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Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....ation Report and police report no offence has been disclosed within the mischief of section 8/9/13 of the Santrash Birodhi Ain, 2009 against the present accused-petitioner. 10. On the other hand Mr. Md. Morataz Uddin Fakir, the learned Additional Attorney-General appeared with Mr. MH Sarde......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....te, 61 DLR 1; Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir 62 DLR (AD) 290; 15 BLC 464. Lawyers Involved: Sheikh Fazle Noor Taposh with Imranul Kabir with Mejbahur Rahman with Khandaker Reza-e-Razib with Samia Afroz Khan, Advocates—For the Petitioners. Khurshid Alam......e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....ss abuse of power or in violation of the principles of natural justice and not taken in public interest. (vi) The statement or practice must be shown to be applicable and relevant to the case in hand. Thus where an offer of an interview had been made in 1986, but action was taken in 1988 withou......s said that a recommendation from X was 'almost invariably' accepted there was no legitimate expectation that it would be accepted. Legitimate expectation cannot be based on departmental note to which concurrence of the relevant authority has not been obtained. (ii) Legitimate..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....therefore, accepted that the prosecution was able to prove the commission of murder by the condemned-prisoner and upheld the conviction under section 302 of the Penal Code. 15. On the other hand, the High Court Division noted that there was on record an application dated 21-5-1995 filed be...... considered the submissions of the learned Additional Attorney-General for the appellant and perused the impugned judgment of the High Court Division and other connected papers on record. 14. We note from the judgment of the High Court Division that the confessional statement (Exhibit-6) was fo..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
.... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ed the submissions of the learned Advocate-on-Record for the parties concerned and perused the impugned judgment of the High Court Division and other connected papers on record. 8. We note from the impugned judgment and order of the High Court Division that observation was made to th..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....mid Vs. Abbas Bhai A Hossain, 14 DLR (SC) 24; Gomathinayagam Pillai Vs. Palaniswami Nadar, AIR 1967 SC 868; Gobind Prasad Vs. Hari Dutt, AIR 1977 SC 1005; Paul Couvreur VMG Shapiro, AIR 1948 PC 192; Chand Rani Vs. Kamal Rani, AIR 1993 SC 1942; Green Vs. Sevin (1879) 13 Ch. D 589. Lawyers Involv......ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....y came to a finding that the writ-petitioner did not have any reasonable expectation to get the tender. 8. MA Samad, learned Senior Advocate, appearing on behalf of the respondents, on the other hand, supports the impugned judgment and order. 9. We have considered the submissions of the le......er. But no decision was communicated to the writ-petitioner within the stipulated period according to the terms and conditions of the tender schedule, which expired on 15-4-2004. What is important to note here is that the authority was under obligation to refund the earnest money of all the bidders ..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....This Case is also Reported in: 18 BLC (HCD) (2013) 386. ......it property went under water of the river Arial Kha in the year 1939 BS and it remained under water for a period of 70/75 years. As such due to the sikasti (diluvion) character of the property a note in the remark column of the corresponding and RS and SA Khatian was given showing the suit prop..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... of Bangladesh Vs. Shahadat Hossain reported in 16 BIT (AD) 183, Mustafizur Rahman Vs. DG Anti-Corruption reported in 49 DLR 599, Saidur Rahman Vs. State reported in 54 DLR 489. 11. On the other hand, Mr. Md. Khurshid Alam Khan, learned Advocate appearing on behalf of opposite-party No. 2, the ......for disposal of the case. T he accused-petitioner, thereafter, voluntarily surrendered before the Divisional Special Judge on 4-9-2008 and obtained regular bail therefrom. 7. It may be noted here that on the commencement of the Anti-Corruption Commission Act, 2004, the Anti-Corru..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
....pellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Paresh Chandra Biswas……………………..Petitioner Vs. Shree Shree Shashan Kalimata Idol a......moved the Mondir and the image of the idol and that these facts manifestly proved that the defendant mismanaged and misappropriated the property of the Deity. 10. The High Court Division took note of the contention of defendant No.1 that P.W.1 admitted that he was a believer of 'Vishno' and..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....ereby the company may be able comply with the statutory duties, he has prayed. 4. The learned Advocates Mr. A.M. Aminuddin with Mr. Yousuf Khan Rajib, appearing for the respondents, on the other hand submits that since Title Suit No.166 of 2011 is still pending, so the adjourned AGM may not be ......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
....ng them. The examination of an accused under this provision is not intended to be an idle formality; it has to be carried out in the interest of justice and fair play to the accused. In the case in hand the trial court treated the examination as one of mere routine work. This examination in a sl...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....he impugned order calls for interference by this Division and leave be granted. 5. Mr. Aktar Imam, learned Counsel, entering caveat, on behalf of the plaintiff-respondent, on the other hand, has tried to support the impugned order by submitting that since the District Judge stayed op......09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....e said amount among three share holders despite the fact that the petitioner is the sole beneficiary of the FDR account. Ms. Tania Amir, learned counsel appearing for the respondents, on the other hand, supports the direction of the High Court Division and contends that in view of the admission ......shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
....irness this Rule should be made absolute. 7. Mr. Pratikar Chakfna the learned Assistant Attorney-General by filing affidavit-in-opposition and Supplementary-Affidavit-in-opposition, on the other hand, opposes the Rule and submits that in absolute compliance of section 26 of VAT Act (the provisi......Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....in different groups in a different way i.e. the family planning officers appointed before 1985 in another group and the family planning officers appointed after 1985 in another group and on the other hand, encadred 230 family planning officers in one group and left out 234 family planning officers, ...... 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. ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
.... Case Referred to- Sultanuddin Chowdhury Vs. Government of the People's Republic of Bangladesh, 32 DLR 252. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Bimsh Chandra Biswas, Advocate-on-Record—For the Petitioners. Khan Saiful Huq, Advocate, instr......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
Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)
.... suits upon bill of exchange and promissory notes etc. These are specific suits and specific provisions have been made under Order XXXVII for hearing and disposal of this class of suits. On the other hand Section 15 of the Code of Civil Procedure contains general provision about filing suit, other t......t category of suits under the scheme of the Code of Civil Procedure and summary procedure has been laid down in Order XXXVII for expeditious disposal of the suits upon bill of exchange and promissory notes etc. These are specific suits and specific provisions have been made under Order XXXVII for he..Category: Administrative Law | Date: 28 Nov, 2012 | Hits: 5
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....283; Amrit Banaspati Co. Ltd. Vs. State of Punjab, AIR 1992 SC 1075; Rajdhani Unnayan Kartripakkha Vs. A. Rouf Chowdhury, 61 DLR (AD) 28; Dr. Ashok Kumar Maheshwari Vs. State of UP, AIR 1998 SC 966; Chandigarh Admn Vs. Managing Society Goswami, DGSCE, AIR 1996 SC 1759; M/S. Motilal Padampat Sugar Mi......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. ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....rovisions of Ordinance No. XXVI of 1994. Although the appointment letters were issued by the Rector, de jure, appointing authority was the Board of Governors of BPATC. Due to persistent highhanded mismanagement by the then Rector, Dr. Ikram Hossain, there was a general resentment and prote......e legal formalities provided in law have been followed by the 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 grantin..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12