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....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.
......suspension. Here the poor lady was deprived of everything. No norm of disciplinary action in passing the order has been followed.
17. Given the facts and circumstances of the case, we are of the view that respondents travelled far beyond their jurisdiction in issuing the impugned orders dated 1..
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. ......¾ à¦à§‡à¦™à§à¦—ে পড়েছে...।” The High Court Division observed that the report therefore, is assuming that "Justice Faizee is a corrupt man and the reporter is giving his own views and opinion that if such a man is appointed in the High Court Division there is no future of t..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
....;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
......hy;ers' posts of Assistant District Education Officers is absolutely discriminatory and violative to the fundamental rights as guaranteed under Articles 27 and 29 of the Constitution.
15. In view of the forgoing discussions and findings, we are inclined to hold that justice will better be s..
Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3
State Vs. Arman, 2014, 43 CLC (AD)
....e 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 due care and caution because every erroneous decision is a miscarriage of justice and every miscarriage is derogatory to the commo......contended that if an accused person is allowed to remain on bail after committing such heinous crime which shocks ones conscience, he will be emboldened to recur similar type of offence. In view of the above, he argued that it is a fit case in which this Division should interfere with the ..Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....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. ......d Chairman has to be started. In the instant case, it is evident from record that the respondents have suspended the respective petitioners without initiating any proceeding for removal. In such view of the matter, it has been contended that the impugned order is illegal. Again, it is submitted..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....L) has filed an affidavit-in-opposition mainly denying the allegations made in the petition and asserting that the statements made in several paragraphs of the petition are in substance misconceived, erroneous and/or false. It has further been submitted in the affidavit-in-opposition that the notifi......inimum share requirement is not applicable in case of Pubali Bank Directors since none of them are sponsor directors. All the present Directors of the Board are general shareholders” 7. In view of the same, I respectfully request you to reconfirm the same that minimum 2 percent shares are..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
....hereinbefore. The Artha Rin execution case in question (No.560 of 2004) shall stand satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ...... of the decree. In the context, we do not consider it proper to send the matter back on remand to the High Court Division for hearing the Rule on merit setting-aside the order of default. 18. In view of the circumstances stated here-in above, we consider it a fit case to invoke the power confer..Category: Others | Date: 24 Feb, 2014 | Hits: 15
BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)
....y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372 ...... must be done through gazette notification……........(16) Manufacturer can fix the Actual Price— The Commissioner may fix the price as per recommendation of base value Review Committee constituted by the Board. The VAT authority cannot fix the base value according to it..Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....manded to the Court of Settlement to deal with it in the light of our discussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ......s granted. In addition he submitted that the appellant filed all the original papers relating to the property, which were not discussed, nor properly assessed by the Court of Settlement. Even while reviewing the case, the Court of Settlement simply mentioned that documents were produced and consider..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
.... can protect his right and title in that property by filing proper suit in a proper forum."
The petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 213.
......tances, there was no scope of giving any opportunity to the petitioners to raise any claim in respect of the mortgaged property in the execution case in question. The learned Judges also endorsed the view of the Artha Rin Adalat that the application under section 32 of the Ain, 2003 was not maintain..
Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
...., we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......t the suit property is urban property and that the Land Reforms Ordinance, 1984 has been promulgated with the object to reform the land relating to land tenures, land holding and transfer with a view to maximizing production and ensuring a better relationship between land owners and bargad..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
....d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......ring the inherent defect of the prosecution case in that there was a GD Entry being No.1347 dated 29-11-1998 which did not tally with the facts set forth in the FIR filed by the informant and in that view of the matter, the petitioners should have been acquitted by giving benefit of doubt ..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....e of SA operation, in collusion with surveyors got 'Ka' scheduled land recorded along with other lands in his name though he had no right, title or possession over the suit land and such erroneous record created clouds over the title of the plaintiffs. The plaintiffs are still in posses...... of possession and the suit for declaration of title without prayer for recovery of possession is hit by the proviso to section 42 of the Specific Relief Act. 19. We notice with approval similar view taken in the cases of Abdul Hamid Mollah Vs. Abdul Eye 49 DLR 428, Abdur Rahman Mia Vs. M Saber..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
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. ...... before the 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 Corporat..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Pannu @ Md. Pannu Mia & others Vs. State, 2014, 43 CLC (HCD)
....ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ......the impugned order. 6. Feeling aggrieved the accused preferred the instant Revision and obtained the present Rule. 7. No one appears on behalf of the petitioner to support the Rule. In view of the facts this is an old Revision of 2000, we are inclined to take it up for disposal on mer..Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2
....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
...... Appeal No. 46 of 2012)
Civil Appeal Nos. 45-48 of 2012
(From the judgment and order dated 6th July, 2010, 27th September, 2010 and 8th October, 2009 passed by the High Court Division in Review Petition Nos.49 of 2010, 48 of 2010, 52 of 2010 and Writ Petition No. 2331 of 2009.)
Judgm..
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. ......s Taka 48,000 which exceeds the normal valuation of a Small Cause Court suit of Taka 25,000 as is apparent from sub-section (2) of section 15 of the Small Cause Courts Act, 1887 and in such view of the matter, the learned Trial Judge rightly tried and disposed of the suit as a Title Suit a..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
....ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
......s, created by law, in different as per Article 26 that would be void to the extent of such contravention. Therefore, no law repugnant to Article 27 of the Constitution could be made by legislature in view of the Article 26(1) of the Constitution.
14. Rule of law implies that every citizen is su..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ......and father of defendant Nos.4-6 for Tk.6000 (six thousand) by a mortgage deed dated 25-11-1962 registered on 13-12-1962 and delivered the possession of the mortgaged land to the mortgagee that with a view to avoiding legal complications. The deed was executed as a deed of sale but from the long peri..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
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 ......y to the suit may be given the opportunity to call witnesses and produce any evidence at any time during the trial. The trial does not finish until pronouncement of judgment. Therefore, we are of the view that both the trial Court and the High Court Division seriously erred in not allowing the defen..Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1
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