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Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....lly and fraudulently allotted to the accused Moklesur Rahman, father-in-law of the Deputy Commissioner, Chittagong, Mr. Md. Hasan (accused No.1) in the year 2000 violating order of the Ministry about prior approval. Previously the said plot was allotted to one Sultan Ahmed and after his death, Advoc......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ......tate was illegally and fraudulently allotted to the accused Moklesur Rahman, father-in-law of the Deputy Commissioner, Chittagong, Mr. Md. Hasan (accused No.1) in the year 2000 violating order of the Ministry about prior approval. Previously the said plot was allotted to one Sultan Ahmed and after h..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ......icial work under undue pressure is not at all fit to continue in judicial work; rather his such conduct is unbecoming of a Judicial Officer. 14. However, in all fairness, we direct the Secretary Ministry of Law, Justice and Parliamentary Affairs and the ..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....witnesses could not even prove that the document was acted upon. The appellate Court also found that the plaintiffs could not prove that they were dispossessed from the suit land on 8-9-1996 and that prior to that they are in possession thereof. Relying upon the case of Sultanuddin Chowdhury Vs. Gov......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s elected through the respective members of the General Council from amongst the voters, However, one of the principal functions of the Executive Council is to prepare electoral roll 3 (three) months prior to election, as has been stipulated in article 9(7) of the Constitution. 5. Article ......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ......ĻĨāĻžāĻ°” (in short, the Federation), a non-government organization is being run under the Constitution (āĻāĻ āĻ¨āĻ¤āĻ¨ā§āĻ¤ā§āĻ°) registered with the Directorate of Social Welfare under the Ministry of Social Welfare. However, vide Article 8 of the Constitution it has two committee namely ..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
Government of Bangladesh and othÂŦers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ......dismissed. Cases Referred to- Customs Custom House, Chittagong Vs. A. Hannan, 42 DLR (AD) 167; Gujarat State Financial Corporation Vs. M/s Lotus Hotels Pvt. Ltd; AIR 1983 SC 848; Secretary, Ministry of Industries, Nationalised Industres Division Vs. Saleh Ahmed, 1981 BLD (AD) 91; Central L..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....quivalent to the basic pay of the respondent for 20 day under Section 5 of the Public Employees Discipline (Punctual Attendance) Ordinance, 1982 for leaving his office during the office hours without prior permission from his higher authority and conversely the respondent was convicted for other spe......we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......nd placing illegal demands. An enquiry was conducted by the competent authority and on the basis of the report of the enquiry committee, the authority dismissed the petitioners from service. The Ministry of Establishment conferred power upon the Director, Administration, vide Memo No. Sama (A.P..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... case is that the allegation of fraud is false, concocted and the same is the result of personal enmity. The respondent No.1 received his licence on 06.12.1998. The cause of action of this case arose prior to the receipt of his licence from the Bar Council. Therefore the complaint petition does not ...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......ensure that justice is administered in accordance with law……………….(30) Cases Referred To- Bal Dev Sing Dhingra Vs. Madan Lal Gupta AIR 1999 SC 902; Ministry of Finance and others Vs. Mr. Md. Masdar Hossain and others, 2001 BLD (AD) 126; Kazi Abdul ..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....hereby quashed. 55. Finally, we noted that although a Writ Petition, registered as Writ Petition No.7245 of 2008 was previously filed challenging the impugned proceeding, the same was withdrawn prior to moving the instant petition before this Bench, invoking our inherent power as preserved by ......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......llip;…….......................Respondents Judgment November 28, 2012. Result: The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Government of the Peoples Republic of Bangladesh, Bangladesh Secretariat, ..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ......thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ......ed to examine the legality of a panel of three candidates for granting license of Nikah Registrar for Kadla union area within Kachua Police Station of Chandpur District and forwarding the same to the Ministry of Law, Justice and Parliamentary Affairs. (Annexes: K and K-1) 2. Facts leading to is..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......cause as to why the order Vide Memo No.38.210001.01.019. 2011/233, dated 3-7-2011 (Annexure-E) issued by the Director (Monitoring-2), Compulsory Primary Education Implementation Experiment Unit, Ministry of Primary and Mass Education suspending the government portion of the salaries of the peti..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......petitioner Nos.3, 4, 5, 6 and 10 of Writ Petition No.8556 of 2011 only, keeping in view of the exigencies of consequential relief.” 13. The High Court Division also directed the Secretary, Ministry of Cabinet Division to investigate into the matter by at least a 3 Member Commit..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
