Search Options
Judgment Advanced Search
Displaying 101-120 of 3397 results.
....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...... post of Assistant District Education Officers who are similarly situated under the Bangladesh Civil Service Recruitment Rules, 1981 for promotion to the posts of Headmaster/Headmistress of the Government High Schools and District Education Officer, should not be declared to be ultra vires to t......;
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......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 was handed over to police on the spot. The medical report corroborates the allegations of sexual assault. ......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
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......No. 1 Company; that the Respondent No. 1 is a public company limited by shares incorporated under the Companies Act, 1913; it carries on business as a commercial bank through its branches located all over Bangladesh it's shares are listed and publicly traded in the Dhaka and Chittagong Stock Exc......d department and also by your good-self over telephone that irrespective of any sponsor/promoters and general shareholders, must have minimum 2 percent share to become a Director, but the Pubali Bank management repeatedly confirmed that as per latest decision/notification of SEC that above 2 per cen..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...... Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Moklesur Rahman (Md.) and another....................Petitioners Vs. Government of Bangladesh and others................Respondents Judgment &n......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
.... 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.
......etion. The allegations that the case is false or that the same has been initiated out of political rivalry or the omnibus allegation that the Magistrates and lower court Judges are controlled by the government, cannot, by themselves ground for anticipatory bail. Such a bail prayer can be c......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)
....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......he introducing of Value Added Tax, the writ-petitioner has been paying the same on regular basis on the manufactured price of the item. The writ-petitioner has seven VAT registered locations all over the country of whom, one at Ramgarh, Jalalabad and another at Bhatiari, Chiggagong. The co......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
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......by the judiciary which is not at all permissible........................(23) Benami Transaction Because 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......, 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
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......ct of the decree, at the time of SA operation, in collusion with surveyors got 'Ka' scheduled land recorded along with other lands in his name though he had no right, title or possession over the suit land and such erroneous record created clouds over the title of the plaintiffs. The pl......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......ared before the Court and prayed for staying the execution of the decree on the grounds that since the Bank proceeded against the appellant Company's properties being treated as abandoned by the Government, the Directors of the appellant Company were not properly, served with notice and that had......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
....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 ......d only in the "Henry VIII clause". Voluntary retirement scheme is a method used to reduce surplus staffs. Participation in the voluntary retirement plan is voluntary. It has to result in an overall reduction in the existing strength of employees..........(21)
It is the administrators ......produced by the appellant that he had also received a considerable amount out of the amount payable as retirement benefits.
15. BADC was said to be overstaffed. For the purpose of effective management, manpower planning was contemplated by the Ministry of Agriculture. In order to downsize ..
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-......l nature of which the value does not exceed twenty-five thousand Taka shall be cognizable by a Court of Small Causes. Sub-section (3) of section 15 of the Act provides that subject as aforesaid, the Government may, by order in writing, direct that all suits of a civil nature of which the value does ...... 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
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......ld clearly appear that the intention of the parties was to make it a mortgage by conditional sale. The mortgage was to be redeemed within 10 years. The mortgagees enjoyed the mortgaged properties for over 15 years for the principal amount and maximum interest available to the mortgagees thereon. Anu......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......e to appeal, in a nutshell, are: The leave petitioner as the pre-emptor filed Pre-emption Case No.5 of 2000 in the Court of Senior Assistant Judge, Nandail, Mymensingh claiming pre-emption right over 24 decimals of land described in the schedule to the application for pre-emption under section ......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
