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Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)

....te in the Court below did not mention the schedule of the case land in the original petition of Miscellaneous case for pre-emption. The pre­emption case under section 4 of the Partition Act is an independent proceeding in which schedule of case land and particulars of the disputed deeds are very......sed without any order as to cost. Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ..

Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36

Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)

....has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ......y inferred even from circumstances and relevant facts depicted from evidence presented. In Prosecutor Vs. Blagojevic and Jokic (ICTY) it was held that a de facto commander who lacks formal letters of appointment, superior rank or commission but does, in reality, have effective control over the perpe..

Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111

Nurun Nabir Sarker Vs. Secretary, Ministry of Education and Others, 2015, 44 CLC (HCD)

....gh Court Division, within 30 (thirty) working days of receiving copies of this judgment and order. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 125     ......ity and that a duly constituted selection committee selected the petitioner to be appointed for the said post and consequently the petitioner has joined the said School, on 11-4-1999, pursuant to the appointment letter dated 7-4-1999 issued by the Chairman of the Managing Committee Uzan Teura TUM Hi..

Category: Administrative Law, Employment/Service Law | Date: 10 Nov, 2015 | Hits: 0

Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)

....lies with regard to the liability of the payment because of the death of the maker of the said Promissory Notes. 34. In our view, Promissory Note creates a legal relationship between the parties independent of other dealings. Prima facie the purpose of using a promissory note is to illustrate t....... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81   ..

Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4

Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)

.... the prospective buyer on his behalf. Thereafter when the developer company receives money from the prospective purchaser, that money is being received on behalf of the land owner and not on any independent right of the developer. Any money paid to the land owner by the developer agency, either......sed without lawful authority and are of no legal effect. Accordingly, and the same are struck down. Communicate this. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 105 ..

Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2

Salauddin Qader Chowdhury Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh, 2015, 44 CLC (AD)

....ational poli­tics since his birth in 1949. His father Fazlul Qader Chowdhury was expelled from Muslim League in 1954 for contesting in the election in the East Pakistan Legislative Assembly as an independent candidate and in the said election, he defeated both Jukta Front and Muslim League candi......onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby main­tained. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 295     ..

Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38

Anwarul Islam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Education and Others. 2015, 44 CLC (HCD)

....cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine. Ed.   This Case is also Reported in: 15 BLC (HCD) (2010) 349   ......id nomination is liable to be declared to have been made without lawful authority and in an unlawful manner. 3. The respondent No.1 has filed an affi-davit-in-opposition, supporting the impugned appointment as well as he has filed a supplemen­tary affidavit. 4. Similarly respondent No...

Category: Administrative Law | Date: 26 May, 2015 | Hits: 1

Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)

....nces of the case. So, we leave it on the government to form any kind of inquiry com­mittee/inquiry commission to find out the truth of missing of Salauddin Ahmed. Government is at liberty to take independent decision about forma­tion of any kind of inquiry committee/inquiry commission. ......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbe­fore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ..

Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2

Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)

....entical matter has already been disposed of by the Appellate Division, the High Court Division should not endeavour to write an exhaustive judgment nor can the High Court Division Venture to give any independent finding on the same point of law or fact." Accordingly, they made the respec­ti......in the light of the observations, the findings and the decisions given in the civil appeals. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 177.       ..

Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20

A.K.M. Fazlul Haque and Others Vs. Privatization Commission and Others, 2014, 43 CLC (HCD)

...., the Rule is disposed of with the above observations made in the body of the judgment without any order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 17   ......r referred to as the Service Regulations of 2002) specifying the terms and conditions of service for its officers and employees. However, Regulation 3 of the Service Regulations of 2002 provides that appointments in the vacant posts of the Commission will be made by direct recruitment, promotion and..

Category: Employment/Service Law | Date: 20 Nov, 2014 | Hits: 0

T.K. Gas & Gas Cylinder Limited, 83, Khatunganj, Chittagong Vs. The Commissioner of Taxes, Taxes Zone-1, Chittagong, 2014, 43 CLC (HCD)

....le reliance upon those case will be sufficient. 8. On the other hand the learned Advocate Mr. Saikat Basu argued in contrary and stated that the issue is not alike the refund cases and therefore independent deliberation by this court is required. Deliberation of the court: The Assesse......le No. 162(ref:)/2012 are disposed off accordingly. However, there shall be no order as to cost. Md. Emdadul Haque Azad J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 29 Oct, 2014 | Hits: 1

Abul Bashar Chowkidar Vs. Abdul Mannan @ Khademul Islam and others, 2014, 43 CLC (AD)

....ection 173(3B) of the Code………… (13) The subsequent charge-sheet- when the result of re-investiga­tion, especially when the subsequent charge-sheet bears a new and independent number In the instant case, the initial charge-sheet was submitted naming six accu......ence is found against him/her/them. With the above observations, this criminal petition for leave to appeal is disposed of. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 286. ..

