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Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)

....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......ur Rahman J Hassan Arif J Sheikh Shahadat Hossain (Md.)………………………Appellant Vs. National Board of Revenue and others................Respondents Judgment April 25, 2013. Result: The Custo......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ..

Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2

JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ......he Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ...... Vs. Bangladesh Bank 20 B L D (AD) 32 = 52 DLR (AD) 61. Lawyers Involved: Bashir Ahmed, Advocate—For the Petitioner SM Moniruzzaman, DAG with Pratikar Cliakma, Assistant Attorney-General—For the Respondents. Writ Petition No.11021 of 2012. Judgment Md. Ashfa..

Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11

Bureau Veritas (BIVAC) Bangladesh Ltd. Vs. Customs Excise and Vat Appellate Tribunal, Dhaka and others, 2013, 42 CLC (HCD)

.... Judgment April 24, 2013. Result: The customs appeal is allowed. Lawyers Involved: MA Azim Khair with Md. Iqbal Hossain, Advocates-For the Appellant. Goutam Kumar Roy, Deputy Attorney General with Protikar Chakma, Assistant Attorney General-For the respondent. Cu......the Commissioner of Customs, Chittagong is set aside. Communicate the judgment and send down the records. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ...... Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Bureau Veritas (BIVAC) Bangladesh Ltd………………...........Appellant Vs. Customs Excise and Vat Appellate Tribunal, Dhaka and others…………...Respondents Judgment April 24, ...... April 24, 2013. Result: The customs appeal is allowed. Lawyers Involved: MA Azim Khair with Md. Iqbal Hossain, Advocates-For the Appellant. Goutam Kumar Roy, Deputy Attorney General with Protikar Chakma, Assistant Attorney General-For the respondent. Customs Appeal No...

Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186

Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)

....e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ...... Court Appellate Division (Criminal) Present: Mohammad Anwarul Haque J Siddiqur Rahman Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Tajul Islam and others .........................Appellants Vs. Billal Hossain and another ................ Nurul Huda Vs. Baharuddin and others 41 DLR 395; 37 DLR 18; 37 DLR 18. Lawyers Involved: N I Bhuiyan, Advocate-on-Record-For the appellants. Momtaz Uddin Fakir, Additional Attorney General Instructed by B. Hossain, Advocate-on-record- For the State, respondent No.2. Criminal..

Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8

Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)

.... The Rule is discharged. Lawyers Involved: SM Rezaul Karim with Sheikh Fazle Noor Taposh with Abdur Razzak with Afia Begum, Advocates—For the Petitioners. Abdus Salam Mondol, Deputy Attorney-General with Bahauddin Ahmed Assistant Attorney-General—For the Respondent Nos......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ...... DLR (HCD) (2013) 535 ...... discharged. Lawyers Involved: SM Rezaul Karim with Sheikh Fazle Noor Taposh with Abdur Razzak with Afia Begum, Advocates—For the Petitioners. Abdus Salam Mondol, Deputy Attorney-General with Bahauddin Ahmed Assistant Attorney-General—For the Respondent Nos.1—4. ..

Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3

Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)

....trash Birodhi Ain, 2009 against the present accused-petitioner. 10. On the other hand Mr. Md. Morataz Uddin Fakir, the learned Additional Attorney-General appeared with Mr. MH Sarder the learned Deputy Attorney-General and Mr. Gazi Md. Mamunur Rashid with Mr. Md. Asaduzzaman Assistant Attorney-......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ......t: The Rule is disposed of. Cases Referred to- Sayed Ahmed Vs. the State, 10 DLR (SC) 12; State of Goa Vs. Babu Thomas, (2005) 8 SCC 130; Baij Nath Prashad Tripathi Vs. State of Bhopal and Sudhakar Dube Vs. State of Bhopal PLD 1957 Supreme Court (India) 406. Lawyers Involved: ......of Bhopal PLD 1957 Supreme Court (India) 406. Lawyers Involved: Cumar Debul Dey with Mr. Sheikh Omar Sharif, Advocates—For the Petitioner. Momtaz Uddin Fakir, Additional Attorney-General with MH Sarder, DAG Gazi Md. Mamunur Rashid, AAG Md Asaduzzaman, Assistant Attorney-General&..

Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4

ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)

....te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......Division (Special Original Jurisdiction) Present: Farah Mahbub J AKM Zahirul Islam J ABM Mohiuddin Chowdhury.............Petitioner Vs. Anti-Corruption Commission and others...............Respondents Judgment ......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ..

Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4

Maku Rabi Das Vs. State, 2013, 42 CLC (AD)

.... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ...... Involved: Md. Helal Uddin Mollah, Advocate-For the Petitioner. Momtaz Uddin Fakir, Additional-Attorney-General-For the Respondent. Jail Appeal No.3 of 2007. (From the judgment and order dated 21st November, 2005 passed by the High Court Division in Death Reference No.105 of ......udgment April 3, 2013. Result: The appeal is dismissed. Lawyers Involved: Md. Helal Uddin Mollah, Advocate-For the Petitioner. Momtaz Uddin Fakir, Additional-Attorney-General-For the Respondent. Jail Appeal No.3 of 2007. (From the judgment and order dated ..

Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16

Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)

....on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ...... The appeal is dismissed. Legitimate expectation The root of the principle of legitimate expectation is constitutional principle of rule of law which requires regularity, predictability and certainty in Government's dealing with the public…………&helli......Support for Basic Service in Urban Areas Project" for December, 2008. Accordingly, DCC paid Taka 12 lacs for distribution amongst 300 employees on 29th September, 2008. Lastly, at its fourteenth General Meeting of Commissioners, DCC decided to send a request letter for transferring the sai..

Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17

State Vs. Romana Begum alias Noma, 2013, 42 CLC AD

....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......hellip;………….Respondent Judgment March 5, 2013. Result: The appeal is dismissed. Condemned-prisoner spent about 4 years in the condemned cell, and 13 years have elapsed since the judgment of the High Court Division, which commuted her sentence......the judgment of the High Court Division, which commuted her sentence of death to imprisonment for life....... (17) Lawyers Involved: Momtazuddin Fakir, Additional Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Appellant. &n..

Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5

Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)

....h Sheikh Fazle Noor Taposh and Mohammed Selim Hahangir, Advocates-For the petitioners (In all the cases). Md. Khurshid Alam Khan, Advocate-For Anti-Corruption Commission. K.M. Zahid Sarwar, Deputy Attorney General-For the State. Criminal Miscellaneous Case No. 2334 of 2004. With ......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ......p;………..Opposite party Judgment February 14, 2013. Cases Referred to- Abdul Quader Chowdhury Vs. The State, 28 DLR (AD) (1976) 38; Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) (1997) 44; Alauddin and others Vs. The State 4 BLD (HCD) 75. Result: ......oor Taposh and Mohammed Selim Hahangir, Advocates-For the petitioners (In all the cases). Md. Khurshid Alam Khan, Advocate-For Anti-Corruption Commission. K.M. Zahid Sarwar, Deputy Attorney General-For the State. Criminal Miscellaneous Case No. 2334 of 2004. With Criminal Mi..

Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82

Badsha Mia Vs. State, 2013, 42 CLC (HCD)

....d in 1989 BLD (AD) 118 and in the case of Md. Islam Alt Mia @ Md. Islam Vs. Amal Chandra Mondal reported in 13 BLD (AD) 28 in support of his contention. 8. Mr. KM Zahid Sarwar, the learned Deputy Attorney-General for the state opposing the Rule submits that the prima facie case has been m......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ......lip;(10) Cases Referred to- Habibur Rahman Mollah (Ex-Member of parliament) Vs. State, 62 DLR (AD) 233; Md. Musa Vs. Kabir Ahmed, 9 BLD (AD) 118 = 41 DLR (AD) 151; Md. Islam Vs. Amal Chandra Mondal, 13 BLD (AD) 28 = 45 DLR (AD) 27. Lawyers Involved: AKM Shamsul Huq, Advocate......D) 118 and in the case of Md. Islam Alt Mia @ Md. Islam Vs. Amal Chandra Mondal reported in 13 BLD (AD) 28 in support of his contention. 8. Mr. KM Zahid Sarwar, the learned Deputy Attorney-General for the state opposing the Rule submits that the prima facie case has been made out against ..

Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4

Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)

....acts 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) 31,18 MLR (AD) (2013) 161. ......acts 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) 31,18 MLR (AD) (2013) 161. ......inha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Rana Kaiser Siddiq..................Petitioner Vs. Bangladesh Chemical Industries Corporation and others………Respondents Judgment February 14, 2013. Result: ......er, the petitioner can seek remedy before the civil Court, not in the High Court Division by way of writ petition ................(12) Cases Referred to- Mozher Sowdagar Vs. M Zahirul Alam, General Manger, Bangladesh Shipping Corporation, 40 DLR (AD) 62; Messers Momin Motor Company Vs. The..

