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Tapan Kumar Mondal Vs. Bangladesh and others, 2014, 43 CLC (HCD)
....ties to number of candidates with any physical handicraft disability or whether the respondents have already sufficient numbers as per the quota for the same post or not. We, therefore, consider that justice would be met if the respondent No.3, Director General, Directorate of Primary Education, Mir......n Directorate, Dhaka in the daily newspaper known as “Janakanta” dated 31.01.2012 .The petitioner’s made application pursuant to the said advertisement and supplied all the relevant documents including a handicraft certificate for his physical disability as contained in the aforeme..Category: Employment/Service Law | Date: 23 Jul, 2014 | Hits: 36
....ed his wife and even they did not say that at the time of occurrence petitioner was present in the place of occurrence but the High Court Division failed to follow the principle of criminal justice and dismissed the appeal by the impugned judgment and order which is liable to be set-aside.......n to interfere with the decision of the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 54.
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Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15
Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)
....dicted the judgment and order passed in the miscellaneous appeal and allowing the prayer for temporary injunction, the appellate court committed an error of law in the decision occasioning failure of justice. 14. It is further stated that the learned District Judge committed illegality in grant......ted land and number of plot. The defendant No. 1 asked the defendants to state the plot number and khatian number of the land given to the defendant No. 1 but they mentioned a plot number without any document. So, it is not proved that the defendant No.l got the land in exchange of the suit land. It..Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
.... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ......uit is barred by limitation. The High Court Division did not believe also the plaintiff's case and made observations to the effect that the Exhibit-6(sale certificate) has been supported by other documents together with several decrees of the competent court all of which tell against the ca..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....stay granted earlier by this Court at the time of issuance of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ......stay granted earlier by this Court at the time of issuance of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....his aspect most illegally rejected the application of the petitioners under Order VII, rule 11(d) of the Code of Civil Procedure, 1908 resulting an error of law in the decision occasioning failure of justice and hence the impugned order is liable to be set-aside.
11. Learned Advocate further su......o send.
The name, address including email address, telephone and facsimile number of the Respondent,
A copy of the written arbitration clause together with a copy of the contractual documentation in which the arbitration clause is contained or in respect of which the arbitration ar..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....ourt below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ......tion 24 of the Non-Agricultural Tenancy Act and that the High Court Division failed to make distinction between holding and the land, and that land can only be divided either by decree or by any document and not by separating 'jama'. 9. Mr. Mahbubey Alam, the learned Senior Advocat..Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22
Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)
.... things it would be difficult, nearing almost an impossibility to subject such exercise undertaken by the Full court expect in an extra ordinary case when the Court is convinced that some real injustice, which ought not to have taken place, has really happened and not merely because there could...... for this court to interefere with the impugned decision and order. Thus, the petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381 ..Category: Administrative Law | Date: 19 May, 2014 | Hits: 3
Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)
.... Source: www.gpo.gov/fdsys/pkg/PLAW-106. pub1546. (2) DNA Identification Act, (Passed in 1998) by Canadian legislature. Published by Minster of Justice at the Source: the website//laws lois.justice. gc.ca/eng/acts/D-3.8. 56. Other countries like Australia, UK have also accepted the DN...... letter sent by Professor Sharif Akhturzzaman (Phd) being the Head of the DNA Laboratory, the DNA test report and an attachment under the title "DNA parentage test: Technical Issues". These documents have been marked as Exhibits-X, X (1) and X (2)" respectively. 23. On the d..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....entering into the merit about his complicity on the ground that after being enlarged on bail for a limited period, he did not seek for extension and that he remained in abscondence as a fugitive from justice. 7. Now the first question is whether a confessional statement of co-accused can b...... 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. ..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....sion and also that of the appellate Court below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ......tion 24 of the Non-Agricultural Tenancy Act and that the High Court Division failed to make distinction between holding and the land, and that land can only be divided either by decree or by any document and not by separating 'jama'. 9. Mr. Mahbubey Alam, the learned Senior Advocat..Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7
Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)
....ory of refusal with an undertaking in her petition of complaint, as such, the initiation and continuation of the instant proceeding is a sheer abuse of process of the Court and to secure ends to justice the continuation of the proceeding is liable to be quashed. 8. We heard the learned Adv...... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ..Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....upra) where the Court appears to have seen the power in a wider perspective and observed that the Government can so act even without notice to the Nikah Registrar and neither the principle of natural justice nor the question of vested right can be called in aid to qualify, impair or circumscribe the......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: ..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....earned Senior Advocate for the petitioner, proffered before us that the High Court Division misdirected themselves by failing to recognise that (1) failure to adhere to the principles of natural justice steered the authoritie’' move to a nullity (2) the doctrine of estoppel stood......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. ..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....n being infructuous………………… (27) It a fit case to exercise the power vested in this Court under article 104 of the Constitution for doing complete justice in the matter by modifying the directions given by the Tribunal, the High Court Divisio...... maintained in the Mortgage Registers. The business in advancing loan by receiving gold ornaments as mortgage is carried on verbally as per the business practice and custom. There was no written document and there was no mortgage in writing as well. It is a prevalent business practice and custo..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
....ated 11-12-94" is without any evidence or basis or papers in support of such finding and said quotation was made without perusing the lower Court records and, as such, there was a miscarriage of justice and hence, the impugned judgment of the High Court Division is not sustainable in law and is......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. ..Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....consideration…………..(39) Evidence of Solitary Witness Calls for Corroboration as s Rule of Prudence. It is absolutely necessary for the interest of justice that at least the victim's statement must be in conformity with the probability and in a......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 ..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)
....on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ......d. Hebaj Uddin Pramanik and another..........Plaintiff-Appellant-Opposite Parties Judgment April 6, 2014. Result: The rule is made absolute. Presumptive value of 30 years old documents It is true but contents of the exhibits 3 and 2 series being 30 years old are require..Category: Property Law | Date: 6 Apr, 2014 | Hits: 9
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....ing to conclude the trial within the specified period as provided under the law but due to the non-cooperation of the opposite parties the time limit ran out. Thirdly: In order to secure ends of justice the case is required to be revived. 7. No one appears on behalf of the accused opposite......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 ..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....is Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111 was observed inter alia that: .........Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or of any......o the post of Additional Chief Engineer on 30-6-2011 (Annexure-1 2, 3, 4 and 5). 66. On perusal of the submission of both the parties, the petition, the affidavit-in-opposition and the available documents, it is quite apparent note that the authority concerned for filling up the vacancy of the ..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
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