Category: Criminal Law, Procedural Law | Date: 11 Sep, 2014 | Hits: 34

Government of Bangladesh, represented by the Secretary, Ministry of Education and others Vs. SM Humayun Kabir and another, 2014, 43 CLC (AD)

....Division, we do not find any substance in this civil petition for leave to appeal. Accordingly, this petition is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 279. ......dent's case, in short, is that he was appointed in the BCS (General Education) Cadre as Lecturer. Accordingly, he joined Netrokona Government College as Lecturer in Philosophy on 20-10-1996, vide appointment letter dated 16-10-1996 issued by the Ministry of Education. The post of respondent No.1..

Category: Administrative Law | Date: 7 Sep, 2014 | Hits: 20

Subarna Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....answered in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......ry. 15. This argument sounds merit. The L/C opened in favour of the export oriented garment industry cannot be termed as a contract for supplying the garment to the foreign buyer rather it is an appointment of the export oriented garment industry to cut and manufacture the garments from the clo..

Category: Fiscal/Taxation Law | Date: 3 Sep, 2014 | Hits: 1

Peoples Insurance Company Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....her than expenditure” which may under the provisions of section 10 of the Income Tax Act be allowed for in computing the profits and gains of a business. The Assessing Authority has to apply an independent mind uncontrolled by Insurance Act to arrive at such a readjustment. The expense of......nswered in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 24 Jul, 2014 | Hits: 0

Tapan Kumar Mondal Vs. Bangladesh and others, 2014, 43 CLC (HCD)

....ent and order. The office is directed to communicate the judgment and order to the relevant persons immediately. J.B.M.Hassan J. - I agree. This Case is also Reported in:   ......spondents to show cause as to why they should not be comply with the Recruitment Rules in Column No.(4) of the “Appointment Circular” and Column No.(11) of the “Application Form for appointment in the post of Headmaster in the Government Primary Schools” published in the dail..

Category: Employment/Service Law | Date: 23 Jul, 2014 | Hits: 36

Mahabur Sheikh alias Mahabur Vs. State, represented by the Deputy Commissioner, Narail, 2014, 43 CLC (HCD)

....t­isfactorily, but failed to consider the cardinal prin­ciple of law that husband will not be liable mere­ly because the wife died in husband's house, if his presence is not proved by independent witnesses. In the instant case prosecution failed to prove that accused petitioner was p......n to interfere with the decision of the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 54. ..

Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15

Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)

....rough the judgment proposed to be delivered by my sister Jus tice Nazmun Ara Sultana. I respectfully differ with the findings, reasonings and decision arrived at by her and pro­pose to deliver an independent judgment giving my own findings, reasonings and decision as under: This civil appea...... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243   ..

Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11

ECOM Agroindustrial Corporation Ltd. & another Vs. Mosharaf Composite Textile Mills Ltd, 2014, 43 CLC (HCD)

....hrough arbitration expeditiously. The order of injunction granted earlier by the trial Court is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 330   ......ble of being performed. Further, the non-exis­tence of an appointing authority will not render the arbitration agreement incapable of being performed as the parties can approach the Court for the appointment of an arbitrator. If the arbitration clause itself contains some pathological contra­..

Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7

Elahi Box Sardar (Md.) Vs. Government of Bangladesh repre¬sented by Ministry of Communication and others, 2014, 43 CLC (AD)

....trative Appellate Tribunal, but for other grounds dis­cussed above. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 127.   ...... to change the pay scale which has also been reflected in serial No.14 of the list given in the Delegation of Financial Power, 1983. Since, at the relevant time, there was no provision to give direct appointment in the post of senior Sub-Assistant Engineer and there was no approval of the Ministry o..

Category: Administrative Law | Date: 25 May, 2014 | Hits: 9