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State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......f the prosecution for the purpose of disposal of the appeal is as follows: Victim Shefali was appointed as domestic worker in a house, situated at Mirpur, Dhaka. While she was rendering her service there; her step sister accused Aleya, serving at Rajbari as maid servant in the house of acc..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....urt Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Government of Bangladesh...... Appellant (In all the appeals) Vs. Md. Abdul Maleque Miah a......bined merit list and was appointed in the IMS Cadre where he joined on 31-7-1973. He was trained at home and abroad and passed the prescribed examination after which he was confirmed in the service on 31-7-1975 through notification published in the Official Gazette dated 28-4-1977. He..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
.... books. In all, the accused-appellant misappropriated a sum of Taka 20,02,299 in Bangladesh currency from the public exchequer thus causing wrongful gain to himself and wrongful loss to the Government. After completion of the inquiry, the P.W.1 Abdullah-al-Zahid lodged a formal ejahar with...... DLR (AD) 222. 15. Mr. Abdur Rezzaque Khan further submits that the provisions of Rule 19Jha of the Emergency Power Rules of 2007 were not followed in letter and sprit in the matter of service of notice upon the appellant and by that reason, it cannot be said that he was aware of the ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....just war and genocide upon the unarmed civilian people of Bangladesh, simply because the people successfully exercised their adult franchise and gave mandate to their elected representation to form a Government; thereby exercised their right of self determination. Members belonging to BJI actually s......hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
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Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....as "the Commission"), in order to hold a free, fair and credible general election exchanged views with the political parties and stakeholders and recommended to the then Non-Party Caretaker Government a set of reforms and amendments in the electoral laws, i.e., the Representation of the Pe......bsp; 60 DLR 273 and the case of Kunda S. Kadam Vs. K.K. Soman, reported in AIR 1980 (SC) 881.
59. None of the cases is found to be exactly on point except Kunda S. Kadam. In Kunda S. Kadam an in-service employee of Bombay Municipal Corporation applied for the post of Deputy Municipal Commission..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....ing the plaint case and making out a case of real or actual fact. Early means, at or near the beginning of a period……… (17) Cases Referred to- Khandkar Abul Hussain Vs. Government of the People's Republic of Bangladesh, 54 DLR 467; Fuidlay & Sons Ltd., Vs. Nurs......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ...... of the Petitioner company. Each such application in the nature of a plaint spelt out the initial engagement of each applicant on a temporary basis on various occasions evidenced in various service contracts stipulating the terms and termination dates of the period of employment. ..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
.... which is a registered society of genuine fishermen and that if it is found that any society consists of any member who is not a real fisherman then the society will not be eligible to get lease of a Government Jalmohal. A real fisherman has been defined as one who catches and sells fish from a natu......d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
......01 1 under section 19(4) of Ain restoring the suit in its original file and number after setting aside the ex parte decree passed in the year 2004.
10. To appreciate the submissions pressed into service by both sides it would be profitable to quote section 19(1) to (4) of Ain which are as fol&s..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
....ssued at the instance of as many as 61 petitioners who are serving in a development project relating to Tuberculosis and Leprosy Control, Micro Bacterial Diseases Control, Department of Health of the Government of Bangladesh. Their posts were subsequently transferred to the revenue budget by order o......n of Posts from Development Project to Revenue Budget, 2005 Rules clearly entitled an employee transferred from the development project to the revenue set up to enjoy salary, leave, pension and other service benefits from the date of his entry/joining the development project…..(20)
Lawye..
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
.... ......granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476. ..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....d the materials on record. 6. It has been further asserted that the petitioner being liable to deduct the Advance Income Tax from the supplier’s bill and to deposit the same to the credit of the Government, the same is required to be examined pursuant to the provision of section 117A of the Inc......sment year up back up to 2008. 3. Challenging the legality of the said impugned letter the assessee-writ-petitioner preferred the instant writ petition and obtained the rule. 4. Pursuant to the service of notice, the learned Deputy Attorney General Mr. S. Rashed Jahangir along with the learned..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......d reasons. when the complainant stated that he had served a legal notice within 15 days from the date of the receipt of information of the return of the cheque, non-discloser of the date of service of notice in the complaint petition cannot be a ground for quashing the proceeding…&h..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......nal as the highest facts finding body to unnecessarily trace out some Mr. Nazmul Islam as a clue for dismissal of the case without investigating and identifying the real facts of the case. 5. Upon service of the notice of both the Income Tax Reference Application, the learned Deputy Attorney Gene..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......s entered appearance, the suit was decreed ex-parte by the judgment and decree dated 5-11-2012. Respondent No. 3 Bank then filed Artha Jari Case No. 86 of 2012 for execution of the said decree. After service of notice of execution case through newspapers, the decree holder-Bank filed an application ..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....ft No.2453 dated 30-6-2004 AD and on the same day delivered possession of the suit land to them and since then the defendants have been residing thereon by mutating their name and paying rents to the Government. The plaintiff has no right, title and interest in the suit land and, as such, the suit i......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....urt Division (Civil) Present: Reza-ul-Hoque J A.B.M. Altaf Hossain J Moon Construction Company Limited……………….Petitioner Vs. Government of Bangladesh & others……………….Respondents ......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ......f outstanding dues and filed the suits for recovery of money against the petitioners on 30-7-2010. The Court issued usual summons to be served upon the petitioners-defendants and fixed 14-11-2010 for service return. On the date fixed, the summons with A/D being not returned, the court passed an orde..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
....
Surendra Kumar Sinha J
MA Wahhab Miah J
Syed Mahmud Hossain J
Siddiqur Rahman Miah J
AHM Shamsuddin Choudhury J
Taposh Malaker..............Petitioner
Vs.
Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others……......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
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