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
....ted that the appellant supplied accounts certified by Chartered Accountants which under section 82 of the Income Tax Ordinance, 1984 is sufficient to deem the return as correct. 13. On the other hand, Mrs. Mahfuza Begum, learned AAG submitted that the provisions of section 82 is only appli...... that being so it could not be made a ground for making reference under section 66(1) of the Income-tax Act." 11. She further submitted that the question of fact does not require to be controverted by filing an affidavit-in-opposition. As there was no requirement to controvert the question......he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....ge in arriving at the decision have no mariner of application on the facts of the given case. 9. Mr. Raghib Rouf Chowdhury, learned Advocate, appearing for the plaintiff-respondent, on the other hand submits that, before issuing termination letter, plaintiff was not given any chance to explain ......ellip;…...........Respondent Judgment December 12, 2013 Result: The appeal is dismissed. Case Referred to- Kanchan Mala Bepari Vs. Ananta Kumar Bepari, 6 DLR 254 Government of Bangladesh Vs. Md. Tajul Islam, 49 DLR (AD) 177 Mozibar Rahman Vs. The Chairman, Dhaka ......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)
....r Province Vs. Suraj Narain Anand, PLD 1949 PC 1; Poonam Vs. Sumit Tanwar, (2010) 4 SCC 460; Pakistan Vs. Akhlaque Hossain, 17 DLR (SC) 545; Major Bazlul Huda Vs. State, 63 DLR (AD) 62; Messrs Thungabhandra Industries Limited Vs. The Government of Andhra Pradesh, AIR 1964 SC 13 72; Sheonandan Paswan......PLD 1949 PC 1; Poonam Vs. Sumit Tanwar, (2010) 4 SCC 460; Pakistan Vs. Akhlaque Hossain, 17 DLR (SC) 545; Major Bazlul Huda Vs. State, 63 DLR (AD) 62; Messrs Thungabhandra Industries Limited Vs. The Government of Andhra Pradesh, AIR 1964 SC 13 72; Sheonandan Paswan Vs.State of Bihar, AIR 1983 SC 112......te about it, for example; the Code of Criminal Procedure; the Code of Civil Procedure; the Penal Code etc. 63. It is stated that the following Acts and Regulations regulate the establishment and management of jails, the confinement and treatment of persons therein, and the maintenance of discip..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)
.... the door step of his house,opposite party 1 at the instance of opposite party 2 dealt a blow on his head with a stick. As he quickly shifted his position and tried to resist the stroke with his left hand, his left mid-finger was fractured. The opposite parties in the manner described in the ejahar ...... Code. 2. The petitioner lodged an ejahar with Sonaimuri Police Station on 04.02.2001 against opposite parties 1-20 and another alleging inter alia that he had enmity with the said opposite parties over a land dispute. On 15.01.2001the opposite parties 1-20 and their accomplices demanded him to pa...... 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
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....order impugned before the High Court division and, as such, the impugned judgment should be set-aside. 8. Mr. Munir Sharif, learned Advocate, appearing on behalf of respondent No.3, on the other hand, supports that impugned judgment. 9. We have considered the submissions of the learned Adv......entary Affidavit, the petitioners stated that they paid total Taka 22, 24,000 upto 2-11-2010 towards payment of loan payable to HBFC. 20. The auction took place in respect of 400 square feet of Government Plot No.8, Block-A, Avenue-2, Section-11, Mirpur Housing Estate, Police Station-Mirpur, Dh......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
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....o- Hasanuddin Sarker Vs. State, 34 DLR 287; Kazi Ahammad Bazlul Karim Vs. State, 11 BLC 60; Abdul Bari Vs. State, 3 BLC 474; Habibur Rahman Mollah Vs. State, 61 DLR. Lawyers Involved: Khandhar Mahbub Hossain with Md. Shah Alam, Advocates—For the Appellant. Md. Abdul Hai, DA......onvict-appellant requested the Chairman, BCIC to provide him with pay and allowance at the rate, he used to draw as Chairman of the same subject to adjustment till execution of his contract with the Government. It has been also alleged that the convict-appellant received Taka 2,89,130.61 towards pay......nding that the BCIC is to pay the salary and other benefits to him till execution of contract in between him and the Government. Thereafter, he deposed the BCIC is a corporation under the active management of the Ministry of Industries. He further deposed that the convict-appellant was allowed ..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)
....t Judge, Sixth Court, Dhaka allowing Miscellaneous Case No.19 of 2011 arising out of Title Suit No.103 of 2004 renumbered as Title Suit No.2725 of 2008 and directing the petitioner (decree-holder) to hand over the possession of the suit land to respondent No.1 immediately. 2. The facts leading ......ge, Sixth Court, Dhaka allowing Miscellaneous Case No.19 of 2011 arising out of Title Suit No.103 of 2004 renumbered as Title Suit No.2725 of 2008 and directing the petitioner (decree-holder) to hand over the possession of the suit land to respondent No.1 immediately. 2. The facts leading to th......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. ..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
95929152936188478726957088448838904995619598883487158853968588308571874096218695