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Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ...... any further discussion. 6. Moreover, the sanction as has been given under section 32 read with Rule 15 of the Anti-Corruption Commission Act, 2007 does not bear the evidence of satisfaction of the Commission which is required by law before issuance of the sanction in order to prosec..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......e and not taken in public interest. (vi) The statement or practice must be shown to be applicable and relevant to the case in hand. Thus where an offer of an interview had been made in 1986, but action was taken in 1988 without an interview, there was no legitimate expectation of an interview i..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
.... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......nstituted two suits against the defendants, and having lost those has filed the instant suit. The plaintiff has no right, title, interest and possession in the suit property and there was no cause of action to file the suit and the suit was not maintainable in its present form and manner. Hence, the..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ...... Court Division has fallen in an error in maintaining the decree passed by the trial Court. 5. The question that falls for determination is whether the parties have intended to conclude the transaction within the stipulated time of six months and secondly, whether the plaintiff has failed to pe..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......o issue passport to each of the two plaintiffs because of the refusal to file affidavit concerning their membership in the Communist Party. To obtain the passport each of the plaintiffs instituted an action against the Secretary of State in the United States District Court for the District of Columb..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
....Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ......filed a case against the petitioners company under section 6(2) 31, 32, 35, of the VAT Act, 1991 read with rule 34 and 42 of the VAT Rules 1991 asking the petitioner to show cause as to why the penal action should not be taken against the petitioner's Factory and also asked whether the petitione..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ......posite party Nos. 6 and 7 and other writ petitioners joined after 1985 at the time of their encadrement in DCS (Family Planning) cadre, then judgment of High Court Division shall be violated and such action shall be contemptuous inasmuch as added-opposite party Nos. 6 and 7 and writ petitioners join..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......the suit by filling written statement denying all the material statements made in the plaint. His case, in short, is that the suit is false, baseless, imaginary, malafide, collusive, without cause of action, not maintainable. The suit is barred by the principles of estoppels, waiver and acquiescence..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ......46/92 dated 11-3-1999 (Annexure-B series). After joining their respective posts the writ petitioners have been performing their duties sincerely, honestly and diligently with the full satisfaction of the students and the college authority. Nobody raised any objection against the performanc..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......y;tively were not, in any way, connected with the said protest and sit-in. The Rector and the Director, Administration of BPATC, out of anger and vindictiveness, initiated a massive disciplinary action against a large number of employees including the petitioners. Over 35 employees including st..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......te may be defined as any conduct that in any way renders an Advocate unfit for the exercise of his profession, or is likely to hamper or embarrass the administration of justice for which disciplinary action may be initiated................. (23, 28, 29, 31) Status of a Lawyer (an Advocate) and ..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......not inherently criminal in nature. We keep in mind also the fact that admittedly enmity and grudge had developed between the condemned petitioner and the victim and her family which has triggered the action of the accused. 14. In the case of Nalu Vs. State reported in 1 Apex Law Report’s (AD..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......y the Upazila Primary Education Officer, Mymensingh asking the Chairman of the Managing Committee Rehai Tarapur Sarderbari Registered Primary School, Mymensingh Sadar, Mymensingh to take disciplinary actions against them should not be declared to have been made without lawful authority and are of no..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ...... of the question papers for the admission test of MBBS and BDS (Government and Non-Government) held on 30-9-2011 for the session 2011-2012 and the assessment method and criteria thereof for the satisfaction of the Court. 3. In the writ petition, it was stated, inter alia, that the petitioners a..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ......rtha Rin Adalat Ain, 2003 in favour of the decree-holder bank is only for possession and enjoyment of the mortgaged property and it did not mean final disposal of the execution case for which further action for disposal of the suit property is necessary under section 33(7) of the said Act, but the H..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 .......... (57) Confession, the sole basis of conviction That a confession, if proved true and voluntary, can be the sole basis for conviction of the maker of confession. ......... (58) Retraction immaterial, if confession is true and voluntary If a confession recorded under section 1..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......Humayun Reza and none of them was the owner of the suit plot and was never in possession thereof and the bainapatras created by them were collusive, ineffective, illegal and were mere paper transactions. The bainapatras created by the said defendants were not binding upon the plaintiffs or thei..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ......ments Act, 1881 [XXVI of 1881]; Section 138 The cheque was dishonored for insufficient fund; and legal notice was issued and served on 7-9-2009 and within next 30 days from the date of cause of action, the case was filed on 7-10-2009. The question of prematurity does not arise. Even if it is f..Category: Others | Date: 11 Nov, 2012 | Hits: 8
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4