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....dated 18-4-2011, payment of salaries and other benefits but the respondents did not pay heed to any of the applications. As a last resort the petitioner served a notice upon the respondents demanding justice through her engaged Advocate requesting them to withdraw /rescind the office orders dated 18......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)
....eading captions distorted the truth in reporting that Justice Faizee's LLB certificate was forged and that he never passed his LLB examinations thereby interfering with the administration of justice and shaking the public confidence. 3. After obtaining his Bachelor of Arts degree,......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. ..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
....criminatory and violative to the fundamental rights as guaranteed under Articles 27 and 29 of the Constitution.
15. In view of the forgoing discussions and findings, we are inclined to hold that justice will better be served if a direction is given upon the respondents to issue notification rel......;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
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Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3
State Vs. Arman, 2014, 43 CLC (AD)
.... 5. In granting bail the court should not be oblivious of the trend of rising similar nature of offences in the country. The exercise of power must be carefully balanced and weighed in the scale of justice. In such cases the Courts are bound to exercise their discretion judiciously with due care a......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
Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)
.... application for withdrawal of the succession case as per provision of the Code of Civil Procedure. 10. However, in the circumstances narrated above the Court below did not commit any wrong or injustice at all in transposing the added opposite parties as petitioners and the petitioners as ...... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ..Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
....ivision for hearing on merit or in the alternative, the writ petition may be disposed of finally by this Court invoking the power vested in it under article 104 of the Constitution for doing complete justice in a case. 14. Mr. Harun-or-Rashid, learned Advocate, entering caveat on behalf of the ......the decree-holder-Bank sanctioned Taka 5,00,000 as CC Hipo Loan in favour of M/s. Shabuz Medical Hall of which writ-petitioner No.1 is the proprietor. Writ-petitioner No.1 executed all necessary documents in favour of the decree-holder-Bank and enjoyed the benefit of the loan. The property of o..Category: Others | Date: 24 Feb, 2014 | Hits: 15
....is imperative on the part of the Court to refuse pre-arrest-bail when allegations against the petitioners are of serious nature, because the Court must always nurture in their introspection that justice must eventually be done by ensuring punishment for the offenders, as otherwise the fabrics o......es under section 13 of the Money Laundering Act 2002, section 4 of the Money Laundering Act 2004 and section 4 of the Money Laundering Act 2012.
6. The informant further stated that various documents divulge that during the period between 2001 and 2006, the bail petitioner a-massed huge vo..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
কবির ষ্টীল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in: ......ether the appellate tribunal u/s 159(2)/24 Chittagong Bench, Chittagong was legally justified in maintaining the notnal estimated rental value in excess of disclose value without having any authentic document in support of excess estimated rental value. ১২। অত্র আয়কর ম..Category: Fiscal/Taxation Law | Date: 17 Feb, 2014 | Hits: 7
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....reviving the miscellaneous case (16 of 1989), the same may be disposed of finally by this Court invoking the power vested with this Court under article 104 of the Constitution in order to do complete justice and in support of his submission, he has referred to the case of M/s Gannysons Limited Vs. S......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. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
....d 20-3-2011. 3. The only point for determination in this Rule is whether the Court of Appeal below committed any error of law resulting in any error in its decision occasioning a failure of justice. 4. Mr. MA Qayyum Khan, learned Advocate appearing on behalf of the defendant-appellant...... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
....aking the classification. A classification is reasonable if it aims at giving special treatment to a backward section of the population; it is also permissible to deal out distributive justice by taxing the privileged class and subsidizing the poor section of people. What is of fundam......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
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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. ......to reconvey or where to transfer or receives from the transferee any consideration and transferee acquires the right to possess and enjoy the usufruct, shall notwithstanding anything contained in the document relating to the transfer, be deemed to be a complete usufructuary mortgage for a period of ..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Mortuz Ali Khalifa Vs. Jobeda ® Kalu Bibiand others, 2014, 43 CLC (AD)
....ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ......ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ..Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
....ingly allowed. No Court of law can give any protection or entertain any application by a person Fugitive from Justice An accuse person who avoids the process of any court is a fugitive from justice and can not seek justice without surrendering before a court of law. A man who seeks ju...... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ..Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....the contract. Court's decree necessary.' 10. Learned Advocate next relied on the case of Government of Bangladesh Vs. Md. Tajul Islam, 49 DLR (AD) 177, wherein on the question natural of justice, the Appellate Division held as 'it is well settled that a show cause notice is not a te......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 ..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....asonable delay in the disposal of a case. Section 13 of the Act restricts adjournment of the trial of a case unless the Tribunal is of the opinion that the adjournment is necessary in the interest of justice, that is to say, the Tribunal shall not allow any unnecessary adjournment of the trial of a ...... unreasonable. (3) A Tribunal shall not require proof of facts of common knowledge but shall take judicial notice thereof. (4) A Tribunal shall take judicial notice of official governmental documents and reports of the united Nations and its subsidiary agencies or other international ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
....ely section 6(1B) of the Criminal Law Amendment Act, 1958 which allows trial of an accused in respect of more offences than one in one trial for all such offences, has resulted in miscarriage of justice. 8. The learned Deputy Attorney-General, Mr. Biswajit Deb Nath appearing on behalf of t...... 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. ..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)
....f evidence is narrower than that in an appeal. It is also difficult to interfere with a judgment and order of acquittal, unless there is non-consideration or misreading of evidence, or miscarriage of justice arising out of misconception of law, gross procedural irregularities and apparent harshness ...... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ..Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24
Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)
....s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ......s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ..Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
.... In several cases including the cases of Ganyson Ltd. Vs. Sonali Bank 37 DLR (AD) 42 and AFM Naziruddin Vs. Hameeda Banu 45 DLR (AD) 38, this Division previously exercised the power of doing complete justice under 104 of the Constitution. The subject matter of the instant case represents an occasion......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. ..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
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