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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.
......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.
......erything. 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 18-4-2011 (Annexures-G andG-1.
18. This Rule ..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....n his motives become questionable. 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 woul......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. ......(2) (b) of the Constitution. 10. Submissions have been placed before us at length by reference to decisions of the Indian and Pakistan Supreme Courts as well as those of the English and American jurisdictions. 11. Dr. Kamal Hossain, learned Senior Advocate appearing on behalf of the appell..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
......;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
......;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
..
Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3
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 ...... 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)
....sfied that the materials have a causal connection with the kind of opinion that it is required to form. If there are no materials at all on which to form an opinion or if the materials that exist are totally unconnected with the kind of opinion that the Government is required to form then the order ......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. ......r aforesaid section only prescribes a disqualification of a Chairman for which he can be removed from his post; Consequently, suspending the petitioner under the said provision of law is without jurisdiction. 9. Further, it has been submitted that a Chairman of a union parishad can be susp..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....to allow the petitioner to contest for the post of the directors in the AGM to be held on the following day (i.e. on 21-8-2013). As such the present Board of the Bank is consisting of 13 directors in total, out of whom 5 directors are holding minimum 2% shares in the paid up capital and 8 directors ......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 ..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)
.... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ...... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ......ocedure has provided that the procedure provided in the Code of Civil Procedure in regard to suits shall be followed, as far as it can be made applicable in all proceedings in any Court of civil jurisdiction. A succession case, in all consideration, is a proceeding in a Court of civil jurisdict..Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
....de the auction sale of the mortgaged property held on 6-10-2009 and confirming the auction sale. In the writ petition, it was stated, inter alia, that respondent No.4, Janata Bank Limited, Armanitotalla Branch, Dhaka as the plaintiff (hereinafter referred to as the decree-holder-Bank) filed Art......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. ..Category: Others | Date: 24 Feb, 2014 | Hits: 15
....e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
......e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
......n 498
Anticipatory bail
Anticipatory bail is obviously an extraordinary measure in that ordinarily an accused is required to pray bail from the lowest ladder of the Criminal Court with jurisdiction. In fact that is what the relevant legal scheme contemplates. When an accused invokes s..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)
.... equipment and accessories for dealing with trading and manufacturing or applying the said gases and by products and engaged in the business for the last 27 years supplying at present 70% of the total demand of oxygen and by-products of oxygen including nitrogen with the introducing of Val......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 ......olding that the impugned Order No. CEVT/CASE (VAT) 5/98 dated 30-6-1998 passed by respondent No.2 and Demand Notice No. 11/Dabinama/Oxygen/98 dated 21-10-1998 were passed/issued illegally and without jurisdiction and, as such, of no legal effect. (II) The High Court Division was wrong in holding tha..Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5
কবির ষ্টীল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....ing such other evidence, if any, as he may require on specified points, by an order in writing assessee, within thirty days after the completion of the hearing or considering, as the case may be, the total income of the assessee and determine the sum payable by him on the basis of such assessment, a......ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in: ......ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 17 Feb, 2014 | Hits: 7
Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
....d thirteen witnesses in support of its case while defence examined none. 7. The defence case as could be gathered from the trend of cross-examination of the prosecution witnesses is of total denial contending, inter-alia, that the accused were falsely implicated in this case out ......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. ......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. ..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....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. ......5,000 per day from the date of termination of the tenancy by legal notice under section 106 of the Transfer of Property Act while passing a decree for ejectment and secondly, whether in the absence of sufficient pleadings, prayer, evidence and findings in support of compensation, the court......it deems a reasonable compensation to the defendant for the expense or injury caused to him; provided that a Court shall not award, under this section, an amount exceeding the limits of its pecuniary jurisdiction. (2) An order determining any such application shall bar any suit for compens..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
.... as registration fee, Taka 84,000 as advance income tax and Taka 56,000 as poundage Court fees, which Mr. Mahmudul Islam could not dispute. Mr Mahbubey Alam in a separate typed sheet has shown a total of Taka 2, 95,576 which included the cost on the above heads plus Taka 1,000, 2000, 13,517 and......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. ......ent February 3, 2014. Result: The Petition is disposed of. Mere failure to raise objection as to the jurisdiction of a Court to hear and try a suit or a case or in other words, mere surrendering to the..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. ......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 proceeding if it appears that further investigation is required for collection of further evidence the case can be sent for further investigation. So, the learned Magistrate acted within his jurisdiction and sent the same for further investigation. It is pertinent to point out that the accu..Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2
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. ...... 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. ...... 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. ..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
......y in the society may be bridged. This would necessitate legislation applicable to a group of citizens otherwise unequal and amelioration of whose lot is the object of State affirmative action. In the absence of doctrine of classification such legislation is likely to flounder on the bedrock of ......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
..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
....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.
......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.
......ion of the Commission, the notice issued by it upon the respondent under memo dated 18 February, 2007 under the signature of the secretary of the Commission to submit his wealth statement was without jurisdiction. In the judgment the High Court Division considered section 26 of the Ain and a de..
Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 9
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
.... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ......not surrendered to the process of the Court could not file any application or put his grievance before a Court of law far less before the Appellate Division of the Supreme Court of Bangladesh. In the absence of any surrender before the process of law, the Court of law is incompetent to issue an....... In the absence of any surrender before the process of law, the Court of law is incompetent to issue any order or stay any process at its behest and if done so that would be illegal and without jurisdiction." 9. In the facts of the instant case, it appears that the respondent was nei..Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1
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