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Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)

....eme Court Appellate Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J            Nur Mohammad and others...................Petitioner Vs. Mosammat Kamla Khatun and others..........Resp......not at all been resolved by the High Court Division as well as by the appellate Court. For mere mistake in the schedule to the plaint, a party should not suffer and should not be deprived of valuable property. 17. Such being the case, we find that the plaintiffs should be given a chance for mak..

Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2

Ibrahim Vs. State, 2014, 43 CLC (HCD)

....০২ Acid Aparadh- Nari-o-Shishu Nirjatan (Bishesh Bidan) Ain, 1995; Sections: 5(অ) 5(ঈ), 5(ক)& 5(ঙ)   It is true that crime like acid throwing is shocking in nature and also, revolting. The crime is against society and humanity, but the prosecution convicted the ac...... Benu Mia. He recorded the state­ment of Sultan Ahmed and Aftabuddin on 2-8-1996 and on 8-5-1996 examined Arju Mia. He denied the suggestion that he submitted the perfunctory charge-sheet without proper inves­tigation. 34. P.W. 12 Dr. AJM Saleque. He deposed that the victim was admitted..

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)

....58. ......ve pattan of the suit land to Gahar Ali Pramanik and SA khatian No. 320 was published correctly in the name of Gahar Ali. Gahar Ali died leaving two sons, Hebaj Uddin and Afaj Uddin who inherited his property and is possessing the same. RS record primarily recorded the name of plaintiffs but while R..

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

AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....inal Jurisdiction) Present: Quazi Reza-ul-Hoque J ABM Altaff Hussain J AZM Tajul Islam...........................................Petitioner Vs. Government of Bangladesh and others.............Respondents Judgment April 3, 2014 Result: The Rule is ma...... they shall not be directed to promote the petitioner to the post of Chief Engineer (PWD) on the basis of seniority and/or pass such other or further order or orders as to this Court may seem fit and proper. And pending hearing of the Rule, there was an order of injunction from promoting any junior ..

Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6

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

.... Supreme Court Appellate Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Bibi Joynab Begum Chowdhury and others………..................Petitioners Vs. Osi Mia alias Osi Mia ......the suit by fil­ing written statement denying all the material statements made in the plaint. His case, in short, is that the suit is not maintainable in its present form and manner, which is not properly valued and ade­quately stamped and is barred by law of limita­tion. Defendant No.1w..

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)

....aman J       Rahima Begum...............................Petitioner Vs. Government of Banglades Represented by the Secretary, Ministry of Local Government and others.................Respondents Judgment    March 13, 2014.   ......report on 3-5-2011 to that effect. As per said report the Headmaster again issued a fresh testimonial and forwarded a letter to the Respondent No.4 on 12-5-2011 explaining as to why he failed to give proper information earlier. 10. It also appears from the report of the inquiry committee dated ..

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6

Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)

....un Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Ekramul Haque Balbul .....................Appellant [In Criminal Appeal No. 9/05] Samaresh Baidya and another……………Appellants [In Criminal Appeal No.11/05] Sab......he Court rather the intention was to expose the scandalous activities in respect of examination results and also to expose the fault in the system of appointing Judges of the higher judiciary without proper scrutiny. He submitted that for it to be contempt of Court the news reports would have to hav..

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)

....ted in: 67 DLR (HCD) (2015) 204 ......r one time within 2 (two) months from the date of the receipt of the copy of the order of this Hon'ble Court and /or such other or further order or orders passed as to this Court may seem fit and proper. 2. At the time of issuance of the Rule the operation of the impugned Notification No. ..

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

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

.... period of 6 (six) months in Nari-o-Shishu case No.148 of 2011 pending before the Nari-o-Shishu Nirjatan Daman Tribunal, Narsingdi for trial. We have perused the FIR, the medical report of the victim and other materials on record. 2. Learned Attorney-General argued that the High Court Division ......, there is specific bar under section 19(2) (ka) in exercising the power of granting bail without hearing the informant and that the Tribunal or Court may grant bail to an accused person on assigning proper reasons if it is satisfied that the accused is a woman or child or sick or infirm. In this ca..

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)

....;                             Government of Bangladesh and others..........Respondents Judgment March, 2014. Result: Both the Rules are...... allegations as brought against him. On 26-2-2013 the petitioner categorically explained denying the allegations so made against him. But without taking personal hearing of the petitioner and without proper inquiry and investigation as well as without hear­ing to the complainants who made the al..

