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Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mrs. Sufia Khatun Advocate-on-Record- For Respondent (In both appeals) Civil Appeal Nos. 148-149 of 2007. (From the judgment and order dated 7th July, 2004 passed by the High Court Division in First Appeal Nos.48 and 49 of 2002) J......decree in Title Suit No.4 of 1998. Both the First Appeals were heard analogously by a Division Bench of the High Court Division which by the impugned judgment and decree dated 07.07.2004 reversed the decision of the trial Court, allowing both appeals holding that the termination notice dated 29.07.1..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ember, 2011, was in following terms: “Let a Rule Nisi be issued, calling upon the respondents to show cause as to why allegedly illegal, unreasonable and discriminatory impugned letter, dated 05.09.11 and 26.09.11, issued by the Respondent no.8, intimating the refusal to pay the Hon......binet Secretary, Cabinet Division, Bangladesh Secretariat, P.S.-Shahbag, District-Dhaka and others...... Respondents. Judgment January 6, 2012. Result: The impugned orders and decisions are set aside. Lawyers Involved: Manzill Murshid, Advocate-For the petitioner..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
.... for Leave to Appeal No.08 of 2012. Judgment Muhammad Imman Ali J. - Delay of 02 (two) days is condoned. 2. This petition for leave to appeal is directed against the judgment and order dated 31.10.2011 passed by the High Court Division in Writ Petition No.624 of 2011 discharging the R......w of section 6, including cases of murder, rape, firearms, explosive substances, drugs and hoarding, may be transferred to the Druta Bichar Tribunal. 11. The High Court Division referring to the decision in the case of Abdul Kader Mirza and others Vs. Bangladesh reported in 60 DLR (AD) 185, hel..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Anti-Corruption Commission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....-Record—For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondents. Criminal Petition for Leave to Appeal No. 657 of 2010. (From the judgment and order dated the 18th day of July, 2010 passed by the High Court Division in Criminal Miscellaneous Case No......ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....gir, Advocate-on-Record—For Respondent Nos.1 and 2. Respondent Nos.3-15—Not represented. Civil Petition for Leave to Appeal No.64 of 2011. (From the judgment and order dated 08.08.2010 passed by the High Court Division in Civil Revision No.2882 of 2009.) Order .......408 and Plot No.407 of the pre-emptors. 6. The trial court, on consideration of evidence adduced by both the contesting parties, allowed the case of pre-emption making observation and decision to the effect that the pre-emptors were the owners of contiguous land and that there w..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....they committed offences under sections 409 and 109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. 4. The FIR was registered as Sirajdikhan P.S. Case No.4(17) dated 30-4-1989 and investigation thereof was assigned to the District Officer of the Anti-Corruptio......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Somed Ali Vs. State, 2011, 40 CLC (AD)
.... Md. Helal Uddin Mollah, Advocate—For the Petitioners. Zahirul Haque Zohir, Deputy Attorney General—For the Respondent. Jail Petition No.11 of 2007. (From the judgment and order dated the 4th and 5th day of June, 2007 passed by the High Court Division in Death Reference No.129 ......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
....aidul Hassan J.- This appeal has been directed at the instance of the appellant under section 10 of the Criminal Law Amendment Act, 1958, challenging the Judgment and order of conviction and sentence dated 16-11-2006 passed by the learned Special Judge (District and Sessions Judge), Rangpur in Speci......Police for his inexperience failed to appreciate this aspect of the case and submitted charge sheet for which the appellant has been highly prejudiced. In support of his submissions Mr. Razi refers a decision in the case of Akhter Hossain Vs. State, represented by the Deputy Commissioner reported in..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
....eous Case No.19327 of 2008 and the Criminal Miscellaneous Case No.19328 of 2008 filed by one Moulana Motiur Rahman Nizami, accused of ACC GR Case No.22 of 2008 arising out of Shahbagh P.S. Case No.53 dated 26-2-2008 punishable under sections 409/109 of the Penal Code read with section 5(2) of the Pr......cellaneous Case No.19328 of 2008)
Judgment
December 14, 2011.
Result:
The rules are discharged.
