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Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)
....at the suit land is vague and definite and, as such, the impugned judgment should be set aside. 11. Mr. Sikder Mokbul Haque, learned Advocate appearing on behalf of respondent No.1, on the other hand, supports the impugned judgment delivered by the High Court Division. 12. We have consider......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
Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)
....6 passed by the learned Senior Assistant Judge, Pabna. 2. Plaintiff opposite parties instituted the aforesaid suit praying for decree that plaintiff opposite parties has better title. Profullah Chandra was the owner of the suit land and by amalnama dated 10th Aswin, 1348 BS gave pattan of the s......on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ..Category: Property Law | Date: 6 Apr, 2014 | Hits: 9
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....e proposal of the Ministry of Housing and Public Works Md. Kabir Ahmed Bhuiyan had been found eligible by SSB for promotion to the post of Chief Engineer, PWD, since 5 others including the petitioner hand shortcomings in ACR and 1 other was working on deputation in RAJUK. In addition, the members of......respondent No.5 by the Memo being No.05.133.006.05.01.01.2013-244 dated 9-10-2013 issued a notice for the 11th (Eleventh) Meeting of SSB for the year 2013 to be held on 20-10-2013. It is pertinent to note here that promotion for the post of Chief Engineer under PWD was not included as an agenda..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
.... Advocate with him instructed by Chawdhury Md. Zahangir, Advocate-on-Record—For the Appellant, (In Criminal Appeal No. 9 of 2005). Rokonuddin Mahmud, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record—For the Appellant, (In Criminal Appeal No.11 of 2005). ...... publication. He submitted that a publisher of the newspaper cannot have any intention to scandalize the Court or interfere with the administration of justice. Deliberation 16. We note at the outset that in their affidavit-in-opposition before the High Court Division all the appe..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
....experience in the feeder post of the Assistant District Education Officer for promotion as given to the Assistant Headmaster/Headmistress by the impugned notification.
10. On the other hand, Mrs. Amatul Karim, the learned Deputy Attorney-General, appearing on behalf of the respondents......;
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)
....e are specific allegations against the accused respondent who is 65 years old of committing sexual assault on the victim who is barely a minor girl. It is alleged that the accused was caught red handed just immediately after the incident and that he had confessed his guilt. Accordingly, he......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)
.... 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 ...... 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
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....' 10. The learned Advocate Mr. Probir Neogi, appearing alongwith the learned Advocates Mr. Shuvra Chakravorty and Mr. Manzur-al-Matin, appearing for the BSEC (respondent No. 4), on the other hand, referring to the aforesaid two notifications dated 22-11-2011 (Annexure-E-2 to the petition) a...... 1, 4 and 5. Perused the petition the petitioner's supplementary affidavit, the affidavit-in-reply alongwith the affidavits-in-opposition filed by respondent Nos. 1, 4 and 5. 13. It is to be noted here that the Company Matter No. 90 of 2013, although has come up in the list alongwith Compan..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)
....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 auction-purchaser-respondents, on the other hand, has submitted that the auction purchasers purchased the mortgaged property in question bo......petition, both these orders have been impugned as stated at the beginning. 6. Similar facts as stated in the writ petition have been stated in the leave petition. 7. From the facts as noted hereinbefore, it is clear that the writ-petitioners failed to make payment of the dues of..Category: Others | Date: 24 Feb, 2014 | Hits: 15
.... Abdul Wahhab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Choudhury J
Durnity Daman Commission and another………………Petitioner
Vs.
Dr. Khandaker Mosharraf Hossain and another.........Respondents
Judgment
February 24, 2014.
......t for the offenders, as otherwise the fabrics of the civilized society will crumble.
v) The Judges must not be oblivious of the interest of the victims and the society as a whole, for justice connotes even handedness.
vi) Anticipatory bail application must be considered in the backdrop of ..
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)
....d in the writ petition and, as such, the impugned judgment should be set aside. 9. Mr. SM Moniruzzaman, learned Deputy Attorney General, appearing on behalf of the respondents, on the other hand, submits that the price fixed by the authority was done in accordance with law as per prov......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. ......s relating to the title of the property. 11. It appears that the appellant annexed all original documents to the concerned authority on 6-7-1985 in response to the notice dated 1-7-1985. We also note the comment of the "House to House Report of the Survey Team" who noted in the 'R..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
....Petition for Leave to Appeal No.2080 of 2010 and Mr. Mahbubey Alam, learned Senior Advocate, appearing on behalf of respondent No.1 in Civil Petition for Leave to Appeal No.2081 of 2010, on the other hand, support the impugned judgment delivered by the High Court Division. 11. We have cons......ubmissions of the learned Senior Advocate, perused the impugned judgment and the materials on record. 12. Benami transactions which have been in vogue in the Indian Sub-Continent for centuries denote a transaction which is done by a person without using his own name, but in the name of another...Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....the predecessor-in-interest of the defendants-appellants, is hopelessly barred by limitation. 9. Mr. Ziaur Rahman, learned Advocate, appearing on behalf of respondent Nos.1-8, on the other hand, submits that the High Court Division came to a finding that Nazimuddin, the predecessor-i......s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176. ..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
.... impugned judgment and order calls for interference by this Court by way of giving leave. 11. Mr. Mahmudul Islam, learned Counsel, appearing for the judgment debtor-respondent, on the other hand, has submitted that the proceedings under article 27 of PO No.7 of 1973 being not a suit a...... the entire outstanding loan. This is clear from the affidavit-in-opposition filed by the decree-holder-corporation in the writ petition and also the submission made before the High Court Division as noted in the impugned judgment that "Mr. Shahed Alam, the learned Advocate for the respondent N..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
....st the other respondents except the respondent No. 9, Md Safiul Alam Khondoker.
7. Mr. Mahbubey Alam, learned Senior Counsel appears on behalf of the appellants for all the appeals. On the other hand, Mr. Abdul Wadud Bhuiyan, Senior Counsel appears for respondent Nos.1-5 in Civil Appeal No. 45 ......peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 257
..
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
....that the appeal is not maintainable under the relevant provisions of the Code of Civil Procedure and by that reason, the decision of the Appellate Court is liable to be reversed. 7. On the other hand, Mr. Md. Nurul Amin, learned Advocate appearing on behalf of the plaintiff-respondent-opposite-...... 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
....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
......erous servant".
26. In the present case, section 32Ka of Amendment Act, 2013 permits preference to be given to judges, magistrates and Government employees in corruption cases. We have noted that in absence of any indication in the Act as to how and on what objective basis an individu..
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)
....Mahmud Ali being dead his heirs: Munsur Ali and others, (1992) 44 DLR (AD) 83. 10. Mr. Abdul Wadud Bhuiyan, learned Senior Advocate, appearing on behalf of the plaintiff-respondent, on the other hand, submits that according to section 95A of the State Acquisition and Tenancy Act, the transactio......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. ..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....ly have a subsisting interest in the holding when he files an application for pre-emption but must continue to hold the self-same interest to the date when the case is finally disposed of. Vide Chandra Kumar Maladas Vs. Abdul Motaleb, 19 DLR (SC) 36 and Md. Mofizuddin Vs. Abdul Hakim, 33 DLR (A......er appreciation 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) 157. ..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
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