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....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.
......udges are controlled by the government, cannot, by themselves ground for anticipatory bail. Such a bail prayer can be considered when it appears to the Court that the purpose of the alleged proceeding as far as the accused is concerned, is not what it purports to be, but to achieve a colla..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
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. ......ntary, to show that the owner did not intend to dispose of his beneficial interest therein or that the transferee or legatee hold the property for the benefit of the owner, shall be admissible in any proceeding before any Court or authority. (3) Where any immoveable property is transferre..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
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. ......perating part of the decree in verbatim. Naturally, if this decree on the question of compensation remains, there would arise various complications if the respondents proceed, with the execution proceeding. There is, therefore, need for examining the point in controversy despite the submission ..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. ......r order passed by a Court without jurisdiction 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 ille..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Pannu @ Md. Pannu Mia & others Vs. State, 2014, 43 CLC (HCD)
....ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ......gment February 3, 2014. Result: The Rule is discharged. When It’s Required Further Investigation The case can be sent for further investigation at any stage of the proceeding if it appears that further investigation is required for collection of further evi&s..Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2
....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
......r(s) and/or Head of the Government(s) may face the consequence of alleged corruption case in a similar situation, but judges, magistrates and the Government employees will accumulate himself from the proceeding of corruption case under the pretext of section 32ka of the Amendment Act, 2013. The acti..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
....anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
......nother...........Respondents
Judgment
January 27, 2014.
Result:
This petition is disposed of.
Section 27 is an independent provision and for initiation of a proceeding against any person under the provision, no notice is required to be served. If the p..
Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 9
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: ...... suit opposite party 2 referred to the facts relating to issuance of the two cheques in question. 6. Opposite party 2 also filed two separate applications in the complaint cases for staying the proceedings on the ground of pendency of the said title suit and being rejected further attempted to..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ......ct.' 14. Learned Advocate relied on the case of Jamuna Oil Company Limited Vs. S.K. Dey, 44 DLR (AD) 104, natural justice wherein it is held as 'natural justice in a case of disciplinary proceeding. In a case of disciplinary proceeding against an employee, in the absence of statutory ru..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
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. ......s or organization who is a prisoner of war for Genocide, Crimes against Humanity or War Crimes and other crimes under International Law. Under the Act-such person cannot challenge the legality of the proceedings on any of the grounds contained in Articles 26, 27, 28, 31, 35, 44 by resorting to Artic..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
.... 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. ......he present context, which provides as follows: "When trial may proceed immediately after alteration.- If the charge framed or alteration or addition made under section 227 is such that proceeding immediately with the trial is not likely, in the opinion of the Court to prejudice the ac..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
....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
......laiming as President and members of Narsingdi Zilla Bus-Minibus Sramik Union a registered trade union of workers bearing registration No. Dhaka-4557, obtained this Rule,on 27-10-2011, challenging the proceedings of BLA Case No. 1534 of 2011 brought before the First Labour Court, Dhaka by-respondent ..
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. ...... arising from the sale proceeding. 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 Ci..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......f the assessee-applicant, was not an income tax assessee during his life time. The Assistant Commissioner of Taxes, Survey Circle-2, Chittagong (the ACT, in brief), suo-muto initiated income-tax proceeding on 12-2-2002 for the purposes of assessment of property income of Late Golam Mowla under ..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....inant-appellant SM Redwan challenged the judgment and order dated 9-2-2003 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.2788 of 1999 quashing the proceeding of CR Case No.4690 of 1999 started on a complaint filed by him under section......nt SM Redwan challenged the judgment and order dated 9-2-2003 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.2788 of 1999 quashing the proceeding of CR Case No.4690 of 1999 started on a complaint filed by him under section 138 of the A..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
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 ......11. It is against this backdrop that he was dismissed vide memo dated 12-2-2011 issued by the Respondent No. 10, chairman of the Madrasah leading to the filing of this writ petition. 3. In these proceedings, the Respondent No.10 having at the outset raised reservation as to the reviewability of..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
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. ......oncluded on 10-11-2008 and it was fixed for delivery of judgment on 16-11-2008; but in the meantime, the appellant filed Writ Petition No. 8601 of 2008 in the High Court Division challenging the proceedings of the Special Case before the learned Special Judge and in that Writ Petition, an inter..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......ique motive.”
360. It further observed that:
“...a person approaching the Court for redress of a public or a public injury has sufficient interest (not personal interest) in the proceeding and is acting bonafide and not for his personal gain or private profits, without any poli..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......he Committee are recorded to be placed before the Commission for a decision. Since the matter has meanwhile come into consideration by the High Court Division the Commission has postponed all further proceeding of the matter and practically waiting for a decision from the Court. Confronted with the ..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ......reward either directly or through a contractor to do any skilled, unskilled, manual, technical or clerical work whether the terms of employment be expressed or implied and for the purpose of any proceeding under this Ordinance in relation to an industrial dispute includes a person who has ..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
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