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Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)

....al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ......osts of the Land Ministry. Accordingly, two officers of the Land Ministry named ASM Azim, Senior Assis­tant Secretary and Md. Fazlur Rahman, Section Assistant took official actions leading to the appointment of the accused petitioners and two others as employees under the Land Ministry in terms ..

Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9

Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)

....of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......he accused-petitioners approached this Court and obtained the Rule and stay Order as stated before. Mr. KM Hafizul Alam, the learned Advocate for the petitioner No.3, draws our attention to the 11 appointment letters issued by the Executive Director of বাংলাদেশ জাতীয় য..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37

M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)

....t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......nsurer about incident requesting the insurer for pay­ment of coverage under DOS and MBD policies to the plaintiff. The insurer by let­ter dated 24.05.1992 informed the plaintiff with respect to the appointment of M/s. Asian Surveyor Ltd. for ascertaining the damage and the compensation thereof. Th..

Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

....the company from the list of CIB record did not absolve the company from the loan liability and that the disqualification of a candidate for the purpose of parliamentary election is a personal matter independent of the liability of his company. The High Court Division also held that since he held th......gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)

....aw. An appellate judg­ment, like a judgment of the trial Court must fulfill the conditions laid down in sections 367 and 368 of the Code of Criminal Procedure. An appellate judgment must be quite independent and stand by itself so that it may indicate that it has considered the case in a proper ......mmut­ing the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6

MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)

.... Court under section 8(2) of the Act for appointment of an arbitrator. In this context the High Court Division rightly observed: "None of the parties has any right to appoint any arbitrator independent of the agreement and ask other party to concur. The course adopted by the consultant cou......hy;sary steps in this matter stating that otherwise the case would be referred to the arbitrator nominated by the appellant vide Memo dated 28-9-1997. 5. The respondent did not take any step for appointment of an arbitrator on their behalf and, as such, the appellant had no other alter­nati..

Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7

Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)

....e learned Judges of the High Court Division considered the evidence of P.W.1, Shahid Ahmed, son of the plaintiff who was examined on behalf of his mother. P.W.2, Monowar Habib interior desig­ner, an independent witness, D.W.1-(defendant No.2), D.W.2-who deposed on behalf of defendant Nos.4 and 5, D......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..

Category: Property Law | Date: 22 Jan, 2012 | Hits: 87

Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)

....of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152     ...... under section 12 of the Arbitration Act, 2001 before the learned District Judge, Dhaka, which was numbered as Arbitration Miscellaneous Case No. 860 of 2008 against the sole respondent for appointment of Arbitrator claiming proportionate share of commercial/residential portion, parking pl..

Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7

Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)

.... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......The petitioner since invested substantial amount of money under the said management agreement and incurred losses as such the petitioner filed the instant application for an interim order pending the appointment of Arbitrator in accordance with the Provisions of the said management agreement. 5. ..

Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45

Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)

...., the respondents’ stance will also ensue national tragedy. 25. The state has a bounden duty to continue to accord medical facilities to the S.C Judges in order to keep afloat the theme of independent judiciary and ensure a World Class Justice delivery system. 26. In addition to th...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12

Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)

.... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ......osition and of higher responsibility than that of his previous post of Deputy Project Director he applied to the authority to fix his pay as per fundamental Rule 22(a)(i) which stated that "When appointment to the new post involves the assumption of duties or responsibilities of greater importa..

Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133

Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)

....e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......hat he was appointed on July 1, 1972 as Accounts Trainee Officer in the Bangladesh Industrial Development Cor­poration and later on, by the office order dated February 10, 1973, he was given regular appointment by BJMC with effect from November 6, 1973. BJMC being satisfied with the service of the ..

Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152

Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)

....ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ......igh Court Division in writ petition No.3614 of 2008. 2. The respondent No.1 herein filed the above mentioned writ petition before the High Court Division challenging the order of cancellation of appointment letter contained in Memo No. Prashio/09/ appointment/05/Kishore/1098 dated 02.04.2008 (A..

Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204

Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)

....titioner has to be added as necessary party 3rd party petitioner has two legal arms for addition of party, one, implead by inheritance and another by way of added as party in the instant suit on independent count and both count petitioner can be added as necessary party……..(9,10,1......ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once.   Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ..

Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4

Shahjahan Vs. State, 2011, 40 CLC (HCD)

....Enayet Hossain reported in 17 BLD (AD) 44 = 2 BLC (AD) 16. 12. In the case of Sher Ali Vs. State reported in 46 DLR (AD) 67, the Appellate Division has held that, the inherent power may be invoked independent of powers conferred by any other provisions of the Code of Criminal Procedure and this p......er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ..

Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53

Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)

....s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ...... to as the Recruitment Rules, 1979) in the National Pay Scale of Taka 425-30-574-EB-80-735-50-1035 having fulfilled the requisite qualification of 'Bachelor's degree' preferably with economics. Since appointment, the writ-petitioners have been discharging their duties to the satisfaction of the auth..

Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88

Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)

.... discussing the evi­dence and giving our findings and decisions thereon. The tribunal will be free to assess and evaluate all the evidence, facts and circumstances on record afresh and will give its independent findings and decisions thereon. 45. In the result this Appeal succeeds. 46. Hence,......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...

Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190

State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)

....elated with the deceased. Even then the evidence of such witnesses could be relied on if the same would have been found free from doubt and subsequent embellishment........ (47) Corroboration by independent and disinterested witness In a particular case all the eye witnesses may appear to ......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ..

Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8

Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)

....ion apparatus for the purpose of broadcast­ing. The respondent No.3-BTRC can allocate fre­quency to a TV Chanel which has already got the permission from the MOI for broadcasting. The BTRC acted independently in cancelling the fre­quency. It is to be noted that under Chapter V pur­suant to S......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ..

Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18

State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)

....which he had seen at the time of occurrence. He being the close door neighbour of the accused had the more opportunity to witness the occurrence and from his evidence we find that he deposed alike an independent and disinterested witness. His such fantabulous and marvellous evidence appears to be fr......t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89.   ..

Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9