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4. Opposite party No.2, the Deputy Director, Railway Audit Adhidaptor of the Office of the Director General (Regional Office), Rajshahi, contested the Administrative Tribunal case by filing written statement denying all the material allegations made in the application and contending, inter alia, t......trative Appellate Tribunal, but for other grounds discussed above. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
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Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)
.... Mr. Aynal Haque brought by the respondents were under the provisions of Rules 3(b) and 3(d) of the Government Servants (Discipline and Appeal) Rules, 1985, that is, misconduct and corruption. It was stated in the charges that while performing the functions as Additional District and Sessions Judge ...... 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)
....t be excluded as being the biological father of the child Md. Biman as he possesses all the genetic markers that should be contributed to the child by a biological father. The probability of the stated relationship is 99.99999%." DNA test report prepared by the Government DNA Laborato......intiff against the defendant in Nari-o-Shishu Nirjatan Case No.516 of 2007 is silent about the date or time of marriage. However it contains a statement that the complainant (plaintiff) had love affairs with the accused (defendant) for about one and half years before the marriage. 41. The ..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....ined in abscondence and they were tried in absentia. Prosecution in support of its case has examined 18 (eighteen) witnesses and the defence examined 2 (two). It has also relied upon the confessional statement of Bazlur Rahman alias Bazlu. The Tribunal on assessment of the evidence on record found t...... 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. ......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. ..Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7
Bangladesh Rural Advancement Committee (BRAC) VS. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....ference applications have been heard together and are being disposed of by this common judgment. 2. The reference applications under section 160(1) of the Income Tax Ordinance, 1984 (hereinafter stated as the Ordinance) have arisen out of a common order dated 29.2.2004 passed by the Taxes Appel...... Bangladesh is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.- I agree. Ed. This case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)
....nied and hence the suit. The plaintiffs claimed a separate saham for 6.04 acres of land. 5. The defendant Nos. 66 to 76 the heirs of Abdul Gafur Bhuiyan contested the suit by filing written statements. The material case of these defendants was that by the deed of gift dated 29-10-1911 Alim...... 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
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ference applications have been heard together and are being disposed of by this common judgment. 2. The reference applications under section 160(1) of the Income Tax Ordinance, 1984 (hereinafter stated as the Ordinance) have arisen out of a common order dated 29.2.2004 passed by the Taxes Appel......ngladesh is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.- I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)
.... petition of complaint on oath. But on perusal of the petition of complaint it neither appears that the complainant has earlier been refused by the local police station to accept her FIR nor she stated such story of refusal on oath in her petition of complaint....... (14 & 13) Lawyers ...... 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
State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)
.... On 20-6-2007, the Anti-Corruption Commission issued an order under section 26(1) of the Anti-Corruption Commission Act, 2004 (in short, the Act of 2004) directing the respondent to submit his statement of wealth along with the statements of wealth of his wife and other dependants within 7 (s......ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
.... do with affairs of the concerned ministry which, we believe, is unknown in the advanced societies. 14. It is no denying that modern governments demand power as wider as possible. Ever expanding state functions seeking to address the multifarious problems and needs of citizens and their wellbei......ttorney General. Nowhere is it said that the power under Section 4 may be exercised at will or on request by an interested person or on a DO letter issued by a dignitary having nothing to do with the affairs of the concerned Ministry. The common strand that runs throughout the judgments is that powe..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
....h Court Division took correct view in the matter as to the right of the writ-petitioner in getting promotion to the post of Deputy Director in BSTI.
In the leave petition though it has been stated in a general way that the writ-petitioner was appointed in a temporary post under a devel......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.
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Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
.... had, thereby, acted without lawful authority. 9. The respondent No.4 in the aforementioned Writ Petition, in his endeavour to rebut the petitioner's assertion and claim, had it to state that the property in question with a single story building on it originally belonged to K......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)
.... the list of their ornaments along with the description in order to return the ornaments to the actual mortgagors through Court after proper accounting of all the arrears of Nath Jewellers. It may be stated that there is no dispute that the present petitioners are the legal heirs of deceased-Ram Kri......urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....ip;…..(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 case like this the evidence of so......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
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....e right which the appellant was seeking to pursue, but that right was not an absolute one. Under section 339D of the Code the proceedings could be revived upon a prayer from the prosecution with-in a stated period. The whole purpose of un-amended section 339C of the Code was to whip up the prosecuti......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
.... suspended. Learned Advocate finally submits that considering the facts and circumstances of the case this Rule should be made absolute with a consequential relief directing the authority to reinstate the petitioner in her service and to pay all arrear salaries and other benefits payable to her......from April 2011, within 2(two) weeks from the date of receipt of this judgment.
Communicate copies of the judgment at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 46.
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Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....ent Justice Faizee was represented by Mr. Ajmalul Hossain, learned Senior Advocate. 8. Submissions of the learned Counsel appearing on behalf of the parties: 9. The issues before us briefly stated are, whether in the instant case the reports appearing in the two newspapers naming Justice F......hence the development of the media. The public are certainly entitled to receive information regarding all aspects of everyday life which affect them, be it in relation to commerce, industry, foreign affairs, the justice system, social and cultural life in the country etc. To that extent the inciden..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
State Vs. Arman, 2014, 43 CLC (AD)
....hu Malati Chy Barua, Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Criminal Petition for Leave to Appeal No. 243 of 2012. (At this instance of state is against an interim order of the High Court Division) Order Md. Muzammel Hossain C......bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ..Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....aul Hasan J.- This is a petition filed under section 85 (3) of the Companies Act, 1994 (herein after referred as the Act) by Mr. Hafiz Ahmed Mazumder and 7 others. 2. It has been stated, amongst other, in the petition, that the petitioners are share-holders in respondent No. 1 C......ition further. In the alternative, he continues, that if this court finds a case to interfere with the current board of the directors in the Bank, then it may cause serious disturbance in running the affairs of the respondent No. 1-(Bank) owing to creating casual vacancies so close to the next AGM, ..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
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