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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 ...... we have gone through the decisions as referred by the learned Deputy Attorney-General. The facts leading to those cases are distinguishable to that of the instant case. So the same have no manner of application in the instant case. In such circumstances we are also unable to accept her sub­..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....esponding right of revival of the proceeding under the repealed provision of section 339D of the Code. The accused appellant will be scot free and no proceeding can be continued against him without a fresh complaint or First Information Report. It is therefore to be borne in mind that under the unam......val of cases—(1) Notwithstanding anything contained in section 339C, any proceedings in respect of the trial of a case stopped under sub-section (4) of that section shall be revived, if an application for such revival is made by the Government to the Court, where such proceedings were pen..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....are working under him. 19. The petitioner all the time suppressed the fact and mentioned that only one name is proposed for meeting, in fact respondent No.1, vide proposal dated on 20-10-13 sent fresh proposal with 7(seven) names, which included the name of the petitioner. 20. The responde......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. ......decreed the suit in part. 5. Being aggrieved by and dissatisfied with the judgment and decree of the appellate Court, the defendant-petitioners moved the High Court Division by filing revisional application and obtained Rule in Civil Revision 3514 of 1998 and the plaintiffs also filed revisiona..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....ence that the defamatory imputation is true, but it is otherwise in a case of contempt by scandalizing a Judge or a Court. Any attempt to justify the libel upon a Judge or a Court is in itself a fresh contempt." Quite clearly, therefore, if the intention or the effect of the statement is t......nal Judge of the High Court Division of the Supreme Court of Bangladesh on 23-8-2004. His father, Muhammad Faiz, an Advocate of the Appellate Division of the Supreme Court of the Bangladesh, filed an application for drawing up proceedings for contempt of court under Article 108 of the Constitution a..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
.... are of no legal effect. 37. However, since the impugned order has been knocked down by this Court for non-compliance of law as such, the respondent-government will be at liberty to issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. ......ubmitted a report to the respondent No.3 on 17-7-2013 for consideration. Pending inquiry process the Union Parishad Members who made the allegations had subsequently withdrawn his complaint vide application dated 6-6-2013 stating, inter-alia, that they made allegations out of their personal gru..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
.... settled by the neutral chairman. He also submits that in the case of finding any ambiguity in relation to the legal position regarding holding of 2% shares, this court may direct the BSEC to issue a fresh notification to clarify the position further. In the alternative, he continues, that if this c......rcantile Bank Limited in the year 1959 under the Companies Act, 1913; after independence of Bangladesh in 1972 the Respondent the Bank was nationalized and renamed as Pubali Bank; that pursuant to an application filed by one Mr. Shafi Ahmed Chowdhury under section 85(3) of the Companies Ac..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)
....tted illegality. The learned Advocate has made submissions to the effect also that the added opposite parties-who claimed themselves to be the heirs of late Mr. AK Faizul Huq had scope to file a fresh succession case and in the circumstances the Court below had no reason to transpose the a......ion under the Succession Act, 1925. During pendency of that proceeding the 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 allow..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. ......Writ Petition No.878 of 2010). Judgment Md. Abdul Wahhab Miah J. - This petition for leave to appeal is directed against the two orders one dated the 18 day of July, 2010 rejecting the application filed by the petitioners for modification of the order dated 17-2-2010 and the other dat..Category: Others | Date: 24 Feb, 2014 | Hits: 15
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. ......as abandoned property, and included in the 'Kha' list of the Abandoned Buildings, published in the Bangladesh Gazette (Extraordinary) dated 23 September, 1986 and, as such, he filed the application under section 7(1) of the Ordinance seeking release of the property from 'Kha' l..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
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. ......rty at the behest of her father and brother. Hence, the suit has been filed by the plaintiff for declaration of title in the suit property. 4. Defendant No.1 contested the suit by filing an application under Order VII, Rule 11(d) of the Code of Civil Procedure for rejection of the plaint, ..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176. ......eal setting aside the judgment and decree passed by the trial Court. 6. Being aggrieved by and dissatisfied with the judgment and decree of the appellate Court, the plaintiffs filed a revisional application before the High Court Division and obtained Rule in Civil Revision No.1104 of 1993. The ..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
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. ......etion. This being the position of law settled by this Division, the High Court Division cannot exercise its discretion whimsically at its suit will. 3. We have given a cursory glance of the application for pre-arrest bail. The grounds are also not relevant for the purpose of exercising dis..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 ......etion. This being the position of law settled by this Division, the High Court Division cannot exercise its discretion whimsically at its suit will. 3. We have given a cursory glance of the application for pre-arrest bail. The grounds are also not relevant for the purpose of exercising dis..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......f the defendant chose to avail the forum provided in section 95, he was required to establish the ingredients referred to in the section and no more. Sub-section (2) bars a litigant who makes an application from instituting a suit for the same purpose. In case of attachment it is incumbent upon..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....ocedural defect in filing the same and that was filed in clear compliance with the mandate of the provisions of PO No. 7 of 1973. Factually and legally, the said miscellaneous case needs to be heard afresh as per requirement of law by restoring its position as it stood when it was transferred to the......urt Division calling in question the propriety of order No. 99 dated 11-1-2009 passed by the Joint District Judge, Artha Rin Adalat, Narayangonj in Mortgage Execution Case No.59 of 1994 rejecting the application filed under section 57 of the Artha Rin Adalat Ain, 2003 (the Ain, 2003) for cancellatio..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6