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Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ......cadrement by promotion against the one third quota prescribed in BCS (Health and Family Planning; Family Planning) Recruitment Rules, 1986. Out of them 65 officers were encadred by promotion in cadre post in 1994, 14 officers in 1996, 9 officers in 1997, 55 officers in 1998, 3 officers in 1999, and ...... law in an appropriate forum, if so advised…….(54) Cases Referred to- Government of Bangladesh, represented by the Deputy Commissioner, Dhaka Vs. Mr. s Anwara Huq, 9 MLR (AD) 253 = 56 DLR (AD) 185; Moazzem Hossain Vs. State 35 DLR (AD) 290; Mahbubur Rahman Sikder Vs. Moj..Category: Constitutional Law, Contempt of Court Law | Date: 5 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. ...... the learned Judge, the order sheet annexed with the application and also considering the facts and circumstances of the case, prima facie, we are of the view that the person sitting in high judicial post who refrained himself from performing his judicial work under undue pressure is not at all fit ...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
.... Judgment December 2, 2012. Result: This civil petition for leave to appeal is dismissed. The SA and RS records are not an evidence of title and a registered document will prevail upon the records of rights and will remain in enforce unless the sa......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. ......tion of laws and 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)
....ĻāĻ˛āĻžāĻĻā§āĻļ āĻāĻžāĻ¤ā§ā§ āĻŦāĻ§āĻŋāĻ° āĻ¸āĻāĻ¸ā§āĻĨāĻžāĻ°” (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, vid......nnexure-D it appears that on 12-5-2012 final voter list had been duly published by the Election Commission. The petitioner submitted nomination paper on 15-5-2012 (Annexure-F) for contesting the post of President. It also appears from Annexure-G that respondent No. 3 vide notice dated 15-5-2012......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 ..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. ......ioners having obtained Bachelor of Homeopathic degree in Medicine and Surgery (BHMS) from Bangladesh Homeopathic Medical College and Hospital under the University of Dhaka, filed applications for the posts of Lecturer of Government Homeopathic Degree College and Hospital, Mirpur, Dhaka pursuant to t...... others...............Respondents Judgment November 28, 2012. Result: The appeal is 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; Secreta..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....e authority." 11. From the leave granting order, it appears that facts of Writ Petition No.1497 of 2005 have only been taken note of, however, two appeals being Nos.326 and 327 of 2007 were registered out of the leave granting order passed in the leave petitions. 12. Mr. Murad Reza, l......ting the same offence filed writ petitions and the Rules issued in those writ petitions were made absolute and pursuant to the directions given in those writ petitions, they were re-instated in their posts with back pay; some other terminated employees who were in the service of the Republic filed c......ors of the BPATC, 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. ..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....r section 26(2) and 27(1) of the Anti Corruption Commission Act, 2004 read with Rule 15 of the Emergency Power Rules 2007 is 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......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: ......oples Republic of Bangladesh, Bangladesh Secretariat, Ramna Dhaka and others, unreported, Writ Petition No.7245 of 2008; Khawja Nazir Ahmed Vs. Emperor 1945 DLR, PC 18, Abdul Quader Vs. State 28 DLR (AD) 39, Nasiruddin Vs. Mamtazuddin Ahmed, 36 DLR AD 14. Lawyers Involved: M. Amirul Islam,..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....y set out in the first information report (FIR) being Cantonment Police Station Case No. 8 dated 26-10-2009 under sections 2 and 4(2) of the Ain, 2009, which has been subsequently registered as Anti-Corruption Commission GR Case No. 83 of 2009 in the Court of learned Metropolitan......said case, he placed before us paragraph Nos. 44 and 45 as reproduced below:-- “44. From the facts and circumstances of the instant case we are of the opinion that the principle of 'ex post facto' laws as embodied in Article 35(1) of the Constitution is not applicable in..........................Opposite-parties Judgment November 27, 2012. Result: The application is summarily rejected. Cases Referred to- Tarique Rahman Vs. Bangladesh, 63 DLR (AD) 18; Pirjada Syed Shariatullah Vs.Bangladesh, 61 DLR 647; Sultana Jute Mills Ltd. Vs. Agrani Bank..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....¤ āĻāĻ°ā§ āĻŽāĻžāĻŽāĻ˛āĻžāĻ° āĻ āĻāĻŋāĻā§āĻ āĻĒāĻ¤ā§āĻ° āĻā§āĻšā§āĻ¤ āĻšāĻ˛ā§āĨ¤ Then, the record of the case was sent to the Court of Sessions Judge, Kushtia where the case was registered as Sessions Case No.276 of 2008. The learned Sessions Judge took cognizance in the case ...... against her upon a confessional statement of co-accused, Jony who implicated her in the case out of preÂvious enmity and that the allegation that has come up from the confessional statement is preposterous. The High Court Division summarily rejected the application simply saying that the prayer......y cross-examining them. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
