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Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)

....ult: The rule is made absolute. Presumptive value of 30 years old documents It is true but contents of the exhibits 3 and 2 series being 30 years old are required to be proved. Learned Judge being final Court of fact has jurisdiction under section 107 of the Code of Civil Procedure to......n of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ...... suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ......on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ..

Category: Property Law | Date: 6 Apr, 2014 | Hits: 9

State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)

.... Rule, the State, represented by the Solicitor, Government of the Bangladesh as petitioner has challenged the legality and propriety of the order dated 20-8-1991 passed by learned Additional Sessions Judge, Fifth Court, and Special Judge, Dhaka (briefly as Judge) stopping the proceedings of the case...... is directed to dis­pose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ......cted to dis­pose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ......ars—For the Opposite Parties. Criminal Revision No. 3544 of 1991 Judgment Syed Md. Ziaul Karim J. — By this Rule, the State, represented by the Solicitor, Government of the Bangladesh as petitioner has challenged the legality and propriety of the order dated 20-8-1991 pass..

Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3

AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266.     ......eniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266.     ...... and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266.     ......pecial Original Jurisdiction) Present: Quazi Reza-ul-Hoque J ABM Altaff Hussain J AZM Tajul Islam...........................................Petitioner Vs. Government of Bangladesh and others.............Respondents Judgment April 3, 2014 Result: The..

Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6

Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)

....dated 16-11-2009 passed by the High Court Division in Civil Revision No.3514 of 1998 disposing of the Rule and modifying the judgment and decree dated 30-6-1998 passed by the then learned Subordinate Judge, Third Court, Chittagong and discharging the Rule issued in Civil Revision No.1789 of 1999 fil......d fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190.     ......o not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190.     ......nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190.     ..

Category: Property Law | Date: 19 Mar, 2014 | Hits: 15

Rahima Begum Vs. Government of Banglades Represented by the Secretary, Ministry of Local Government and others, 2014, 43 CLC(HCD)

....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. ......rom 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. ......l 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. ......etary, Ministry of Local Government and others.................Respondents Judgment    March 13, 2014.   Result: The Rule is made absolute Constitution of Bangladesh, 1972; Article 102(2) The nature of order stopping salary, allowances and keeping of..

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6

Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)

....s (In all cases) Judgment March 11, 2014 Result: The Appeal is allowed. Case Referred to- Md. Riaz Uddin Khan Vs. Mahmudur Rahman, 63 DLR (AD) 29, Sir Edward Snelson Vs. Judges, High Court of West Pakistan, Lahore 16 DLR (AD) 535; Shri Baradakanta Mishra Vs. Registrar o......pugned 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.   ......udgement 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.   ......ϜāĻžāϞ” [Annexure A and B to the contempt petition]. The judge concerned, Justice Faisal Mahmud Faizee, was appointed as an Additional Judge of the High Court Division of the Supreme Court of Bangladesh on 23-8-2004. His father, Muhammad Faiz, an Advocate of the Appellate Division of the Sup..

Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16

Hossain Ali (Md.) and 22 others Vs. Bangladesh, represented the Secretary Ministry Education and others, 2014, 43 CLC (HCD)

....;                    Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 204 ......                    Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 204 ......bsp;                  Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 204 ...... High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Md. Ejarul Haque Akondo J Hossain Ali (Md.) and 22 others............Petitioners Vs. Bangladesh, represented the Secretary Ministry Education and others........Respondents Judgment..

Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3

State Vs. Arman, 2014, 43 CLC (AD)

....iscretion with some restraint. 6. In the case in hand, the High Court Division enlarged the accused-respondent on ad-interim bail for a period of 6(six) months on 31st January, 2012. The learned Judge-in-Chamber without making any interim order of stay directed the office to place the matter in......servations. 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. ......ns. 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. ..

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 ......sitively. 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)

....In the said case the Appellate Division accordingly found "we have decided not to interfere with the judgment and order of the High Court Division not because the reasonings given by the learned Judges were cor­rect but because the basis on which the govern­ment based its action no long......ssue 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.     ......resh 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.     ......                               Government of Bangladesh and others..........Respondents Judgment March, 2014. Result: Both th..

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       ......e 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       ......ission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234       .............................Respondents Judgment February 25, 2014 Result: The petition is dismissed. Case Referred To- Md. Mazakat Harun & Ors. Vs. Export Import Bank of Bangladesh Ltd. 32 BLD (AD) (2012) 115. Lawyers Involved: Sheikh Fazle Noor Taposh with Md..

Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9

Ruksana Huq and othÂŦers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)

....r Leave to Appeal, in short, are as follows:- The present petitioners, as heirs and successors of late Mr. AK Faizul Huq filed Succession Case being No.888 of 2007 in the Court of Joint District Judge, 3rd Court, Dhaka for a certificate of succes­sion under the Succession Act, 1925. During ......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. ......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. ..

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)

.... judg­ment and order dated 19-8-2010 passed by the High Court Division in Writ Petition No.878 of 2010 (though no order was passed in the writ peti­tion on that date) and the learned vacation Judge on 30-8-2010 passed the following order: "Heard the learned Counsel and perused the ......ereinbe­fore. 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.   ......shy;fore. 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.   ......el Hossain CJ Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Moklesur Rahman (Md.) and another....................Petitioners Vs. Government of Bangladesh and oth­ers................Respondents Judgment     &nb..

