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

....andalise the administration of justice, then such reports are not acceptable. He submitted that the reports have not only contain the facts found after the inquiries were made, but also expressed the personal opinion of the reporters which has tar­nished the image of the judiciary and lowered th......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

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

.... process the Union Parishad Members who made the allegations had subse­quently withdrawn his complaint vide application dated 6-6-2013 stating, inter-alia, that they made allegations out of their personal grudge but the inquiry officer i.e. the respondent No. 4 without taking into consideration ......āĻŽāϏāĻžāϤ⧇āϰ āĻŦāĻž āĻ…āĻĒāĻĒā§āĻ°ā§Ÿā§‹āϗ⧇āϰ āϜāĻ¨ā§āϝ āĻĻāĻžā§Ÿā§€ āĻšāύ;” 21. In other words, if he is found guilty of misconduct or causes abuse of power or loss to any property of the union parishad or is found to have misappropriated fund or property of the respectiv..

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

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.   ...... 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

BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)

....te of submission of price declaration as per Rule 3 (3) of the said Rule. In that view of the matter, the objection raised by writ-respondent No. 4 is not sustainable in law. On writ-petitioner's personal representation dated 23-9-1997, the writ-respondent No.4, vide letter dated 24-9-1997 and 2......y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372     ..

Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5

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. ......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

Gias Uddin Chowdhury (Md.) and othÂŦers Vs. Bangladesh, repreÂŦsented by the Secretary, Ministry of Law and others, 2014, 43 CLC (AD)

.... can protect his right and title in that property by filing proper suit in a proper forum." The petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 213. ...... 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)

...., 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. ......e of benami transactions, multifari­ous litigations crop up across the country. Moreover, the persons having the possession of black money take advantage of benami trans­actions by purchasing property in the names of their nearest relatives and such transactions increase corruption in the so..

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. ......ct, 2003. What we find from a plain reading of this section is that it is a summary remedy for getting compensation where a temporary injunction or an order of arrest or an order of attachment of the property before judgment has been made under section 94 if such prayers were made on insufficient gr..

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. ......n 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 illegal, the observation that "The auction purcha..

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

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 ...... no person or class of persons shall be denied the same pro­tection of laws which is enjoyed by other per­sons or other class of persons in like circum­stances in their lives, liberty and property and pursuit of happiness". 19. In Sheikh Abdus Sabur Vs. Returning Officer, 41 DL..

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. ......s to be determined on seven tests -  (i) the existence of debt, (ii) the period of payment-a short period being indicative 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..

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

Anti-Corruption Commission Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku and another, 2014, 43 CLC (AD)

....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.     ......orous imprisonment for 7(seven) years with a fine of Taka 50 lakh in default to suffer rigorous impris­onment for 1(one) year more. The Special Judge also confiscated some moveable and immoveable property of the accused-respondent which were found disproportionate to his known source of income. ..

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)

.... the event of dishonoring a crossed cheque. He further submits that the accused-opposite party issued the cheques in favour of the petitioner. He made the previous transaction with the complainant in personal capacity, even he instituted the title suit in his name as an individual and also signed an......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: ..

Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111

State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)

....There is nothing on record to suggest that the petition­er of the revisional application was present before the High Court Division when his application was considered or that having accepted his personal appearance bail was granted. 7. It is by now a well-established princi­ple of law ...... 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

Ekramul Hossain (Md.) and others Vs. Chairman, First Labour Court, Dhaka and others, 2013, 42 CLC (HCD)

....below on 13-10-2011 and filed written objection contending inter alia that first party-respondent Mozibar Rahman being general secretary of earlier executive committee has tendered his resignation on personal ground; and that the unopposed election shown to have declared on 27-8-2010 with Md. Mahbub......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 ..

Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5

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 ......uring 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 sections 84/93/92(1) of the Ordinance long after the death..

Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4

AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)

.... letter to the Chairman, BCIC for providing him with salary, Travelling allowance etc. from the fund of BCIC at the rate, he used to draw salary as Chairman BCIC. The P.W.16 Rabiul Haque was the then personal secretary of the convict-appel­lant who deposed that at the verbal instruction of the c......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3

Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)

....ia­tion of law and 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) 28. ......Procedure and that the High Court Division without taking into consideration this provision of the law erroneously held that leave-respondent No.1 is entitled to recover of possession of the disputed property. They further submit that defendant Nos.1 and 3 filed a joint written statement in Title Su..

Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33

SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)

....he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ...... The respondent Rezaul Islam issued Cheque No.3114708 on 14-3-1999 for a sum of Taka.4, 00,000 in favour of appellant ANM Kamrul Islam in order to repay the amount received by him to sell some landed property. The said cheque was presented by the appellant com­plainant for encashment in the bank..

Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12

Proshanta Kumar Sarkar Vs. Managing Director, Agrani Bank Ltd Head Office and others, 2013, 42 CLC (HCD)

....costs. The order of stay granted earlier is vacat­ed. Communicate a copy of the judgment to the bank concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 50. ......he respondent bank was not fair and has been done behind the back of the petitioner keeping him in the dark with a hope that no auction will be held. In ordinary prudence, in the event of selling any property of a borrower a bank ought to have inform such borrower about the quotation received from t..

Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8