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Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)

....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.   ......No.157 of 2001 and Civil Rule No.321 (FM) of 2001 dis­missing the appeal and discharging the Rule and allowing the Cross Appeal/Objection No.5/2001 filed by the plaintiff-respondent No.1 granting interest on the Award amount @ 5% from the date of Award till payment. 2.The facts, leading to ..

Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10

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   ...... taken into 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 probabil..

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 Judge also found that Sarnamoyee Dashya, daughter of Profullah Chandra Mitra, original owner left this country 12 years before and since then defendants are in possession. Defendants predecessor-in-interest who are in possession paid rents regularly evidenced from exhibit Kha series and paying tax..

Category: Property Law | Date: 6 Apr, 2014 | Hits: 9

Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)

....nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190.     ......otice that C is in occupation of the land. A omits to make any inquiry as to the nature of C's inter­est therein. A is a trustee, within the meaning, of this Act, for C, to the extent of that interest." 13. Elaborating his submissions, Mr. Mahmudul Islam, submits that since the pla..

Category: Property Law | Date: 19 Mar, 2014 | Hits: 15

Rahima Begum Vs. Government of Banglades Represented by the Secretary, Ministry of Local Government and others, 2014, 43 CLC(HCD)

....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. ......o norm of disciplinary action in passing the order has been followed…....................(16) If the 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 ..

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.   ......ls obtained upon inquiry into the activities of the Chittagong University in respect of the examination marks interpolated in the tabu­lation sheets. He submitted that these are matters of public interest, and publication of such illegal activities of the Controller of Examination of Chittagong ..

Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16

Hossain Ali (Md.) and 22 others Vs. Bangladesh, represented the Secretary Ministry Education and others, 2014, 43 CLC (HCD)

....;                    Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 204 ......Ļļ-ā§Ē)-ā§­ā§¯ā§Ž dated 13-8-2013 had relaxed the period of experience in the feeder post of Assistant Headmaster/ Headmis­tress by reducing the same from 4(four) years to 2(two) years for public interest, without relaxing the period of experience for Assistant District Education Officers, which..

Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3

State Vs. Arman, 2014, 43 CLC (AD)

....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. ......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. Therefore, it is necessary to exercise such discretion with some restraint...

Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4

SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34.     ......he said provision of law. However, the impugned orders do not disclose as to how the government was satisfied that continu­ation of the Chairmanship by the petitioners would be prejudicial to the interest of union parishad or undesirable on the count of public interest. 10. Accordingly, it ..

Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5

Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)

....me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234       ...... Bank Companies Act, as amended in 2013, "an independent directors means a person who is independent from the shareholding and management of the Bank and who does not have any apparent or actual interest in any matter of the concerned Bank". But, in the instant case, although these petitio..

Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9

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.   ...... Writ-petitioner No.1, the loanee became defaulter and in spite of several reminders did not repay the loan amount and by lapse of time the dues stood at Taka 28, 59,333 as on 27-4-2003 including the interest and for realizing the same, the suit was instituted. In the four corner of the plaint, noth..

Category: Others | Date: 24 Feb, 2014 | Hits: 15

Durnity Daman Commission and another Vs. Dr. Khandaker Mosharraf Hossain and another, 2014, 43 CLC (AD)

....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. ......shy;tion that justice must eventually be done by ensuring punishment for the offenders, as otherwise the fabrics of the civilized society will crumble. v) The Judges must not be oblivious of the interest of the victims and the society as a whole, for justice connotes even handedness. vi) A..

Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52

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. ...... property in question having been registered with­out prior permission of the Ministry of Works is hit by the provision of section 6 of PO 16 of 1972, and the appellant having no right, title and interest in the property in question sought by way of exclusion of the property from the 'Kha..

Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21

āĻ•āĻŦāĻŋāϰ āĻˇā§āĻŸā§€āϞ āϞāĻŋāĻŽāĻŋāĻŸā§‡āĻĄ āĻŦāύāĻžāĻŽ āĻ•āĻŽāĻŋāĻļāύāĻžāϰ āĻ…āĻŦ āĻŸā§āϝāĻžāĻ•ā§āϏ⧇āϏ, 2014, 43 CLC (HCD)

....ϚāĻžāϰāĻĒāϤāĻŋ āĻŽā§‹āσ āχāĻŽāĻĻāĻžāĻĻ⧁āϞ āĻšāĻ• āφāϜāĻžāĻĻ.- āφāĻŽāĻŋ āĻāĻ•āĻŽāϤ āĻšāχāϞāĻžāĻŽāĨ¤ This Case is also Reported in:         ......……. 2) ………. 3) ………. 4) Notwithstanding anything contained in this section, no allowance shall be made on account of- a) any interest chargeable under this Oridnance which is payable outside Bangladesh on which tax has not be..

Category: Fiscal/Taxation Law | Date: 17 Feb, 2014 | Hits: 7

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. ......efit in the name of another person. (2) Where the owner of any immovable property transfers or bequeaths it by a regis­tered deed, it shall be presumed that he has disposed of his beneficial interest therein as specified in the deed and the transferee or legatee shall be deemed to hold the ..

Category: Property Law | Date: 16 Feb, 2014 | Hits: 19

Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)

....s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176.   ......commit­ted an error in not taking into consideration the point and that the suit being instituted long 28 years from the date of recording SA khatian in the name of Nazimuddin, the predecessor-in-interest of the defendants-appellants, is hopelessly barred by limitation. 9.  Mr. Ziaur R..

Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5

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. ......ee of the Commissioner, conveyance of police force and conveyance of the Magistrate respectively in connection with the auction purchase. Besides, another sum of Taka 26,00,283.83 has been claimed as interest @ 16% on the amount of auction purchased money which the auction pur­chaser allegedly t..

Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6

Bangladesh Agricultural Development CorporaÂŦtion and others Vs. Md. Abdur Rashld and others, 2014, 43 CLC (AD)

....peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 257 ......g strength of employees..........(21) It is the administrators and legislators who are entitled to frame polices and take such admin­istrative decisions as they think necessary in the public interest. The court would be slow from interfering with the economic deci­sions as it has been r..

Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9

Human Rights and Peace for Bangladesh and others Vs. Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others, 2014, 43 CLC (HCD)

....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 ......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 ..

Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5

Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)

....he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ...... of a sale and a long period of a mortgage; (iii) possession of the property, the continuance of the grantor in possession indicating a mort­gage; (iv) existence or otherwise of a stipulation for interest on repayment indicating a mortgage; (v) adequacy or inadequacy of the consideration, an ina..

Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15