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Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)

....nce the complainant refused to comply with his demand, the accused appellant forcefully sold out her gold made ornaments and also threat­ened to divorce her and get married again. On the date and time of occurrence the accused appellant in association with the other accused persons demanded dowe...... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the con­cerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ..

Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5

State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)

....hin 7 (seven) days of the receipt of the said order. The said order dated 20-6-2007 contained legal action includ­ing confiscation of his assets in default of submitting the statements within the time stipulated therein and the order was communicated to the respondent on 21-6-2007. The responden......ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ..

Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8

Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)

.... no doubt that Respondent No 7, a person who unsuccessfully fought against this petitioner for the post up to the apex court of the country, did not leave the battleground merely changed course. This time he chose to open a front at the top of the administration i.e., the Ministry and kept haunting ......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: ..

Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5

Director General, Bangladesh Standards and Testing Institution Vs. Matiur Rahman and others, 2014, 43 CLC (AD)

....ransfer­ring any service from development budget to revenue budget, but in the instant case, no such procedure was followed and the service of the writ-petitioner had not been regularized. At the time of promotion of the writ-petitioner to the post of senior examiner and Assistant Director, the ......ion in that respect. In view of the above, we find no merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 138. ..

Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7

Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)

.... petitioner that as there existed no provision for permanent settle­ment of vested properties, the leasehold tenure on the schedule land, a vested property, would be renewed every year until such time the government takes a final decision on the settlement of vested properties. 8. Since no ......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.   ..

Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20

Sharif Miah Vs. Rina and anothers, 2014, 43 CLC (HCD)

....and the alleged father Sharif and (2) the responsibility of Sharif as the alleged father to provide mainte­nance to the minor girl. The DNA test can be con­ducted within the shortest possible time at Dhaka Medical College Hospital. 9. I further hold that, in the above excep­tional s......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   ..

Category: Civil Law, Women and Children | Date: 3 May, 2014 | Hits: 5

Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)

.... of action was actually present, whether it was sufficient to file the suit etc., being question of fact cannot be decided at the initial stage and can be decided only on the basis of evidence at the time of trial.......(41) The continuation of the suit is found to be an abuse of the process of......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 ..

Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6

Parul Nath and others Vs. State, 2014, 43 CLC (AD)

....Code as a Court of Sessions exercising original juris­diction. The Act, 1974 has provided the Tribu­nals with the power to pass necessary orders in case of confiscation of the property at the time of disposal of the case either in the form of acquittal or conviction, but it has not pro­v......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. ..

Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8

Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....l debt and interest thereon in the books of the assessee, whichever is less: Provided that the provisions of this clause shall apply only in respect of such Loan as the Bangladesh Bank may, from time to time, classify as bad or doubtful debt: Provided further that the deductions hall be al......ngladesh, is directed to take necessary steps under Section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J: I agree. This Case is also Reported in:   ..

Category: Fiscal/Taxation Law | Date: 27 Apr, 2014 | Hits: 6

Ibrahim Vs. State, 2014, 43 CLC (HCD)

....ng their wedlock three children born and she used were reside in her conjugal home. During sub­sistence of their marriage her husband married one Fatema, sister of accused Ibrahim, for the second time who failed to stay at her conjugal home as she (victim) did not allow her to stay at her conjug......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   ..

Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17

Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)

....07 of the Code of Civil Procedure to decide this law point by refer­ence to the exhibits. Although documents produced by the plaintiffs are written by pen or ball point which at the relevant time were not used in writing goes on to show some sort of forgery has been committed. The land ough......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

State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)

....ons 339D (1)(b) of the Code. 6. The learned Deputy Attorney-General appearing for the State-petitioner seeks to impeach the impugned order on three fold argu­ments: Firstly: Most of the time were allowed on the prayer of the accused-opposite parties on all false pleas to intentionally ......e is directed to dis­pose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ..

Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3

AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

.... as an Assistant Engineer of Public Works Department (PWD) and, accordingly, the petitioner joined the said post on 9-3-1979, and in course of his service he has been promoted to different posts from time to time (Annexure-A).The respondent No.1 by the Notification being No. GriGoMo/Sha-1/5A-2/2009/......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.     ..

Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6

Rahima Begum Vs. Government of Banglades Represented by the Secretary, Ministry of Local Government and others, 2014, 43 CLC(HCD)

....Taka 100. Upon such application the Upazila Palli Unnayan Officer issued a letter on 16-8-2010 ask­ing the petitioner to submit her eight pass testi­monial before the authority, though at the time of joining in the post the petitioner submitted eight pass testimonial issued on 12-3-2005 by A......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. ..

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6

Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)

.... 28. We have noted already that the High Court Division observed that the headlines and headings are not substantiated by materials within the report. We are in total agreement with that. At the same time, we feel that it would be unfortunate if the public would be unduly impressed by simply reading......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.   ..

Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16

Hossain Ali (Md.) and 22 others Vs. Bangladesh, represented the Secretary Ministry Education and others, 2014, 43 CLC (HCD)

....ned should not be directed to issue a notification relaxing the period of experience in both the feeder posts of the Assistant Headmaster/Headmistress and Assistant District Education Officer for one time within 2 (two) months from the date of the receipt of the copy of the order of this Hon'ble......;                    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)

....ail for a period of 6(six) months on 31st January, 2012. The learned Judge-in-Chamber without making any interim order of stay directed the office to place the matter in court for hearing. In the meantime the period of interim bail expired by efflux of time. In view of the above, this peti­tion ......rmant. 5. In granting bail the court should not be oblivious of the trend of rising similar nature of offences in the country. The exercise 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 d..

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)

....012 passed by the High Court Division in Writ Petition No.59 of 2012 and to return the bank Guarantee submitted by the peti­tioner in connection with releasing the goods forthwith. 2. At the time issuing Rule this Division directed the respondents to assess and release the imported goods, p...... 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

SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

.... so have been received from the respec­tive quarters both the contending parties i.e., the petitioners and the complainant, were duly noti­fied to attend the hearing. However, on the date and time so fixed for hearing of the parties, both of them were present with their respective wit­ne......issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34.     ..

Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5

Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)

.... AGM. iii. All directors including chairman of the Bank was directed to submit resignation letters within 15 day to Mr. Fida M. Kamal. The resignation letters would take effect from the date and time the new board of directors, elected in the 30 AGM, would call their first meeting immediately a......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       ..

Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9