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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.
......s right from asking the petitioner to submit testimonial before paying increment down to the 28 day of February, 2010 i.e. nine months from passing the impugned order suggests to our mind a number of landmarks in this case, namely, asking for filing "VHI-Pass Certificate" after five years ......pt of this judgment.
Communicate copies of the judgment at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 46.
......gone through the affidavit-in-opposition submitted on behalf of respondent No.4, where it has been asserted, inter alia, that the writ petition is not maintainable as the allegations involve disputed question of fact regarding the genuineness of the academic certificate of the petitioner. His p..
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. ......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. ......ssain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......ant, case there was no intention to undermine the dignity of the Court. Moreover, the report was not designed to interfere with the due administration of Justice. He submitted that the news report in question simply narrated the fact that Justice Faizee was one among 111 candidates who appeared..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. ......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. ......eenul 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. ......e grounds for believing as visualized in prohibitory part of section 497(1) of the Code. Grant or refusal of bail in respect of an offence punishable, with imprisonment for life is essentially a question of fact in each particular case and there cannot be any fixed formula for the exercise of 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)
.... 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 ...... 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 ...... of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ......her than the actual price. 4. In the above circumstances, the petitioner filed Writ Petition No.59 of 2012 impugning the failure on the part of the respondents to assess and release the goods in question of the petitioner in which Rule was issued and Respondent No. 1 was directed to release the..Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8
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. ......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. ......res. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ......ioner (In Writ Petition No.3705 of 2013) Nusrat Jahan, AAG—For the Respondent-Government Writ Petition Nos. 10166 & 3705 of 2013. Judgment Farah Mahbub J. - Since common question of law and facts are involved in both the Rules Nisi and, as such, those have been heard to..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
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 ......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 ......tes—For the Petitioners. Aktar Imam, Senior Advocate with Rashna Imam, and Reshad Imam, Advocates—For the Respondent No.1. Probir Neogi with Shuvra Chakravorty and Manzur-al-Matin, Advocates—For the Respondent No.4. AM Mahbubuddin with Saqeb Mahbub, Advocates—......ital of the company, pursuant to these two notifications, as on the record date, the scrutiny committee the election commission has rightly declared their nomination invalid. He also submits that the question as to whether 2% shares are required to be hold by the directors of a company listed with t..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. ......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. ......satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ......or-Rashid, learned Advocate, entering caveat on behalf of the auction-purchaser-respondents, on the other hand, has submitted that the auction purchasers purchased the mortgaged property in question bonafide as the highest bidder at Taka 45,10,000 and they have already paid the entire bid ..Category: Others | Date: 24 Feb, 2014 | Hits: 15
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....as made. 3. The appellant's case is that lessee Kulsum Bibi died on 27-3-1971 leaving her husband Abdur Rahman as the sole heir. Abdur Rahman on payment of the dues to the government, was in possession of the property. Thereafter, Abdur Rahman transferred the property to the appellant on 22......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. ...... as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ......o force. The appellant's contention of death of the lessee on 27-3-1971 leaving only her husband Abdur Rahman as the sole heir, was a story concocted by the appellant to grab the property in question. The property which the appellant was claiming became abandoned property from 28-2-1972 and..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.
...... 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.
......."
The petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 213.
...... Division Bench of the High Court Division in Writ Petition No.2488 of 2010 discharging the Rule.
2. The petitioners herein filed the writ petition before the High Court Division calling in question order No.14 dated 16-2-2010 passed by Artha Rin Adalat No.1, Chittagong in Artha Rin Execut..
Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
.... at all permissible........................(23) Benami Transaction Because of benami transactions, multifarious litigations crop up across the country. Moreover, the persons having the possession of black money take advantage of benami transactions by purchasing property in the n......endant's application for rejection of the plaint. His case is that 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 product......are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......of 2002 rejecting the, plaints of both the suits. 2. Both the civil petitions for leave to appeal arising out of the common judgment and order between the same parties and involving common question of law and fact having been heard together are disposed of by this single judgment. 3...Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....tiffs, being in need of money gave the suit land in mortgage to Zamindar Sachindra Mohan Roy and others of Royal. Money borrowed was repaid. Yet Zamindar Sachindra Mohan Roy and other did not release possession of the suit land. The matter was complained to the Debts Settlement Board. The Board dire......: The appellants herein as the plaintiffs instituted Title Suit No.65 of 1989 in the Court of Assistant Judge, Dhamrai, Dhaka for declaration of title in respect of "Kha" schedule land of the plaint. The case of the plaintiffs, in short, is that Sheikh Jaku, the predecessor of th......is Case is also Reported in: 65 DLR (AD) (2013) 176. ......s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176. ..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)
....patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ......patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ......his petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ...... Rokeya Sharani, West Kafrul, Taltola, Sher-e-Bangla Nagar, Dhaka enlarging her on anticipatory bail for a period of 1 (one) month from the date of order dated 19th January, 2014. 2. The case in question was instituted with the Ramna Police Station under section 26(2) of the Durnity Daman Commi..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)
....used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ......used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ......d judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ...... Rokeya Sharani, West Kafrul, Taltola, Sher-e-Bangla Nagar, Dhaka enlarging her on anticipatory bail for a period of 1 (one) month from the date of order dated 19th January, 2014. 2. The case in question was instituted with the Ramna Police Station under section 26(2) of the Durnity Daman Commi..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
.... respondents' claim, if not paid in the meantime. The trial Court did not make any finding on the point of sustaining any loss or damage by the respondents due to the appellant's remaining in possession as tenant in the premises. In the operating part of the judgment, it was directed th......he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......rder dated 3-4-2004 passed by the Appellate Division in Civil Petition for Leave Appeal No. 1075 of 2003.) Judgment Surendra Kumar Sinha J.- In this appeal leave was granted to consider the questions as to whether this Division has committed any error apparent on the face of the judgment i..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....o. 59 of 1994 of the Artha Rin Adalat, Narayangonj and the auction sale of the mortgage property in question held in the execution case illegal. The High Court Division further directed that the possession of the mortgage property in question be restored to the writ petitioner. The High Co......-respondent No. 2, Bangladesh House Building Finance Corporation, respondent No. 3 herein (hereinafter referred to as the Corporation), in 1979 for construction of a multistoried building on his land measuring 18 decimals situated within Narayangonj town and with that loan money, the writ-......l pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ......ty and such nullity, in no way, is curable or immune from being challenged. The orders of the High Court Division declaring the proceedings and the auction sale of the mortgaged property in question held in the execution as illegal, the observation that "The auction purchaser responde..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
......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
...... No. 47 of 2012 is dismissed
Civil Appeal No. 48 of 2012 is allowed
Constitution of Bangladesh, 1972; Article 102(2)
Whether employees who opted for voluntary retirement pursuant to or in response of a special scheme floated by the Bangladesh Agricultural Development Corporation (BADC......ez Siddique J. - Civil Appeal Nos. 45 to 48 of 2012 have been heard together. Since all the appeals raised common points of law, they are being disposed of by this single judgment.
2. The common question in these appeals is as to whether employees who opted for voluntary retirement pursuant to ..
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
....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
......ought not to be under any man but under God and the law.)."
16. In the case of Prohibitions, King James I, placed himself in the position of judge for a dispute, a "controversy of land between parties was heard by the King, and sentence given...."
17. When the case went......irected to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
......harging the Rule.
10. On perusal of submission of the learned Advocates of both the sides, the petition and the challenged amending Act alongwith the whole legislation, it appears to us that the question raised relates to the constitutional validity of section 32Ka of the Amendment Act, 2013. I..
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)
....ut and out sale has to be determined on seven tests - (i) the existence of debt, (ii) the period of payment-a short period being indicative of a sale and a long period of a mortgage; (iii) possession of the property, the continuance of the grantor in possession indicating a mortgage;......ng to this appeal, are precised below: Respondent No.1 as the plaintiff instituted Mortgage Suit No.68 of 1978 in the Third Court of Subordinate Judge, Chittagong for redemption of 1.25 acres of lands described in schedules 1 and 2 to the plaint. His case, in short, is that the disputed propert......y;out any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ...................Respondents Judgment January 30, 2014. Result: The appeal is dismissed. When a property sold with a condition of repurchase in the same deed in that event a question may arise as to whether the transaction is a mortgage or an out and out sale has to be dete..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 ......97, which was instituted by Jobeda @ Kalu Bibi and others in the Court of Senior Assistant Judge, Naleiti, Jhalakati for declaration of title and partition in respect of 1.28 1/2 acres of land. The appellant belatedly filed written statement, which was allowed. He also filed an applicati......onths of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ......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 ..Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1
....e evidence on record. The learned Special Judge on a thorough assessment of the evidence on record found the accused guilty under section 27(1) of the Ain read with section 5(2) of Act 11 of 1947 for possession of wealth which were said to have been beyond his known source of income. In view of the ......anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
......e appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
......anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
..
Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 9
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