full time i......t below will consider the same using its own legal discretion without reference to the High Court Division's anticipatory bail order. Anticipatory bails shall not survive post charge-sheet stage…………………………….(23)
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Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)
....y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372 ......nd. 2. The writ-petitioner filed the above writ-petition impugning the order No.CEVT/CASH (VAT-05/98 dated 30-6-1998 issued by writ-respondent No.2 rejecting the appeal of the writ-petitioner in full and refusing the prices declared by the writ-petitioner for the products manufactured by t......ndustrial and medical gases including nitrogen and of all plant, machinery, equipment and accessories for dealing with trading and manufacturing or applying the said gases and by products and engaged in the business for the last 27 years supplying at present 70% of the total demand of oxygen an..Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....manded to the Court of Settlement to deal with it in the light of our discussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ......n Government of East Pakistan on 10-2-1956 to one Kulsum Bibi wife of Abdur Rahman, a refugee. It was one of the stipulations of the lease deed that the refugee would have no proprietary right unless full payment of Taka 600 was made. 3. The appellant's case is that lessee Kulsum Bibi died ......er, Abdur Rahman transferred the property to the appellant on 22-10-1977 for a consideration of Taka 4,000. After purchase the appellant mutated his name and paid the taxes and rents to the different agencies. Since purchase, he was in possession of the property. His vendor Abdur Rahman died on..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
...., we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......, we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ............(23) Benami Transaction Because of benami transactions, multifarious litigations crop up across the country. Moreover, the persons having the possession of black money take advantage of benami transactions by purchasing property in the names of their nearest relatives and s..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
....d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......elites' but at that time they denied taking his daughter. The informant then tried to trace out his daughter in different places. After that, he came to know that the accused-petitioners very tactfully sold his daughter in the brothel and her name was changed to Dilara who kept in the room of &l......hatun, to Tangail to provide her with a job at a monthly salary of Taka 300 on the assurance that his daughter would be happy in Tangail in the house of their relatives and she would be given in marriage to a good boy. Believing in the assurance of the accused-petitioners, the informant allowed..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
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. ......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. ....... It follows that the claimant has to plead in his petition or in the plaint that by reason of such order he has suffered loss or expense or injury, for which, he claims compensation. General damages may be awarded in cases where an order of injunction is obtained on insufficient grounds and th..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. ......ssion of the auction sold property was delivered to the auction purchaser on 20-1-2009 at about 11-30 am and since then he has been in possession thereof. Thus, the auction sale had already taken its full effect and there remained nothing to be done in respect of the same. The High Court Division fe......y;tion is a nullity and such nullity, in no way, is curable or immune from being challenged. The orders of the High Court Division declaring the proceedings and the auction sale of the mortgaged property in question held in the execution as illegal, the observation that "The auction p..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
.... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ...... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ......d submit to the process of justice before he can claim the right of audience provided in law as well as the judicial convention, which is very much effective in the Court of law. Enunciating the age old maxim that a man who seeks justice from the Court of law must come before the Court to agita..Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1
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