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Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....slam, Advocate—For the Defendant-Respondents. First Appeal No. 421 of 2009. Judgment Sharif Uddin Chaklader J. -This appeal by the plaintiffs directed against judgment and decree dated 30-9-2009 passed by the learned Joint District Judge, 1st Court, Dhaka dismissing Title Suit N......nst the mother of this defendant, Kaniz Fatema as defendant. The suit was dismissed on 28-6-1957, against which Title Appeal No.120 of 1957 was filed. Appeal was dismissed on 5-11-1957. Against which decision plaintiffs of that suit filed Appeal from Appellate Decree No.195 of 1958 before the High C..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s. Writ Petition No. 9416 of 2012 Judgment Hasan Foez Siddique J.- By this petition, the petitioner has sought for declaration that the Ruling of the Hon'ble Speaker of the Jatiyo Sangsad dated 18.06.2012 that a certain Hon'ble Judge of the High Court Division has violated Article 78(1) ...... 226 of the Constitution of India challenging his committal and he prayed for bail. Two learned Judges of the Lucknow Bench of the High Court ordered that Keshov Singh be released on bail pending the decision on the writ petition. The Legislative Assembly passes a resolution requiring the production..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Nalu Vs. State, 2012, 41 CLC (AD)
....Involved: A. B. M. Bayezid, Advocate- For the Petitioner. Md. Shahrowardi, Deputy Attorney General- For the Respondent. Jail Petition No. 09 of 2010. (From the judgment and order dated 10th November, 2009 passed by the High Court Division in Death Reference No.78 of 2005 with Ja......t a form of punishment that may never be imposed, regardless of the circumstances of the offence, regardless of the character of the offender, and regardless of the procedure followed in reaching the decision to impose it.” While writing the minority opinion Justice Brennan stated as und..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
.... Rokanuddin Mahmud, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.663 of 2010. (From the judgment and order dated the 10th day of March, 2010 passed by the High Court Division in Writ Petition No.1218 of 2009......e Rule contending, inter alia, that as the Secretary General resigned, the President on 7th November, 2008 convened an emergency meeting with the members available in Dhaka which meeting endorsed his decision in appointing the Joint Secretary as the Secretary (in charge) and gave authority to her to..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
....itution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the continuation of Special Case No.01 of 2007 arising out of Dimla P.S. Case No.18 dated 21.02.2007 corresponding to G.R. No.40 of 2007, pending before the learned Special Judge, Rang...... or section 6A of the Act, 1958 in case of failure to oblige the “time-limit” as such the accused cannot derive any benefit out of it. In support of this view, we may safely rely upon the decision of the case reported in 1993 BLD (AD) 11 ”
11. We are also in agreement with ..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
...., Senior Advocate (with. M.A. Samad, Senior Advocate), instructed by Md. Zahirul Islam, Advocate-on-Record-For the Respondent. Civil Appeal No. 209 of 2007. (From the judgment and order dated 21.1.2002 passed by the High Court Division in Writ Petition No.3445 of 1998.) Judgment ......nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
.... Qumrul Haque Siddique, Advocate instructed by Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1326 of 2009 (From the judgment and order dated 25-3-2009 passed by the High Court Division in Civil Revision No.2944 of 2006.) Judgment ......s General Secretary and defendant Nos.6 and 7 were shown as members of the Executive Committee. That the said newly formed committee was absolutely illegal and the plaintiff was not bound by any decision taken by that illegal committee. That the plaintiff raised an objection against the activit..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
....ddin Chaklader J. - This rule under section 14 read with section 5 of the Limitation Act for condonation of delay 4,614 days in preferring revisional application against judgment and decree dated 10-6-1998 passed by the learned Joint District Judge, 3rd Court, Mymensingh dismissing Title A...... is made absolute. It is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be settled only upon taking evidence and further in terms of the decisions of the superior courts, a litigant should not suffer for wrong advice of his learned Lawye..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
.... Syed Shaheed Hossain, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 2208 of 2011. (From the judgment and order dated the 16th day of May, 2011 passed by the High Court Division in Writ Petition No.8824 of 2009)....... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....Bhuiyan, Advocates—For the Respondent No.4. Writ Petition No. 242 of 2012 Judgment Nozrul Islam Chowdhury J.— This Rule Nisi is directed against the judgment and order dated 21-11-2011 passed by the Chairman Labour Appellate Tribunal, Dhaka in Appeal No. 349 of 2011 a......ing the order passed by the respondent No. 2 rejecting the prayer for addition of party holding inter alia that the petitioner bank does not have any locus standi to be added as party relaying a decision reported in the case of Palli Daridra bimochon Foundation Vs. Palli daridra Bimochon Founda..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....alled upon to show cause as to why the impugned amendment of the Regulations for Working of Chittagong Port (Cargo and Container), 2001, as contained in the notification bearing SRO No.266-Ain/2007 dated 27.11.2007 (Annexure-A), framed by respondent No.1 in exercise of power as provided under sec...... amongst others, that 15(fifteen) Ship Handling Operators would be working on rotational basis at the mooring/outer anchorage other than the newly demarcated 12(twelve) berths. 12. The said decision, as contained in resolution No.10 (Ga) of the minutes of the meeting dated 21.05.2007, had..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....iption of the appearance, complexion and stature of dacoits and he has also stated that if he could see them again he would be able to identify the dacoits. Acordingly Nagaon Police Station Case No.9 dated 9-11-2011 has been registered under section 395/397 of the Penal Code against Md. Abdul Karim ......rd in that case, has found the confessional statement untrue and not voluntarily, in that case, and, as such, held that it cannot be used against the accused-appellant or against the co-accused. This decision cited by the learned Advocate: for the petitioner is not applicable to the facts and circum..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
....by Nurula Islam Bhuiyan and Md. Shamsul Alam, Advocate-on-Record- For Respondent No.1.
