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Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

....pondent No.2-ACC submits that since the charge sheet has not yet been submitted in this case, there is no question of sanction being required as that sanction is required under section 32 only at the time of taking cognizance. He further submits that for a prosecution as an abettor under sections 26...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ..

Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103

Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....gitive from law and justice." 12. In the light of the above, we find that the writ is not maintainable and accordingly the Rule is discharged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at ...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ..

Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189

Vice-Chancellor and Chancellor of the Syndicate, Sher-E-Bangla Agricultural University Vs. Asia Rahman Shova and others, 2010, 39 CLC (AD)

....l disposal of the appeal. The petitioners are permitted to add the additional grounds. The petitioners are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire. Ed. This Case is also Reported in: VII ADC (2......after thorough deliberations and examinations of the relevant papers submitted its report on 17.09.2008 to the Authority with the findings that the writ-petitioners were not selected in interview for appointment in their respective job, however, the committee recommended the matter to be placed befo..

Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92

Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)

....tioners in course of their business-opened letter of credits for importing various goods of ready made Garments through loans and continuing their business regularly without any default for a long time. 4. It is further stated that the Respondent No.4 Assistant Director Bangladesh Bank vid......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ..

Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7

Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)

....ing this power the Supreme Court would be reluctant to allow an amendment which would have the effect of totally altering the nature of the suit or of taking away a valuable right accrued by lapse of time, but where in the circumstances of a particular case it would be plainly inequitable to refuse ....... 44.  In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ..

Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13

Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

....unding Father of the Nation, a former Prime Minister of the Republic and, of course the Primordial figure of the Republic’s oldest political party, was not before the learned Court below at the time of the charge hearing because of her ailment. She was only represented by her duly empowered la......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228

Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......r or even by the Chair, is a decision as contemplated by the Ain. It has been further averred in the petition that under Section 35 (2), read with Sections 2 (f), 2 (j), 16 (4) and 34 of the Ain, the appointment of the respondent nos. 5 and 6 to the Commission was illegal, without jurisdiction and n..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102

Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......r or even by the Chair, is a decision as contemplated by the Ain. It has been further averred in the petition that under Section 35 (2), read with Sections 2 (f), 2 (j), 16 (4) and 34 of the Ain, the appointment of the respondent nos. 5 and 6 to the Commission was illegal, without jurisdiction and n..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131

Humayun Khan @ Md. Humayun Khan and another Vs. Anti Corruption Commission and Others, 2010, 39 CLC (HCD)

....ion 32 of the Act. 10. Learned advocate, Mr. A.K.M. Fazlul Hoque, appearing on behalf of the Anti Corruption Commission (ACC) submitted that the investigation of the instant case took place at a time when the country was under Emergency Rule, and the Emergency Power Ordinance 2007 and Emergency......les is hereby vacated. Bail of the petitioners is cancelled. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 409. ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145

State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)

.... Though it is appreciated that the newspaper has brought to the notice of the public at large the illegality which have been committed by the law enforcing agencies and the judiciary, but at the same time, they should refrain from identifying children who are alleged to have committed criminal offen......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ..

Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177

Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)

....e and for directing the executing Court to execute the decree as it stand. 6. I have considered the submissions made by the learned Advocate for the petitioner. 7. This Court at the time of issuance of the Rule has called for the record of execution case as well as the record of c......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..

Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7

Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)

....nce and materials on record, held that the case is barred by limitation and accordingly dismissed the preemption case, but the learned appellate Court though found that the case has been filed within time from date of completion of registration under section 67 of the Registration Act, but the learn......L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ..

Category: Property Law | Date: 13 Jan, 2010 | Hits: 56

Farida Begum Minu and others Vs. Abdul Jabbar being dead his heirs Md. Nurul Amin and others, 2010, 39 CLC (HCD)

....he present suit though a suit for declaration of title, in fact was a suit for correction of the plot No.168 in place of 138 and as such the suit for such correction of dag no is heavily barred by time, but the learned Courts below did not consider this question of limitation at all, and a s suc......he order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ..

Category: Property Law | Date: 6 Jan, 2010 | Hits: 8

Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)

.... respondent. From the materials on record it appears that the respondent authority by Annexures-C series demanded various outstandĀ­ing arrear VAT. Separate demand notices were issued at different times as per provisions of law but the petitioner knowing fully about the said arrear VAT liability......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ..

Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4

Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

.... 11. BK Mukharjea on relying on the PN Saraswati's TLL on endowment observed that for the purpose of perpetuating the worship of the deity, it is usual for the donor to make grants of land. Sometimes the gift of land is made to pious Brahmins, who received the Brahmottar for carrying on the wo......ur, nor through ancestors can the spirit worthy of a Brahman be generated." Thus, according to it, caste division should not be by birth, but by capacity. Again, it says" in making official appointments work, character, and merit were to be regarded neither caste nor the family." &quo..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)

....First Information Report with Ramgonj Police Station alleging that accused Prabir Deb Nath, Sanjoy Mazumder, Bishwanath Deb Nath and Manik Lal Deb Nath kidnapped his daughter Kanamika, who was at the time a candidate for the S.S.C. examination. 3. After investigation police submitted charge shee......liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ..

Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150

Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)

....ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ......r interview and he, having secured highest mark amongst all the candidates who faced the Selection Board, was selected for the post of principal of the above Abdul Malek College. Then in terms of the appointment letter issued on 22.06.2006 he joined the said college on 29.6.2006 as its principal and..

Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159

Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)

....Tk.50,000/- in cash to the accused No.1, subsequently he again demanded Tk.1,50,000/- as dowry. Minara Parvin on 03.09.2001 intended to go to Sirajgonj from Rajshahi by inter-city train and at the time of departure accused-petitioner Saiful Islam arrived at Rajshahi railway station and gave a sm...... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ..

Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14

Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....large have a right to get a fair chance of being appointed to the said posts but were deprived of the same since the posts were not advertised in the Press and the Newspapers. According to him at the time of appointment of the Petitioners due process of law was not fol­lowed and 121 persons incl......ate opportunity to explain his posi­tion and without such adequate opportunity it will be considered to be no notice at all……………… (63) Though in the appointment letters it has been stat­ed that the employment of the petitioners may be cancelled ..

Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3

Human Right and Peace for Bangladesh (HRPB) and another Vs. The Mayor, Dhaka City Corporation and others, 2009, 38 CLC (HCD)

....ad. It is further stated that Respondent No. 2, Dhaka City Corporation, took a project to construct a new link road through the Azimpur Graveyard by demolishing 1000 of graves ignoring religious sentiment which also stands against the statutory provisions of law, laid down in section 125 of the ......onstruct a boundary wall which has been demolished by the contractor within such period. Stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6