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

....sional application and obtained Rule in Civil Revision No.3371 of 1998. The learned Single Judge of the High Court Division upon hearing the parties by the judgment and order dated 17-5-2009  discharged  the  Rule  and affirmed the judgment and decree of the appel­late Court.......ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ..

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

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

....ntial, credibility of testimony depends considerably on a judicial evaluation of the totality, not isolated scrutiny. When deal­ing with the serious question of guilt or inno­cence of persons charged with crime, the fol­lowing principles should be taken into consid­eration…&he......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   ..

Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17

State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)

....ase of an accused would rouse the prosecution from its slumber and would necessarily subject it to accountability. The purpose was not to give the accused a right not to be tried any more on the same charge or a clean bill of acquittal, even if he was accused of a heinous crime. Stoppage of the tria......e is directed to dis­pose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ..

Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3

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

....ble for consideration of promotion for the post of Chief Engineer under P.W.D, the respondent No.1 by the Notification being No.GriGoMo/Sha-1/5A-3/2009/91 dated 17-8-2011 assigned the addi­tional charge to one personnel, namely, Md. Kabir Ahmed Bhuiyan, to perform the current functions of Chief ......seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266.     ..

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)

....dgment and decree of the appellate Court and disposed of the Rule issued in Civil Revision No.3514 of 1998 and the Rule issued in Civil Revision No.1789 of 1999 obtained by the plain­tiffs was discharged without any order as to costs. 7. Feeling aggrieved by and dissatisfied with the judgme......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.     ..

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. ......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. ..

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

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

....mpt." Quite clearly, therefore, if the intention or the effect of the statement is to scandalize the Judge or the Court, then although the report may be true, it would not be a defence against a charge of contempt of Court. It is to be noted that the freedom of the press in article 39 (2) (b) i......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

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 ......;                    Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 204 ..

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. ......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

Amirul Islam (Md.) Vs. Commissioner of Customs Chittagong and others, 2014, 43 CLC (HCD)

....alue as well as on deposition of continuing Bank Guarantee for the difference between the CRF value and the impugned assessment. 5. Thereafter, the petitioner had paid the customs duty and other charges in cash on the basis of CRF Value and furnished the Bank Guarantee No. AIBL/NER/Bank Guarant...... order positively. In the result, the rule is disposed of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ..

Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8

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

....ther procedures have been prescribed or referred to or mentioned within the four corners of the said Ain, 2009 and that according to section 34(2) of the Ain, 2009 the penal Chairman will now dis­charge the functions as the acting Chairman till temporary suspension is withdrawn or till re-elec&s......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.     ..

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

Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)

....il revision before the High Court Division and obtained rule. A Single Bench of the High Court Division ultimately, after hearing both the parties and considering the facts and cir­cumstances, discharged that rule holding that the Court below committed no illegality in rejecting the petitioners ...... 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)

....assed by the Artha Rin Adalat issuing war­rant of arrest to detain them in Civil Jail in which Rule was issued and operation of the order dated 19-9-2005 was stayed, subsequently, the Rule was discharged for default. The writ-petitioners filed application to the Manager of the decree-holder-Bank......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.   ..

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

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

.... etc. of the accused which cannot be permitted. Ordinarily when a person is want­ed in connection with a non-bailable offence of grave nature, he is not entitled to anticipatory bail. All persons charged with non-bailable offences must be treated equally, unless of course there are special circu......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. ..

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

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

....tion controverting the material statement made in the writ-petition. 6. The learned Judges of the High Court Division, upon hearing the parities, by its judg­ment and order dated 5-2-2001 discharged the Rule without any order as to costs and vacated the interim order of stay granted earlier......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)

.... of Settlement the appellant as petitioner filed Writ Petition No. 561 of 1089 before the High Court Division and obtained Rule. 7. By the impugned judgment and order, the High Court Division discharged the Rule. 8. Being aggrieved by the said judgment and order of the High Court Division ......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. ..

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

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

.... one Imran and sale certificate was issued in his favour on 21-3-2010 "and also registered on 22-3-2010." 5. A Division Bench of the High Court Division on hearing the writ petition discharged the Rule; hence this petition for leave to appeal. 6. Heard Mr. KM Saifuddin Ahmed, lea...... 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. ..

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. ......, 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. ..

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

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

....ustody. Hence Shakhipur Police Station Case No.1/106 dated 1-12-1998 was started against the accused-petitioners. 4. Police took up investigation of the case and on conclusion thereof, submitted charge-sheet against accused petitioners under section 8(1) of the Nari-o-Shishu Nirjatan (Bishesh B......d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ..

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

Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)

....hat 'you are requested to deliver the vacant possession of the premises on 1-2-1999 to my client(s) or their representatives failing which legal action would be taken against you and you would be charged a sum of Taka 5,000 per diem by your illegal occupation of the tenanted premises'. On a ......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. ..

Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14