Not represented- Respondent Nos. 2-5.
Civil Appeal No.133 of 2004.
(From the judgment and order dated 16th and 17th April, 2002 passed by the High Court Division in Writ Petition No.1806 of 2000)
......al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....re in complying with the 30% (Thirty percent) quota system reserved for freedom fighters and/or their issues, as contained in respondent No. 2's Memo No. SA Ma (Bidhi-1) S-8/95 (part-2) 56 (500), dated 17-3-1997, as amended by Memo No. 170.1997.07.04.068.2010-150, dated 5-5-2010 (Annexure-A and ......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....iscellaneous Petitions) Civil Miscellaneous Petition for Leave to Appeal Nos.622-24 of 2012 With Civil Petition for Leave to Appeal No.1434 of 2012. (From the judgment and order dated 20-5-2012 passed by the High Court Division in Writ Petition No.4546 of 2012). Judgment ...... voters twice or thrice. The voter list prepared by the Bar Council on the basis of the lists of members of different Bar Associations is illegal. It has further been stated that election is a formal decision making process which cannot be allowed to be frustrated by an election of the national..Category: Others | Date: 18 Jun, 2012 | Hits: 7
....venue budget, the LGED shall absorb/transfer an employee or officer from the development project mentioned in clause (1) to fill up that post in accordance with Rules of 1985 and the ECNEC'S decision dated 10th January, 2008.
(iii) An officer or employee shall be absorbed if she was appointed in ......in the revenue budget, the LGED shall absorb/transfer an employee or officer from the development project mentioned in clause (1) to fill up that post in accordance with Rules of 1985 and the ECNEC'S decision dated 10th January, 2008.
(iii) An officer or employee shall be absorbed if she was appo..
Category: Employment/Service Law | Date: 18 Jun, 2012 | Hits: 130
Government of Bangladesh and others Vs. Md. Mizanur Rahman (Mizan), 2012, 41 CLC (AD)
....y Gias Uddin Ahmed, Advocate-on-Record—For the Petitioners. Not represented-The Respondent. Civil Petition for Leave to Appeal No.802 of 2009 (From the judgment and order dated 26.01.2009 passed by the Administration Appellate Tribunal, Dhaka in Administrative Appellate...... limitation holding that no specific reason was stated." Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 846. ..Category: Limitation Law | Date: 17 Jun, 2012 | Hits: 9
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
.... by Zainul Abedin, Advocate-on-Record—For the Petitioner. None represented—For the Respondent. Criminal Petition for Leave to Appeal No.202 of 2009. (From the judgment and order dated the 12th day of March, 2009 passed by the High Court Division in Criminal Miscellaneous Case......controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
....eal No.283 of 2010. with Civil Petition for Leave to Appeal No.73 of 2012. Judgment Syed Mahmud Hossain J.- This appeal by leave by the appellants is from the judgment and order dated 10-11-2009 passed by the High Court Division in Civil Revision No. 2910 of 2009 making the Rul......ourt has similar power like that of the trial Court and the appellate Court in appropriate cases can obtain additional evidence including taking opinion of the handwriting expert to come to a correct decision. Such initiative of the appellate Court is within its jurisdiction and is not an access to ..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....ismissed by the trial Court. He took an appeal in the lower appellate Court and in the said appeal he filed an application for comparing the thumb impression of one Abdur Rashid appearing in a deed dated 6th February, 1977, by which Abdur Rashid said to have gifted the suit land in favour of the ......parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
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