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Ibrahim Vs. State, 2014, 43 CLC (HCD)

....m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289   ...... for Corroboration as s Rule of Prudence. It is absolutely nec­essary for the interest of justice that at least the victim's statement must be in conformity with the probability and in a case like this the evi­dence of solitary witness calls for corroboration as a Rule of Prudence. ..

Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17

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

....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. ...... record primarily recorded the name of plaintiffs but while RS record was published finally it is seen that RS record was wrongly published in the name of the predecessor of defendants. It is further case of the plaintiffs that 14 decimals of land of RS plot Nos. 1157 has been included with 33 decim..

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 ......; Speedy Trial Court— The whole purpose of un-amended section 339C of the Code was to whip up the prosecu­tion and to make the trial Court more active so as not to delay the trial of a case unnecessarily. The stopping of a case and the release of an accused would rouse the prosecution..

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.     ......013.12.003.09-533 dated 13-8-2013 made an enquiry before the Anti-Corruption Commission, Head Office, Dhaka to provide information as to whether there were any corruption-related  allegations or cases against the top 7(seven) officials of PWD which included the petitioner and the said cur­r..

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.     ......adar, Chittagong against the defendant-respondent and others for declaration of title and recovery of possession. On transfer, the suit was renumbered as Other Suit No.85 of 1999. The plaintiff's case, in short, is that the suit land described in schedule-1 to the plaint originally belonged to t..

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. ......has been deprived of the subsistence allowance which she would have been entitled had she been formally suspended. Learned Advocate finally submits that considering the facts and circumstances of the case this Rule should be made absolute with a consequential relief directing the authority to rein&s..

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

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

....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.   ......[In Criminal Appeal No.11/05] Saber Hossain Chowdhury.................Appellant [In Criminal Appeal No.12/05] VS. Md. Faiz and others ….......................Respondents (In all cases) Judgment March 11, 2014 Result: The Appeal is allowed. Case Referred..

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 ......f the BCS Recruitment Rules, 1981 con­tends that the President of the Republic may, on the recommendation of the Council Committee on Promotion constituted by the Government, relax in exceptional cases the condition of length of experience for promotion specified in Schedule-II and, as such, the..

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. ...... petition at the instance of the state is against an interim order of the High Court Division enlarging the accused-respondent Arman on ad-interim bail for a period of 6 (six) months in Nari-o-Shishu case No.148 of 2011 pending before the Nari-o-Shishu Nirjatan Daman Tribunal, Narsingdi for trial. W..

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 ..

Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8

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.     ......nder the said provision of law is without jurisdiction. 9. Further, it has been submitted that a Chairman of a union parishad can be suspended under section 34(1) of the Ain, 2009, but in such a case a proceeding for removal of the said Chairman has to be started. In the instant case, it is evi..

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       ......ction, on condition that they are not otherwise disqualified as per provisions of the Articles of Association or any statute or any directive or circular of the regulatory authorities, if any, as the case may be it is further stated that as contained in directive 8 of the operative portion of the ju..

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. ...... present respondent Nos.1 to 3, claiming themselves as the second wife, son and daughter of late AK Faizul Huq, filed an application on 26-8-2007 praying for being added as parties in that succession case. The Court allowed that application vide order dated 12-11-2007 and fixed 2-3-2008 for recordin..

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.   ......d by it, but writ-respondent No.3 (Janata Bank, represented by its Managing Director) did not respond to the same till the filing of the instant writ petition. Thereafter, on 14-1-2010, the execution case was fixed for hearing. In the meantime, the writ-peti­tioners filed an application under se..

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

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

....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. ......vision from enlarging an accused on anticipato­ry bail, the proposition that discretion to enlarge accused persons on anticipatory bail must be exer­cised sparingly in exceptionally deserving cases, is supported by unbroken chain of authorities of high preponderance, not only because by assu..

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     ................Respondents Judgment February 19, 2014 Result: The appeal is allowed. Value Added Tax Rules, 1991; Rule Rule 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, ..

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. ...... 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' list of the..

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:         ......and also considering 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 s..

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

Gias Uddin Chowdhury (Md.) and oth¬ers Vs. Bangladesh, repre¬sented by the Secretary, Ministry of Law and others, 2014, 43 CLC (AD)

.... 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. ......les 90 and 91 of the Code of Civil Procedure (the Code) read with section 32 of the Artha Rin Adalat Ain, 2003 (the Ain, 2003) for cancelling the auction sale held on 19-1-2010. 3. The execution case in which the said application was filed, was levied for execution of the decree passed by the A..

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. ......ara Agencies 2007) 6 Supreme Court Cases 429. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Petitioner (In both the cases).               &nb..

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