Rule of stare decisis
The subordinate courts should not follow previous decision which has been overruled by the Appellate Division because it may give wrong result. So Cou..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
....structed by Mrs. Sufia Khatun, Advocate-on-Record—For Respondent No.1. Respondent Nos. 2-5—Not represented. Civil Appeal No. 266 of 2009. (From the judgment and order dated 10.05.2007 passed by the High Court Division in Writ Petition No.1870 of 2003.) Judgment ...... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....he Appellant. Abdur Rab Chowdhury, Senior Advocate instructed by Md. Zahirul Islam, Advocate-on-Record— For the Respondents. Civil Appeal No.200 of 2003. (From the judgment and order dated the 18th day of November, 2001 passed by the High Court Division in Writ Petition No.3614 of 2......e Mills Ltd; moreso before transferring the petitioner to the disinvested Jute Mills, he was neither consulted nor his consent was obtained. In taking the said view the learned Judges relied upon the decisions given by two different Benches of the High Court Division in Civil Revision No.600 of 1988..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... the instance of the petitioner, IMS Glass Industries Limited, this Rule Nisi was issued calling upon the respondents to show cause as to why the order bearing Nothi No.৪৪/মুসক/০৬ dated 28-6-2006 passed by the respondent No.3 giving direction to deposit an amount of Taka 5,98,44......rit in accordance with law. In support of her contention the learned counsel refers to the case of Usha Chemical Industries Ltd., Vs. Bangladesh reported in 63 DLR 563 and also an unreported decision of the Division in Writ Petition No.2876 0/2010 (Beximco Pharma Ltd. Vs. NBR) wherein unde..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....this Rule was issued on 15-10-2009, calling upon the opposite parties to show cause as to why the proceedings of Metropolitan Special Case No.177 of 2009 arising out of Ramna Police Station Case No.8 dated 3-7-2008 corresponding to ACC GR Case No.102 of 2008 under sections 409/109 of the Penal Code ...... commencement of trial would amount to stifling the proceeding without giving opportunity to bring evidence in support of accusation. In this respect, reference may be made to the case decision reported in 28 DLR (AD) 18 and 31 DLR (AD) 69. 10. For the purpose of quashing a pendi..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
....ssain, Advocate-on-Record—For Respondent No.2. None Represented.—For the Respondent No.1. Criminal Petition for Leave to Appeal No.162 of 2010. (From the judgment and order dated 28-2-2010 passed by the High Court Division in Criminal Revision No.1182 of 2009. Judgmen......ave to appeal before this Division. 8. Mr. Md. Nurul Islam Bhuiyan, learned Advocate-on-Record, appearing on behalf of the leave petitioner, submits that the case arose out a tender and that the decision of floating the tender was taken by the Board and not the President of Co-operative Bank an..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
.... Md. Fazlur Rahman, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 2354 of 2009. (From the judgment and order dated 17.08.2009 passed by the High Court Division in Writ Petition No.3614 of 2008) Judgment ...... appeared in the application for appointment and that of joining report does not appear to be identical. Thereafter, respondent No.5 issued a letter to respondent No.4 asking him to submit a specific decision in the light of the provision of clause 12 of the instructions for appointment. The respond..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
....d, Assistant Attorney-General - For the State. Criminal Appeal No.1450 of 2006. Judgment M Enayetur Rahim J.- This appeal at the instance of the informant is directed against the Order dated 6-3-2006 passed by the Nari-o-Shishu Nirjatan Daman Tribunal No.1, Magura in Nari-o-Shishu Nir......ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Golam Ahmed Vs. State, 2011, 40 CLC (HCD)
.... AKM Fazlur Rahman J.- This appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (hereinafter referred as the Ain), preferred by accused Golam Ahmed, is directed against the order dated 2-11-2010 passed by the Nari-o-Shishu Nirjatan Daman Tribunal, Sunamganj, (hereinafter referre......t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
....q Inam, Advocates—For the Opposite-Parties. Civil Revision No.3126 of 2009. Judgment Sharif Uddin Chaklader J. - This rule by 3rd party petitioners, directed against order No. 15 dated 15-6-2006 passed by the learned Joint District Judge, 1st Court, Mymensingh in Other Class Sui......rned Advocate further submit that in implicating 3rd party petitioner in the suit then their simple suit for specific performance of a contract would be changed to a suit for declaration which as per decision of Golam Kader being dead his heirs Niirun Nahar Begum Vs. Abdul Khaleque Coukider; 43 DLR ..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....r section 561A of the Code of Criminal Procedure, 1898 filed by the convict-petitioner, a Rule was issued calling upon the State-opposite-party to show cause as to why the impugned Judgment and order dated 11-10-2005 passed by the Special Tribunal No.2, Meherpur in Special Tribunal Case No.21 of 199......ed in 28 DLR (AD) 38, the Appellate Division has clearly spelt out the categories of cases where the High Court Division should interfere under section 561A of the Code of Criminal Procedure. In that decision, the Appellate Division has observed as follows: (a) Interference even at an initial sta..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....e-on-Record-For the Appellants. Israfil Hossain, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondents. Civil Appeal No.136 of 2004. (From the judgment and order dated the 30th day of June, 2002 passed by the High Court Division in Writ Petition No.3609 of 2001)...... Court Division for the following relief:— "(A) Issue Rule Nisi calling upon the Respondents to show cause as to why the Respondent Nos. 1 and 2 shall not be directed to implement the Government decision to declare the Petitioners as Second Class gazetted Government Officers as per the Gazett..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
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