Category: Others | Date: 24 Feb, 2014 | Hits: 15

Durnity Daman Commission and another Vs. Dr. Khandaker Mosharraf Hossain and another, 2014, 43 CLC (AD)

....­ligible exercise of discretion. The allegations that the case is false or that the same has been initiated out of political rivalry or the omnibus allegation that the Magistrates and lower court Judges are controlled by the govern­ment, cannot, by themselves ground for anticipa­tory bai...... 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. ......urt 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. ......dmitted that he does indeed have the FIR stated Pound Sterling in a Guernsey bank. 9. It has also been stated in the bail peti­tion that he disclosed this fact to the tax authori­ties in Bangladesh and paid tax on it. 10. His explanation, however, is that after completing his docto..

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)

....n Writ Petition No. 3525 of 1998. 5. The writ-respondents contested the Rule by filing affidavit-in-opposition controverting the material statement made in the writ-petition. 6. The learned Judges of the High Court Division, upon hearing the parities, by its judg­ment and order dated 5...... 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     ......h 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     ......(AD) (2015) 372     ..

Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5

Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)

....and Abdur Rahman, and the possession of the original documents of title by the appel­lant and, as such, the impugned judgment and order is liable to be set-aside; and II. Whether the learned Judge of the High Court Division while upholding the judg­ment and order of the Court of Settlem......anded 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. ...... 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. 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' list of the abandoned buildings published in the Bangladesh Gazette (Extraordinary) dated 23 September, 1986 as per provision of section 5(1) (b) of ..

Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21

āĻ•āĻŦāĻŋāϰ āĻˇā§āĻŸā§€āϞ āϞāĻŋāĻŽāĻŋāĻŸā§‡āĻĄ āĻŦāύāĻžāĻŽ āĻ•āĻŽāĻŋāĻļāύāĻžāϰ āĻ…āĻŦ āĻŸā§āϝāĻžāĻ•ā§āϏ⧇āϏ, 2014, 43 CLC (HCD)

....ϚāĻžāϰāĻĒāϤāĻŋ āĻŽā§‹āσ āχāĻŽāĻĻāĻžāĻĻ⧁āϞ āĻšāĻ• āφāϜāĻžāĻĻ.- āφāĻŽāĻŋ āĻāĻ•āĻŽāϤ āĻšāχāϞāĻžāĻŽāĨ¤ This Case is also Reported in:         ......ϚāĻžāϰāĻĒāϤāĻŋ āĻŽā§‹āσ āχāĻŽāĻĻāĻžāĻĻ⧁āϞ āĻšāĻ• āφāϜāĻžāĻĻ.- āφāĻŽāĻŋ āĻāĻ•āĻŽāϤ āĻšāχāϞāĻžāĻŽāĨ¤ This Case is also Reported in:         ......ϚāĻžāϰāĻĒāϤāĻŋ āĻŽā§‹āσ āχāĻŽāĻĻāĻžāĻĻ⧁āϞ āĻšāĻ• āφāϜāĻžāĻĻ.- āφāĻŽāĻŋ āĻāĻ•āĻŽāϤ āĻšāχāϞāĻžāĻŽāĨ¤ This Case is also Reported in:         ......p;……. 4) Notwithstanding anything contained in this section, no allowance shall be made on account of- a) any interest chargeable under this Oridnance which is payable outside Bangladesh on which tax has not been paid and from which tax has not been deducted at source under s..

Category: Fiscal/Taxation Law | Date: 17 Feb, 2014 | Hits: 7

Gias Uddin Chowdhury (Md.) and othÂŦers Vs. Bangladesh, repreÂŦsented by the Secretary, Ministry of Law and others, 2014, 43 CLC (AD)

....amim Khaled Ahmed, learned Advocate, for the respondent-Bank and Mr. Habibul Islam Bhuiyan, learned Advocate, for the added respondent. 7. From the impugned judgment, it appears that the learned Judges discharged the Rule on the findings, inter alia, that as the mortgaged proper­ty was sold......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. ......ect 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. ......J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J       Gias Uddin Chow­dhury (Md.) and oth­ers........................Petitioners Vs. Bangladesh, repre­sented by the Secretary, Ministry of Law and others..................Responden..

Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9

S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)

....Court Division in First Appeal No.322 of 2003 heard analogously with FA No.343 of 2003 dismissing the appeals and affirming the judgment and decree dated 5-8-2003 passed by the learned Joint District Judge, Second Court, Dhaka In Title Suit No.270 of 2002 and judgment and decree dated 17-9-2003 pass...... 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. ......ot 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. ......ions once and for all…………….... (28) Cases Referred to- Attorney-General Vs. HR H. Prince Earnest Gugustus of Hanover (1957) All ER 49; Amin Jute Mills Vs. Bangladesh 29 DLR (SC) 85; Anwar Hossain Chowdhury Vs. Government of Bangladesh, 41 DLR (AD) 165; Sr..

Category: Property Law | Date: 16 Feb, 2014 | Hits: 19

Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)

....of, submitted charge-sheet against accused petitioners under section 8(1) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995. 5. The case record was transmitted to the Court of the learned Judge, Nari-o-Shishu Nirja­tan Daman Bishesh Adalat No.3, Tangail for trial where it was registe...... 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. ......ocumentary 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. ......as about 13 or 14 years old. 16. The finding of the doctor as to age is belied by the fact that his report shows the taking place of menarche one year back. In context of development of girls in Bangladesh the age stated by the victim would be more commensurate with menarche having started one ..

Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21