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. ......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. ..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....test for the year 2011 out of which, only 3040 students qualified for admission to the 2011-2012 sessions on the basis of choice and merit. Out of the total number of the examinees, 485 students were registered for English version wherefrom 423 students appeared in the admission test and from them, ...... 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. ......p;………....Respondents Judgment November 22, 2012. Result: The petition is dismissed. Cases Referred to- Kazi Mokhlesur Rahman Vs. Bangladesh, 26 DLR (AD) 44; Dr. Mohiuddin Farque Vs. Bangladesh, 49 DLR (AD) 1; Ekushe Television Vs. Bangladesh, 54 DLR..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....ding and khatian. Abdun Nabi, grandson of Atarjan, inherited the entire share of Atarjan. Abdun Nabi obtained 1 ganda of land from R.S. Khatian No.3838 but wrongly stated R.S. Khatian No.3836 in the registered deed of sale dated 16.09.1991 showing an inflated amount of Tk.20,000/-. Pre-emptee Nos......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......ot not the holding as mentioned in section 96 of the State Acquisition and Tenancy Act.âĻâĻâĻâĻâĻâĻâĻâĻâĻâĻâĻâĻâĻ(12) Case Referred to- S.M Basiruddin Vs. Z. Islam, (1983) 35 DLR (AD) 230. Lawyers Involved: Omar Farook, Advocate, instructed by Md. Nawab Ali, Advocate-o..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....t Judge and Artha Rin Adalat, 1st Court, Jessore for recovery of loan money amounting to Taka 27, 64,841 by selling mortgage properties against the M/s Joint International and others and the same was registered as Artha Rin Suit No.8 of 2007. In the schedule of the plaint four schedule of immovable ......order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ......;…….. (6) Cases Referred to- Setara Begum Vs. Al-Arafah Islami Bank Ltd., 61 DLR 791=14 MLR 480; Mohiuddin (Sk) Vs. Joint District Judge, Artha Rin Adalat No.3, Dhaka, 13 MLR (AD) 356. Lawyers Involved: Md. Sohel Rana, Advocate—For the Petitioner. SM Moni..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....ged an ejahar (Exhibit- ‘4’) with Savar Police Station. 37. The P.W.3 Md. Mainul Islam also testifies that on receipt of the ejahar, the Officer-in-Charge of the Savar Police Station registered the case and endorsed it to him for investigation and having taken up investigation ......gality in awarding capital punishment to the appellant because of the brutality and coldbloodedness of the criminal act pursuant to a pre-concerted plan as they rightly deserved so and in such a posture of things, there is no scope for commutation of the death sentence to life-term imprisonment......e spur of the moment............ (92) Cases Referred to- Madam Gopal Kakkad Vs. Naval Dubey, 3 SCC 204; State Vs. Rokeya Begum, 13 BLT 377= 10 BLC 687; Bangladesh Vs. Ashraf Ali, 46 DLR (AD) 241; Bandez Ali Vs. State, 40 DLR (AD) 200; Mohanlal Vs. State, AIR 1961 Rajasthan 24; Oswal Dan..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....When a suit is pending between the parties, wherein an order of temporary injunction restraining the Government and its allottee is still in force and the petitionerâs claim of title is backed by a registered deed of conveyance, her possession cannot be termed unauthorized within the scope of Ordi......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....es resisted the pre-emption application by filing written statement denying most of the allegations of the pre-emption application contending, inter-alia, that they acquired the case land by way of a registered exchange deed and, as such, the pre-emption case is not maintainable. 4. At the tria...... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ......ed by any sufficient cause from appearing before the Court when that appeal was called on for hearing…..........(25) Cases Referred to- Belayet Hossain Vs. Md Abu Taher 32 DLR (AD) 231; 21 DLR 353 and 7 DLR 173. Lawyers Involved: Golam Arshed, Advocate—For the ..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......pose of detecting the real assailant normally a prudent man does, as soon as he had learnt that his wife was assassinated, that is to say, he intimated the police, arranged for holding inquest and postÂmortem report examination and then brought the dead body at his residence and then buried the......d. We find no illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135.......pose of detecting the real assailant normally a prudent man does, as soon as he had learnt that his wife was assassinated, that is to say, he intimated the police, arranged for holding inquest and post-mortem report examination and then brought the dead body at his residence and then buried the ......rd. We find no illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
.... Engineer under the then Government of Pakistan. While serving in C&B department, Engineer Shamsul Kabir Humayun Reza of 157, Bara Mogbazar purchased 10 (ten) kathas of land at Bara Mogbazar by a registered deed dated 28-9-1957 being deed No.9847. Subsequently, he by a registered hebanama dated ......05 from where it appeared that defendant No.3, Shamsul Kabir Humayun Reza joined the Design Department-1 of C & B in project circle No.2 as Assistant Engineer on 19-8-1952 and was promoted to the post of Executive Engineer (Design Department) and Building project circle on 19-7-1960. From t......e with law will better for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....t case was filed within statutory period on 7-10-2009 under section 138 of the Negotiable Instruments Act, 1881. After transfer of the case to the Joint Sessions Judge, Second Court, Jamalpur, it was registered as Sessions Case No.118 of 2010 and the learned Judge took cognizance against the accused......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
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