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Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ......to the Ministry asking for any division of the Union for the purpose of creating a new jurisdiction for appointment of another Nikah Registrar or is there any other reasonable basis for taking such a decision where other adjacent Unions are remaining undisturbed in the similar circumstances. Adjourn..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ......rities had been affirmed while by Leave Petition No.1902 of 2011 he challenged another aspect of the same judgment and order whereby the High Court Division directed the government to implement their decision to establish "Suchitra Sen Sangrahashala" immediately. 5. Not surprisin..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Sharif Miah Vs. Rina and anothers, 2014, 43 CLC (HCD)
....r shall also be furnished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16 ......n as alleged father and (2) the responsibility of a man as the alleged father to provide maintenance to the minor girl, Court has to rely on Additional Evidence i.e. DNA test to come up with a proper decision. In the exceptional situation additional evidence may be taken in revision within the ..Category: Civil Law, Women and Children | Date: 3 May, 2014 | Hits: 5
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ......R (AD) 116 submits that court is not concerned with any presumed intention of the legislature its task is to get at the intention as expressed in the statute. We respectively agree with the aforesaid decision. The limitation prescribed for a suit for specific performance of contract, under Article 1..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ......ruck down." 26. And leave was granted to consider the only ground to the following effect: "For that consistently with the reasonings in the main body of the judgment and the decision allowing the appeal (CA No.43 of 1983) arising out of Miscellaneous Case No.958 of 1981 sta..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
....e do not find any substance in this appeal. Accordingly, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246. ......ion Act, 1940. The respondent also filed Cross Appeal/Objection No.5/2001 claiming interest on the amount awarded. By the impugned judgment, the High Court Division dismissed the appeal affirming the decision of the Subordinate Judge in making the award a Rule of the Court and further allowing the C..Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10
হোটেল পূর্বাণী ইন্টান্যাশনাল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in: ...... examined records. Having considered all relevant points we are of the opinion that in some cases the amount of disallowance determined by the ld. C.T.(Appeals) is rather high. Therefore, we give our decision in respect of those in the following manner. ..Category: Fiscal/Taxation Law | Date: 22 Apr, 2014 | Hits: 4
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....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 ...... in the cases of Abdul Hatj Vs. State 14 BLT 485, Fazu alias Fazlur Rahman Vs. State 1 BLC 558, Rekatfullah Vs. State 13 DLR 750. It is further held in the case reported in AIR 1921 (PC) 69, that the decision of the Court must rest upon legal ground established by legal testimony from the prosecutio..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....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. ......y list while Md. Kabir Ahmed Bhuiyan, is at serial No. 7 but all other 6 candidates including the petitioner hand shortcoming in the Annual Confidential Report (ACR), which is very crucial for taking decision regarding such promotion cases. The post of Chief Engineer, PWD fell vacant on 11-8-2010 an..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)
....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. ......f could prove his possession in the schedule-1(ka) land he could not avail of the benefit of the illustration-'h' to section 3 of the Specific Relief Act. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of law and fact do ..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
....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.
......petitioner. Respondent No. 4 also formed 3(three) members inquiry committee on 31-1-2012 to inquire regarding the testimonial of the petitioner issued by Amada Maddomik Biddalaya pursuant to the decision taken by the executive committee of Lohagara UCCA Limited on-26-12012. But the said committ..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....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. ......blic or whether the reports are fully covered by the freedom of press guaranteed under Article 39(2) (b) of the Constitution. 10. Submissions have been placed before us at length by reference to decisions of the Indian and Pakistan Supreme Courts as well as those of the English and American jur..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
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. ...... of power must be carefully balanced and weighed in the scale of justice. In such cases the Courts are bound to exercise their discretion judiciously with due care and caution because every erroneous decision is a miscarriage of justice and every miscarriage is derogatory to the common interest..Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ......one 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 cent minimum share requirement is not applicable in ca..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
....en agricultural land owners and bargaders and the expression "immoveable property" cannot be said to be unambiguous and there is a doubt as to whether in dealing with agricultural land, the legislative authority at all intended to bring non-agricultural land within the mischief of section ......a benami transactions are not permissible both in rural and urban areas. We, however, got rid of benami transactions by the Land Reforms Ordinance, 1984. 30. The findings arrived at and the decision made by the High Court Division are based on proper appreciation of law and fact. In t..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....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. ......District Judge, Narayangonj. This miscellaneous case was transferred to the Artha Rin Adalat, Narayangonj pursuant to the provision of section 9 of the Artha Rin Adalat Ain, 1990. In view of the decision of this Division in the case of Bangladesh House Building Finance Corporation (supra) ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
....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
......to result in an overall reduction in the existing strength of employees..........(21)
It is the administrators and legislators who are entitled to frame polices and take such administrative decisions as they think necessary in the public interest. The court would be slow from interfering w..
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
.... 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. ......ow signally lost sight of the provisions of sub-sections (2) and (3) of section 15 of the Small Cause Courts Act and without taking those provisions into consideration, he simply relied upon the decisions reported in 12 DLR 380 and 29 DLR 380 and held that the appeal is not maintainable and a C..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
....hy;zen is entitled to equality before law and equal protection of laws. In the very nature of things the society being composed of unequality a welfare State will have to strive by both executive and legislative action to help the less fortunate in the society to ameliorate their condition so t...... between parties was heard by the King, and sentence given...."
17. When the case went before Chief Justice Sir Edward Coke, the Chief Justice of the Court of Common Plea, he overturned the decision of the King, and held that cases may be tried only by those with legal training and subject..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
Mortuz Ali Khalifa Vs. Jobeda ® Kalu Bibiand others, 2014, 43 CLC (AD)
....ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ...... witnesses, but the learned Court below without considering the aforesaid legal position most illegally rejected the prayer for recalling the witnesses which is an error of law resulting error in the decision occasioning failure of Justice". 3. Mrs. Madhu Malati Chowdhury Barua learned Adv..Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1
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