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AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
.... the Additional Chief Engineers having a total service experience of 18 (Eighteen) years including 3 (three) years experience as Additional Chief Engineer and in the meantime, the petitioner has completed about 34 (thirty four) years of service with an unblemished record. It is pertinent t......inal Jurisdiction) Present: Quazi Reza-ul-Hoque J ABM Altaff Hussain J AZM Tajul Islam...........................................Petitioner Vs. Government of Bangladesh and others.............Respondents Judgment April 3, 2014 Result: The Rule is ma...... 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 an order of injunction from promoting any junior ......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. ..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. ...... Supreme Court Appellate Division (Civil) Present: 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 ......the suit by filing written statement denying all the material statements made in the plaint. His case, in short, is that the suit is not maintainable in its present form and manner, which is not properly valued and adequately stamped and is barred by law of limitation. Defendant No.1w......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. ..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
.... goes, the petitioner entered the job producing all necessary papers including her 'VHI-pass Certificate' issued from a local school. Meanwhile five years of her satisfactory service had been completed. After the question was raised, the Headmaster informed the authority about the genui......aman J
Rahima Begum...............................Petitioner
Vs.
Government of Banglades Represented by the Secretary, Ministry of Local Government and others.................Respondents
Judgment
March 13, 2014.
......report on 3-5-2011 to that effect. As per said report the Headmaster again issued a fresh testimonial and forwarded a letter to the Respondent No.4 on 12-5-2011 explaining as to why he failed to give proper information earlier.
10. It also appears from the report of the inquiry committee dated ......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.
..
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. ......un Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Ekramul Haque Balbul .....................Appellant [In Criminal Appeal No. 9/05] Samaresh Baidya and another……………Appellants [In Criminal Appeal No.11/05] Sab......he Court rather the intention was to expose the scandalous activities in respect of examination results and also to expose the fault in the system of appointing Judges of the higher judiciary without proper scrutiny. He submitted that for it to be contempt of Court the news reports would have to hav......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. ..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
......ted in: 67 DLR (HCD) (2015) 204
......r 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 Court may seem fit and proper.
2. At the time of issuance of the Rule the operation of the impugned Notification No. ā......;
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. ...... 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. We have perused the FIR, the medical report of the victim and other materials on record. 2. Learned Attorney-General argued that the High Court Division ......, there is specific bar under section 19(2) (ka) in exercising the power of granting bail without hearing the informant and that the Tribunal or Court may grant bail to an accused person on assigning proper reasons if it is satisfied that the accused is a woman or child or sick or infirm. In this ca......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. ..Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
.... goes to submit that in Bangladesh Vs. Lokman Patwari reported in 46 DLR (AD) 163 the Appellate Division has clearly expressed their observations contending, inter-alia, "the High Court Division completely failed to consider that this is not a case where there was no formation of opinion at all......; Government of Bangladesh and others..........Respondents Judgment March, 2014. Result: Both the Rules are...... allegations as brought against him. On 26-2-2013 the petitioner categorically explained denying the allegations so made against him. But without taking personal hearing of the petitioner and without proper inquiry and investigation as well as without hearing to the complainants who made the al......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. ..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
.... instant petitioners do not fulfill the aforesaid criteria of the SEC Notification dated 7-8-2012 for independent directors. Hence, the petitioners cannot be called independent/nominated directors in complete contravention of the said Notification; that in the Judgment and Order dated 6-5-2013 deliv......e Referred To- Md. Mazakat Harun & Ors. Vs. Export Import Bank of Bangladesh Ltd. 32 BLD (AD) (2012) 115. Lawyers Involved: Sheikh Fazle Noor Taposh with Md. Mehedi Hasan Chowdhury and AKM Rabiul Hassan with Md. Selim Jahangif, Advocates—For the Petitioners. Aktar Imam,......aving denied the allegations made in the petition as regards the interpretation of the aforementioned notifications dated 22-11-2011 and 7-12-2011 and letter dated 12-2-2012, further states that on a proper construction of the aforesaid Notifications dated 7-12-2011 and 7-12-2011, any director (exce......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 ..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Ruksana Huq and othÂŦers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)
....ined and also to add any persons-either as plaintiff or defendant-who ought to have been joined whether as plaintiff or defendant or whose presence before the Court may be necessary for effectual and complete adjudication of the matter. Exercising this very power the Courts can make transpositi......) (2014) 240. ......rule 10(2) of the Code of Civil Procedure enables the Courts to make such transposition, order I, rule 10(2) has empowered the Courts to strike out name of any party, either plaintiff or defendant, improperly joined and also to add any persons-either as plaintiff or defendant-who ought to have been ......also to add any persons-either as plaintiff or defendant-who ought to have been joined whether as plaintiff or defendant or whose presence before the Court may be necessary for effectual and complete adjudication of the matter. Exercising this very power the Courts can make transposition also o..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)
....h Court Division for hearing on merit or in the alternative, the writ petition may be disposed of finally by this Court invoking the power vested in it under article 104 of the Constitution for doing complete justice in a case. 14. Mr. Harun-or-Rashid, learned Advocate, entering caveat on behal......ourt Appellate Division (Civil) 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......... Artha Rin Execution Case No.560 of 2004 rejecting the application filed by them under section 57 of the Artha Rin Adalat Ain, 2003 (the Ain, 2003) for setting-aside the auction sale of the mortgaged property held on 6-10-2009 and confirming the auction sale. In the writ petition, it was stated......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. ..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.