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

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

....e Referred To- Md. Mazakat Harun & Ors. Vs. Export Import Bank of Bangladesh Ltd. 32 BLD (AD) (2012) 115. Lawyers Involved: Sheikh Fazle Noor Taposh with Md. Mehedi Hasan Chowdhury and AKM Rabiul Hassan with Md. Selim Jahangif, Advocates—For the Petitioners. Aktar Imam,......aving denied the allegations made in the petition as regards the interpretation of the aforementioned notifications dated 22-11-2011 and 7-12-2011 and letter dated 12-2-2012, further states that on a proper construction of the aforesaid Notifications dated 7-12-2011 and 7-12-2011, any director (exce..

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)

....ourt Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Moklesur Rahman (Md.) and another....................Petitioners Vs. Government of Bangladesh and oth­ers......... Artha Rin Execution Case No.560 of 2004 rejecting the application filed by them under section 57 of the Artha Rin Adalat Ain, 2003 (the Ain, 2003) for setting-aside the auction sale of the mortgaged property held on 6-10-2009 and confirming the auction sale. In the writ peti­tion, it was stated..

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

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

....Criminal) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Choudhury J Durnity Daman Commission and another………………Petitioner Vs. Dr. Khandaker Mo......;………..(14) Pre-arrest bail is an extra­ordinary remedy, an exception to the general law of bail, can be granted only in extra-ordinary and exceptional circumstances upon proper and intel­ligible exercise of discretion. The allegations that the case is false or that ..

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)

.... (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Aftab Uddin (Md.)......................Appellant Vs. Chairman, Court of Settlement and another ............Respondents Judgment February 19, 2014. Result: The appe......e judgment and order dated 19-3-1998 passed by a Division Bench of the High Court Division in Writ Petition No. 561 of 1989 discharging the Rule. 2. The facts of the case, in brief, are that the property, release whereof was sought from the 'Kha' list of the abandoned buildings publishe..

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

কবির ষ্টীল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)

....justified in maintaining assessment framed by the DCT instead of the provision of section 35(4) in as much as the applicant maintained proper books of accounts employee regularly method of accounting and without having categorically said that profit and loss could not be deduce therefrom. (III)...... (II) Whether the Appellete Tribunal u/s 159(2)/35(2)/35(4) is justified in maintaining assessment framed by the DCT instead of the provision of section 35(4) in as much as the applicant maintained proper books of accounts employee regularly method of accounting and without having categorically sa..

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

Gias Uddin Chowdhury (Md.) and oth¬ers Vs. Bangladesh, repre¬sented by the Secretary, Ministry of Law and others, 2014, 43 CLC (AD)

....Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J       Gias Uddin Chow­dhury (Md.) and oth­ers........................Petitioners Vs. Bangladesh, repre­sented by the...... Suit No.70 of 2008 filed by respondent No.3, herein, Social Investment Bank Limited against respondent No.4, namely, Nurul Islam Chowdhury for realization of the out­standing loan. The mortgaged property was sold in auction for the purpose of realization of the decretal amount. At this stage, t..

Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9

S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)

....ent: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J S.N. Kabir...........................................Petitioner Vs. Fatema Begum and others...……………Respondents Judgment February 16, 201......they are expressed in clear and unambiguous terms. The aid of pre­amble can only be taken when the meanings of the words to be interpreted are not clear and unambiguous. The words 'immoveable proper­ty' occurring in section 5 of the Ordinance include both agricultural and non-agricul..

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

Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)

....sain J   Md. Imman Ali J Md. Anwarul Haque J                    Sukur Mahmood and others.......................Petitioners Vs. State..........................................avit filed by the petitioners, the High Court Division found that the petitioners tried to impress upon that the victim of her own volition went to the brothel but that the said affidavit was neither properly exhibited nor was it filed in the trial Court and that the victim denied making any affi&sh..

Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21

Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)

....uzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Durnity Daman Commission.........................Petitioner Vs. Jesmin Islam and another…………….................Respondents Judgment F...... Anticipatory Bail or Pre-arrest Bail is an extra-ordinary remedy and an exception to the general rule of bail which can be granted only in extra-ordinary and exceptional circum­stances upon a proper and intelligent exercise of discretion. The High Court Division cannot exercise its discretio..

Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4

Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)

....Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Durnity Daman Commission........................Petitioner Vs. Jesmin Islam and another…………................Respondents Judgment February 1......n is disposed of. Anticipatory Bail is an extra-ordinary remedy and an exception to the general rule of bail which can be granted only in extra-ordinary and exceptional circum­stances upon a proper and intelligent exercise of discretion. The High Court Division cannot exercise its discretio..

Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4