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Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)
....site parties has better title. Profullah Chandra was the owner of the suit land and by amalnama dated 10th Aswin, 1348 BS gave pattan of the suit land to Gahar Ali Pramanik and SA khatian No. 320 was published correctly in the name of Gahar Ali. Gahar Ali died leaving two sons, Hebaj Uddin and Afaj ...... within 3 (three) months from the date of receipt of the judgment without giving unnecessary adjournment to any party. 11. With these observations the rule is made absolute without any order as to costs. 12. The parties are directed to maintain status-quo in respect of posit......his judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ...... Present: Sharif Uddin Chaklader J Md. Saifur Rahman Abu Taher J Borun Khatun and others………………Defendant-Respondent-Petitioners Vs. Md. Hebaj Uddin Pramanik and another..........Plaintiff-Appellant-Opposite Parti..Category: Property Law | Date: 6 Apr, 2014 | Hits: 9
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....e 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 ......1 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 passed by learned Additional Sessions Judge, Fifth Court, and Special Judge, D......x months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ......) 140 ..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. ......awful authority and is of no legal effect, and why they shall not be directed to promote the petitioner to the post of Chief Engineer (PWD) on the basis of seniority and/or pass such other or further order or orders as to this Court may seem fit and proper. And pending hearing of the Rule, there was...... days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ...... High Court Division (Special Original Jurisdiction) Present: Quazi Reza-ul-Hoque J ABM Altaff Hussain J AZM Tajul Islam...........................................Petitioner Vs. Government of Bangladesh and others.............Respondents Judgment Ap..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)
....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. ......y Giasuddin Ahmed, Advocate-on-Record—For Respondent Nos.1-7. None represented—Respondent Nos.8-9. Civil Petition for Leave to Appeal No.521 of 2010. (From the judgment and order dated 16-11-2009 passed by the High Court Division in Civil Revision No.3514 of 1998). Ju...... This Case is also Reported in: 66 DLR (AD) (2014) 190. ......resent: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Bibi Joynab Begum Chowdhury and others………..................Petitioners Vs. Osi Mia alias Osi Mia Sawdagar....................Respondents Judgment ..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
....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.
.................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 off the indicted employee from duty is unheard of and ......pt of this judgment.
Communicate copies of the judgment at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 46.
......ivision
(Special Original Jurisdiction)
Present:
M Moazzam Hussain J
Md. Badruzzaman J
Rahima Begum...............................Petitioner
Vs.
Government of Banglades Represented by the Secretary, Ministry of Local Governmen..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....elevant for disposal of the instant appeals are as follows:— The Daily 'Prothom Alo' and the Daily 'Bhorer Kagoj', both being Bangla national dailies with wide circulation, published a report respectively captioned in bold red letters “হাইকোর্টের ...... No.2 (In Criminal Appeal No.11 of 2005). None Represented—Respondent No.1. (In Criminal Appeal No.11 of 2005). Criminal Appeal Nos. 9, 11 and 12 of 2005. (From the judgment and order dated 21st of March, 2005 passed by the High Court Division in Contempt Petition No.118 of2004......ssain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ...... Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-record—For the Respondents, (In Criminal Appeal Nos.9 and 12 of 2005) and-For respondent No.2 (In Criminal Appeal No.11 of 2005). None Represented—Respondent No.1. (In Criminal Appeal No.11 of 2005). Criminal Appeal Nos..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
......xperience in both the feeder posts of the Assistant Headmaster/Headmistress and Assistant District Education Officer for one time within 2 (two) months from the date of the receipt of the copy of the order of this Hon'ble Court and /or such other or further order or orders passed as to this Cour......sp;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
......
..
Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3
State Vs. Arman, 2014, 43 CLC (AD)
....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. ......e-on-Record—For the Petitioner. None Represented—For the Respondent. Criminal Petition for Leave to Appeal No. 243 of 2012. (At this instance of state is against an interim order of the High Court Division) Order Md. Muzammel Hossain CJ.- This petition at the ins......eenul 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. ...... Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J AHM Shamsuddin Choudhury J State……..............................Petitioner Vs. Arman………….......................Respondents Orde..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 ......ntry No.C-138590 dated 10-11-2011 and to duty in accordance with the relevant provision of Customs Duty Assessment (Determination of Value of Import Goods) Rules, 2000 following the judgment and order, dated 19-11-2012 passed by the High Court Division in writ petition No. 59 of 2012 shall not ...... of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ......Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Amirul Islam (Md.)……………………….Petitioner Vs. Commissioner of Customs Chittagong and others.......Respondents Judgment ..Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