......Criminal)
Present:
Md. Muzammel Hossain CJ
Surendra 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 Mo......;………..(14)
Pre-arrest bail is an extraordinary remedy, an exception to the general law of bail, can be granted only in extra-ordinary and exceptional circumstances upon proper and intelligible exercise of discretion. The allegations that the case is false or that ......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.
..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
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. ...... (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Aftab Uddin (Md.)......................Appellant Vs. Chairman, Court of Settlement and another ............Respondents Judgment February 19, 2014. Result: The appe......e 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 abandoned buildings publishe......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. ..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
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This Case is also Reported in:
......justified in maintaining assessment framed by the DCT instead of the provision of section 35(4) in as much as the applicant maintained proper books of accounts employee regularly method of accounting and without having categorically said that profit and loss could not be deduce therefrom.
(III)......
(II) Whether the Appellete Tribunal u/s 159(2)/35(2)/35(4) is justified in maintaining assessment framed by the DCT instead of the provision of section 35(4) in as much as the applicant maintained proper books of accounts employee regularly method of accounting and without having categorically sa......ĻāĻžāĻ°āĻĒāĻ¤āĻŋ āĻŽā§āĻ āĻāĻŽāĻĻāĻžāĻĻā§āĻ˛ āĻšāĻ āĻāĻāĻžāĻĻ.- āĻāĻŽāĻŋ āĻāĻāĻŽāĻ¤ āĻšāĻāĻ˛āĻžāĻŽāĨ¤
This Case is also Reported in:
..
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.
......Present:
Md. Muzammel Hossain CJ
Md. Abdul Wahhab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Chowdhury J
Gias Uddin Chowdhury (Md.) and others........................Petitioners
Vs.
Bangladesh, represented by the...... Suit No.70 of 2008 filed by respondent No.3, herein, Social Investment Bank Limited against respondent No.4, namely, Nurul Islam Chowdhury for realization of the outstanding loan. The mortgaged property was sold in auction for the purpose of realization of the decretal amount. At this stage, t...... 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.
..
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. ......ent: 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 Judgment February 16, 201......they are expressed in clear and unambiguous terms. The aid of preamble can only be taken when the meanings of the words to be interpreted are not clear and unambiguous. The words 'immoveable property' occurring in section 5 of the Ordinance include both agricultural and non-agricul......, 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. ..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. ......sain J Md. Imman Ali J Md. Anwarul Haque J Sukur Mahmood and others.......................Petitioners Vs. State..........................................avit filed by the petitioners, the High Court Division found that the petitioners tried to impress upon that the victim of her own volition went to the brothel but that the said affidavit was neither properly exhibited nor was it filed in the trial Court and that the victim denied making any affi&sh......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. ..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)
....patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ......uzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Durnity Daman Commission.........................Petitioner Vs. Jesmin Islam and another…………….................Respondents Judgment F...... Anticipatory Bail or Pre-arrest Bail is an extra-ordinary remedy and an exception to the general rule of bail which can be granted only in extra-ordinary and exceptional circumstances upon a proper and intelligent exercise of discretion. The High Court Division cannot exercise its discretio......patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)
....used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ......Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Durnity Daman Commission........................Petitioner Vs. Jesmin Islam and another…………................Respondents Judgment February 1......n is disposed of. Anticipatory Bail is an extra-ordinary remedy and an exception to the general rule of bail which can be granted only in extra-ordinary and exceptional circumstances upon a proper and intelligent exercise of discretion. The High Court Division cannot exercise its discretio......used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
.... without reviving the miscellaneous case (16 of 1989), the same may be disposed of finally by this Court invoking the power vested with this Court under article 104 of the Constitution in order to do complete justice and in support of his submission, he has referred to the case of M/s Gannysons Limi......e J AHM Shamsuddin Choudhury J Selim Hossain (Md.)...………………..............Petitioner Vs. Shahabuddin Ahmed and others .............Respondents Judgment &nb......n is a nullity and such nullity, in no way, is curable or immune from being challenged. The orders of the High Court Division declaring the proceedings and the auction sale of the mortgaged property in question held in the execution as illegal, the observation that "The auction purcha......t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
.... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ...... Rule is made absolute. Small Causes Court Act (IX of 1887); Section 15(2) (3) Jurisdiction of Small Causes Court— Subject to the exceptions specified in the second schedule and to the provisions of any enactment for the time being in force, all suits of a civil nature......ior Assistant Judge, 4 Court, Narayanganj in Title Suit No. 11 of 2008 decreeing the suit should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of the Rule may be, briefly, stated as fo...... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
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