.........(89) Characteristics of section 34 of Penal Code The distinct feature of section 34 of the Penal Code is the element of participation in action; A common intention pre-supposes prior concert. Accordingly, there must have been a prior meeting of mind. For an inference of common......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ...... be readily drawn or pushed too far unless the same is deducible from the evidence and circumstances of the case." 90. In the decision in the case of the State represented by the Solicitor, Ministry of Law & Justice, Government of Bangladesh Vs. Montu alias Nazrul Haq reported in 44 DL..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
.... in negotiation of the letter of credit, which were accepted by the LC opening bank, i.e. Al-Arafah Bank Limited (Annexure-"E", "F", "G", and "H"). 7. The prior to the shipment of the goods in question, on 20-10-2011a Bangladesh government nominated pre-s......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....us, erred in law in dismissing the suit. 22. Mr. Rokanuddin Mahmud, appearing for MA Hashem in CP No.1672 of 2011, has submitted that Title Suit No.81 of 2006 was not maintainable in law as prior to the filing of that suit, the petitioner (defendant No.1 of Title Suit No.81 of 2006) had al......r all original documents to the plaintiff in presence of the witnesses. In the agreement, it was stipulated that defendant No.1 as the seller "shall apply for and obtain all necessary permission/clearance certificate" from RAJUK and to the other relevant authorities for sale of the suit pl......iffs had no cause of action to file the suit and the suit was not maintainable in its present form. The suit was also barred by limitation. Defendant No.3 joined the then C&B department under the Ministry of Communications in 1952 as an Assistant Engineer and in 1960 was appointed as Executive E..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....d served on 7-9-2009 and within next 30 days from the date of cause of action, the case was filed on 7-10-2009. The question of prematurity does not arise. Even if it is found that the case was filed prior to the expiry date of legal notice, then also the case has attained its maturity after expiry ......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ..Category: Others | Date: 11 Nov, 2012 | Hits: 8
....t the Civil Court has no jurisdiction to entertain the suit as the appropriate forum was the Labour Court and the fact remain that the letters of termination were issued to the plaintiffs rightly and prior to that they were warned and accordingly the Rule have got no merit to succeed.
11. Heard......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....under the provisions of the Penal Code. It transpires from Annexure-1 to the application filed today on behalf of respondent Nos. 5-8 that the F.I.R. was lodged on 21.10.2012, which is 10(ten) days prior to issuance of the instant Rule. It further appears that the offenders, i.e., respondent Nos.......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ......ion) Present: Naima Haider J Muhammad Khurshid Alam Sarkar J Advocate Asaduzzaman Siddiqui................ Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, P.S. Ramna, Dhaka and others.âĻâĻâĻ...... Res..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....1999, as such, the suit is premature and barred. 13. In such situation the court made an error of law by rejecting the application under Order VII, rule 11 of the Code of Civil Procedure because prior to the required 30 days notice no cause of action could arise as per the statutory provision o......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ......rity. (14) Imposing penalty/filed against of Rickshaw owner and Rickshaw Puller for violation of law. The office is directed to communicate the judgment and order to (1) The Secretary, Ministry of Local Government and Rural Development (2) The Secretary, Ministry of Home Affairs (3) T..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....d freight prepaid evidencing shipment made to the order of Bank Asia Ltd. Anderkilla Branch, Chittagong, Bangladesh". 47A: (1) Document with discrepancy must not be negotiated without "prior , approval or L/C opening bank. 47A: (6) "Stale, claused, through, short form B/L. B...... (b) of the Customs Act define Customs Inland Container Deport. Section 9 (b) stipulates; "The places which alone shall be land customs-stations [or customs-inland container deport] for the clearance of goods of any class of goods imported or to be exported by land or inland waterways.&rdq......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
....s a legal requirement and pre-condition to proceed against any person under section 26(2) of the Anti-Corruption Commission Act, 2004. But there is nothing in section 27 requiring service of any prior notice for initiation of a criminal proceeding under this section. So, the offence under secti...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ......alist Party (BNP) since 1994. He was elected Member of Parliament several times from Comilla-2 constituency in the National Parliament Elections since 1991. The petitioner was the Cabinet Minister of Ministry of Energy and Mineral Resources and Home Affairs during 1991-1996. He was also the Cabinet ..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
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