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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. ......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......ion 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 together and are being..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 ......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......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. ......ion for Leave to Appeal is directed against the judgment and order dated 24-5-2009 passed by the High Court Division in Civil Revision No.3987 of 2008 discharging the Rule. 2. The necessary facts for disposal of this Civil Petition for Leave to Appeal, in short, are as follows:- The p..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)
....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. ......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 ...... on 18-8-2010, the writ petition appeared in the list, but the same was made out of list. In the leave petition, both these orders have been impugned as stated at the beginning. 6. Similar facts as stated in the writ petition have been stated in the leave petition. 7. From the facts ..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.
......ench of the High Court Division passed on 10th February 2014 in Criminal Miscellaneous Case No. 4161 of 2014, granting anticipatory bail to one Dr. Khandaker Mosharaf Hossain.
3. Non contentious facts as are pertinent in disposing of this petition, run as below;
4. A Director of the Commis..
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)
....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 ......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 ......dated 21-10-1998 issued by writ-respondent No.5 requesting writ-petitioner to pay VAT on the basis of the impugned order dated 30-6-1998 for an amount of Taka 2,58,627.61 as on 30-9-1998. 3. The facts involved in this appeal, in brief, are: The writ-petitioner-appellant is a public limit&s..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. ......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......vil appeal by leave is directed against the judgment and order dated 19-3-1998 passed by a Division Bench of the High Court Division in Writ Petition No. 561 of 1989 discharging the Rule. 2. The facts of the case, in brief, are that the property, release whereof was sought from the 'Kha'..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.
...... 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...... 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.
..
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. ......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.......eal 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. The facts leading to the filing of both the civil petitions for leave to appeal, in brief, are: The..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. ......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. ......(Bishesh Bidhan) Ain, 1995 and sentencing each of them to suffer imprisonment for life and also to pay a fine of Taka.5,000 each, in default, to suffer imprisonment for 1 (one) year more. 2. The facts, leading to the filing of this criminal petition for leave to appeal, in a nutshell, are: ..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)
....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. ......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. ......haka in Title Appeal No.120 of 1991 receiving the judgment and decree dated 31-1-1991 passed by the learned Assistant Judge, Dhamrai, Dhaka in Title Suit No.65 of 1989 decreeing the suit. 2. The facts, leading to this appeal, in brief, are as follows: The appellants herein as the plaintiff..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. ...... 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......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. ..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 ...... 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......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 ..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
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. ......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......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. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
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. ......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......ticle 104 of the Constitution in order to do complete justice and in support of his submission, he has referred to the case of M/s Gannysons Limited Vs. Sonali Bank, 37 DLR (AD) 43. 12. From the facts of the case and also the finding of the High Court Division, one thing is very clear that Mort..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. ...... 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 merit consideri..Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2
..../১ক-১/২০০২/২০০৩/৩৬১ dated 20-10-2002 purportedly terminating 135 employee including writ petitioners. The High Court Division made the said rule absolute holding that identical matter had been disposed of by a judgment and order dated 27-5-2008 by this Division in Ci......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 ......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
..
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. ...... 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. ...... doubt, an error of law resulting in an error in the decision occasioning a failure of justice warranting interference from this Court. 14. From the foregoing discussions and in view of the facts and circumstances of the case, I find merit in the Rule. The Rule, therefore, succeeds. ..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
......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......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
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. ...................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......se dated 31-7-1986 passed by the learned Subordinate Judge (now Joint District Judge), First Commercial Court, Chittagong in Mortgage Suit No.46 of 1985 decreeing the suit for redemption. 2. The facts, leading to this appeal, are precised below: Respondent No.1 as the plaintiff instituted ..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
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