..... In writ Petition No.3 705 of 2013 facts, in brief, are that the petitioner was elected as Chairman of No. 5 Borodal Union Parishad, Ashashuni, Satkhira; however, the result of the election was duly published in gazette on 17-4-2011. On taking oath on 6-5-2011 he entered into the office of the said......Advocate for the petitioner in Writ Petition No. 10166 of 2013 and Mr. M Ashraf Ali the learned Advocate for the petitioner in Writ Petition No. 3705 of 3013 co-jointly submits that from the impugned order (Annexure-F) it appears that the respondent Np.3 has suspended the petitioner exercising ......res. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ......l Original Jurisdiction) Present: Farah Mahbub J Kazi Md. Ejarul Haque Akondo J SM Deen Islam…………………….................Petitioner (In Writ Petition No.10166 of 2013) Vs. &nbs..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....2011 was not given or issued in exercise of the authority vested in BSEC under section 2CC of the Securities and Exchange Ordinance, 1969. Besides, the clarification dated 12-2-2012 was not published in the official gazette, unlike two other notifications, and it can not override the force......90 of 2013, impugning, inter alia, the non inclusion of an agenda for election of directors in the 30 AGM of the respondent No. 1 bank, the Company Bench of the High Court Division, by a judgment and order dated 6-5-2013 the application with, inter alia, the following directions: i. The Bank sh......tes—For the Petitioners. Aktar Imam, Senior Advocate with Rashna Imam, and Reshad Imam, Advocates—For the Respondent No.1. Probir Neogi with Shuvra Chakravorty and Manzur-al-Matin, Advocates—For the Respondent No.4. AM Mahbubuddin with Saqeb Mahbub, Advocates—......) (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. ......l Islam Bhuiyan, Advocate-on-Record—For Respondent No.3. Not represented—Respondent Nos. 1 and 2. Civil Petition for Leave to Appeal No.1827 of 2009. (From the judgment and order dated 24-5-2009 passed by the High Court Division in Civil Revision No.3987 of 2008). Jud......smissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ......sion (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Ruksana Huq and others.............................Petitioners Vs. AK Faizul Huq (Raju) and others………………&..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. ......wdhury Md. Zahangir, Advocate-on-Record—For Respondent No.4. None represented—For Respondent Nos.1-3 & 5. Civil Petition for Leave to Appeal No. 2125 of 2010. (From the order dated the 18th day of July, 2010 and the 18th day of August, 2010 passed by the High Court Div......satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ......vil) Present: Md. Muzammel 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 Judgmen..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 of the application instantaneously by enlarging the accused on a limited bail, not normally exceeding four weeks, without issuing any Rule. It must be conspicuously stated in the bail granting order that in the event of any filance of bail application, the Court below will consider the same u......e to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
......a Kumar Sinha J
Md. Abdul Wahhab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Choudhury J
Durnity Daman Commission and another………………Petitioner
Vs.
Dr. Khandaker Mosharraf Hossain and another.........Respondents
Judgment
..
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 ......lant. SM Moniruzzaman, Deputy Attorney-General, Instructed by Madhumaloti Chowdhury Barua, Advocate-on Record—For Respondents. Civil Appeal No.177 of 2002. (From the judgment and order dated 5-2-2001 passed by the High Court Division in Writ Petition No. 3525 of 1998). Judg...... This Case is also Reported in: 67 DLR (AD) (2015) 372 ......3(3) & Rule 3(7) Fixing Price, VAT in Special cases by Gazette Notification— Section 5(7) of the Ain allows the Board to fixing price, VAT in special cases only and that must be done through gazette notification……........(16) Manufacturer can fix the Actual Pr..Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....n 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' list of the abandoned buildings published in the Bangladesh Gazette (Extraordinary) dated 23 September, 1986 as per provision of sec......dash;For the Appellant. Murad Reza Additional Attorney-General instructed by B Hossain, Advocate-on-Record—For the Respondents. Civil Appeal No.40 of 2002. (From the judgment and order dated 19th of March, 1998 passed by the High Court Division in Writ Petition No.561 of 1989) ...... as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ......ourt 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' list of the abandoned buildings published in the Bangladesh Gazette (Extraordinary) dated 23 September, 1986 as per p..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
কবির ষ্টীল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in: ......য়াছে যাহা নিম্নরূপ; (I) whether the Taxes Appellate Tribunal, Chittagong Bench, chittagong is legally justified for whimsically partly confirming the first appeal order passed by the Appellate Additional Commissioner of Taxes of the Appellate Range-2, Chittagong ......ন করা হইয়াছে যাহা নিম্নরূপ; (I) whether the Taxes Appellate Tribunal, Chittagong Bench, chittagong is legally justified for whimsically partly confirming the first appeal order passed by the Appellate Additional Commissioner of Taxes of the Appellate......; (I) whether the Taxes Appellate Tribunal, Chittagong Bench, chittagong is legally justified for whimsically partly confirming the first appeal order passed by the Appellate Additional Commissioner of Taxes of the Appellate Range-2, Chittagong framed u/s 82(C) instead of the section 83(2) of ..Category: Fiscal/Taxation Law | Date: 17 Feb, 2014 | Hits: 7
.... 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.
......n-Record—For Respondent No.5 (as added respondent)
None represented—For Respondent Nos.1-2 & 4.
Civil Petition for Leave to Appeal No.385 of 2011
(From the judgment and order dated the 2 day of December, 2010 passed by the High Court Division in Writ Petition No.2488 o......."
The petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 213.
....... Abdul Wahhab Miah 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.........
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. ......t No.1. (In Civil Petition No.2081 of 10). None represented—Respondent No.2. (In both the cases) Civil Petition for Leave to Appeal Nos. 2080-2081 of 2010. (From the judgment and order dated 26-4-2010 passed by the High Court Division in First Appeal No.322 of 2003 and First App......are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ...... Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J S.N. Kabir...........................................Petitioner Vs. Fatema Begum and others...……………Respondents ..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. ...... Md. Abu Siddique, Advocate-on-Record—For the Petitioners. None represented—For the Respondent. Criminal Petition for Leave to Appeal No.389 of 2010. (From the judgment and order dated 14-2-2010 passed by the High Court Division in Criminal Appeal No.1691 of 2001) Jud......rference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......J Md. Anwarul Haque J Sukur Mahmood and others.......................Petitioners Vs. State................................................Respondent Judgment&nb..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
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