Category: Others | Date: 14 Feb, 2013 | Hits: 10

Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)

....no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ......no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ......his Case is also Reported in: 18 BLC (HCD) (2013) 386. ......r Mohammad Vs. Sultan Ahmed, 40 DLR 369. Lawyers Involved: Topan Kumar Chakraborty with Swapan Kumar Dutta, Advocates—For the Petitioners. Sudiarita Sen Gupta, Assistant Attorney General-For the Opposite-Party. Civil Revision No.1540 of 2011. Judgment Soumendra Sa..

Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8

Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)

....2007 Rule 10, which requires submission of police report within a stipulated period of 60 days is directory in nature......(9) Rule 17 Rule 17 of the Bidhimala, has already empowered a Deputy Director of the Commission to issue an order under section 26 of the Anti-Corruption Commissi......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......ary 10, 2013. Result: The Rule is discharged. Accused shall rebut presumption Under the provisions of section 27(2) an accused shall have to rebut presumption about the allegation and explain his position regarding the acquisition of properties disclosing sources of income. Mere ....... Dr. Mohiuddin Khan Alamgir, 62 DLR (AD) 290; Begum Khaleda Zia Vs. State, 64 DLR 1. Lawyers Involved: KB Rumy, Advocate—For the Petitioner. Zahirul Hoque Zahir, Deputy Attorney-General and Md. Jashimuddin, Assistant Attorney-General—For the Opposite-Party No1 (State). ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6

AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)

....pellate authority of the concerned election raising the self same allegation of non declaration of his assets properly in the affidavit submitted with the nominatiqn. The said appeal was heard by the Deputy Commissioner as appellate authority and after hearing the said appeal was rejected on 6-......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ......rt Division (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Mohammad Ullah J AKM Mahtabul Islam .......................Petitioner Vs. Bangladesh and others ....................Respondents Judgment January 30, 2013. Result: Th......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ..

Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3

Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)

....final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......al Jurisdiction) Present: Shamim Hasnain J Md. Ruhul Quddus J Mohammad Elias ..................................................Petitioner Vs. The Commissioner of Customs, Chittagong and others .............Respondents Judgment January 28, 2013. Result: The Rule is dispo......verage Ltd. Vs. Commissioner of Customs and others, 60 DLR 450. Lawyers Involved Ramzan Ali Sikder with Abdullah Mahmud Hassan, Advocates-For the petitioner. Ishrat Jahan, Assistant Attorney General-For respondent No.1. Writ Petition No.4251 of 2004. Judgments Md. Ruhul Quddus J.-T..

Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59

Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)

....cused-petitioner, the notice impugned in the writ petition was declared to have been issued without lawful authority on the ground that the notice impugned in the writ petition was issued by the Deputy Director of the Bureau of Anti-Corruption though no such power was delegated by the Governmen...... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ......s Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Abdullah-al-Noman……………...............Petitioner Vs. State and another..........................Opposite-Parties Judgment January 24, 2013. Resu......State, 60 DLR (AD) 1. Lawyers Involved: Rafique-ul-Huq, Advocate with BM Mamunar Rashid and Md. Suza-al-Faruque, Advocates—For the Petitioner. Md. Jashimuddin, Assistant Attorney-General and Shah Abdul Hatem, Assistant Attorney-General—For the State-Opposite-Party No. 1. ..

Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8

Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)

.... found to have been acquired beyond known sources of income. Identity of the properties along with money values has been shown in the FIR in support of such allegation. 4. Md. Abdul Baset, Deputy Director, Anti-Corruption Commission investigated into the allegation and examined incom......case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ...... (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Mohidul Islam (Ripon)(Md.)....................Petitioner Vs. State and another……………………………O......rum. If the allegations attract any offence, the accused-petitioner can be proceeded with and, as such, the Rule liable to be discharged. 7. Mr. Md. Jashim Uddin, learned Assistant Attorney-General appearing on behalf of the opposite party No1 (State) also opposes the Rule; and he submits ..

Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3

Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)

....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: M Enayetur Rahim J Giasuddin-al-Mamun ....................Accused-petitioner Vs. State and another……………...........Opposite-parties Judgment Ja......, CRP No. 32 of 2011. Lawyers Involved: Moudud Ahmed, Senior Advocate with AM Mahbub Uddin, Advocate and AKM Ehsanur Rahman, Advocate —For the petitioner. Mahbubey Alam, Attorney General—For the State. Anisul Hague, Advocate with Md. Khurshid Alam Khan, Advocate&mdash..

Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11

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