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State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....er section 302 of the Penal Code and upon conviction sentenced her to death. 8. The Additional Sessions Judge, Fifth Court, Dhaka forwarded the Reference to the Registrar of the Supreme Court of Bangladesh under section 374 of the Code of Criminal Procedure for confirmation of death sentence. T......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. ......issed. 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 of death to imprisonment for life....... (17) Lawyers Involved: Momtazuddin Fakir, Additional Att......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. ..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
.... Judge, Artha Rin Adalat No. 4, Dhaka passed in Writ Petition No. 8549 of 2005; Antibiotic Stores Vs. Subordinate Judge and Artha Rin Adalat, 55 DLR (AD) 13 = 8 BLD (AD) 8; Sarder Jan-e-Alam Vs. Arab Bangladesh Bank Ltd., 4 BLC (AD) 178.
Lawyers Involved:
Lokman Karim and Md. Raflqul Islam......sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
......f the property correct which was sold in execution of the decree after the confirmation of the sale which is enough to bring the matter within the mischief of Order XXI, Rule 90 of the Code for setting-aside auction sale on the ground of material irregularity.
It also appears that the......sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
..
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....e Penal Code and section 5 (2) of the Prevention of Corruption Act (Act No. II of 1947) was started alleging, inter alia, that in the financial year of 1995-1996 a proposal for purchase a Frigate for Bangladesh Navy with necessary specifications was sent to the Director General of Defence Purchase (......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: ...... of 2004. With Criminal Miscellaneous Case No.6339 of 2004 And Criminal Miscellaneous Case No.3987 of 2004. Judgment KM Kamrul Kader J. - The supplementary affidavits do form part of these applications. 2. These Rules were issued in the above numbered criminal Misc......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: ..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....that the defendant would execute and register a sale deed within 6 (six) months from the date of execution of the agreement on receipt of the balance consideration after obtaining permission from the Bangladesh House Building Finance Corporation (HBFC) with whom the property was mortgaged but the de......ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......shid and others......................Respondents Judgment February 20, 2013. Result: The appeal is dismissed with modification of the judgment. Cases Referred to- Oxford Vs. Provand, LR 2 PC 135; F Edridge Vs. RD Sethna, 60 IA 368; Jamshed Khodaram Irani Vs. Burjor......ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
.... Md. Muzammel Hossain CJ Surendra Kumar Sinha 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 J......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. ..................Petitioner Vs. Bangladesh Chemical Industries Corporation and others………Respondents Judgment February 14, 2013. Result: The petition for leave to appeal is dismissed. Writ jurisdiction in case of contractual right Contractu......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. ..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
.... Court Division (Civil Revisional Jurisdiction) Present: Soumendra Sarker J Shamir Chandra Sajwal and others.........Plaintiff-Respondent-Petitioners Vs. Government of Bangladesh..................Defendant-Appellant Opposite party Judgment February 13......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. ......nephew Chandra Kanta Sajwal. On the death of CS recorded tenant Goalak Bashi and Mohon Bashi their total shares devolved upon their nephews in absence of their sons and daughters in equal share. The aforesaid nephews are one Rajani Kanta and Jogendra Nath, who is the plaintiff No.5 of the suit; Duri......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. ..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
.... High Court 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. Resu......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 ......Bank to supply the bank accounts of the respondent No. 3 within 15(fifteen) days from the date of receipt of this order. 3. We have heard Mr. Zahangir Kabir, the learned Advocate appearing for the petitioner in support of the rule, who having placed the materials before us submits 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
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
..... State and another..........................Opposite-Parties Judgment January 24, 2013. Result: The Rule is discharged. Cases Referred to- People's Republic of Bangladesh Vs. Shahadat Hossain, 16 BLT (AD) 183, Mustafizur Rahman Vs. DG Anti-Corruption, 49 DLR 5...... 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 ......ugned proceedings of Special Case No. 22 of 2007 arising out of Dhan-mondi Police Station Case No.71 dated 19-9-1998 under section 4(2) of the Anti-Corruption Commission Act, 1957, now pending before the Court of learned Metropolitan Senior Special Judge, Dhaka should not be quashed and/or pass...... 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 ..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....15, 18 & 19) Cases Referred to- M Sahabuddin Vs. State, 11 BLC (AD) 206; Ali Akkas Vs. Enayat Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38 ; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69. Lawyers Involved: Moudud Ahmed with Hahibur......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. ......llip;……Opposite Parties Judgment January 17, 2013. Result: The Rule is discharged. Opportunity to prove the allegation by adducing evidence- There is scope for the accused-petitioner to explain about the matter and rectify the mistake in calculating assets......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. ..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....……………...........Opposite-parties Judgment January 17, 2013. Result: The application is rejected. Cases Referred to- Tarique Rahman Vs. Bangladesh, 63 DLR (AD) 18;Pirjada Syed Shariatullah Vs. Government of Bangladesh, 61 DLR 64714 BLD ......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. ......LD (AD), 196 = 46 DLR (AD) 174, Kalepada Shaha Vs. State, 37 DLR (AD) 135;Delowar Ali Khan Vs. Sajadul Hague, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram, AIR 1965 (SC); Directorate of Enforcement Vs. Dipok Mahajon, (1994), 3(SCC) 440; State (Union of India) Vs. Ram Saran,(2003) 12 SCC ...... BLD (AD), 196 = 46 DLR (AD) 174, Kalepada Shaha Vs. State, 37 DLR (AD) 135;Delowar Ali Khan Vs. Sajadul Hague, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram, AIR 1965 (SC); Directorate of Enforcement Vs. Dipok Mahajon, (1994), 3(SCC) 440; State (Union of India) Vs. Ram Saran,(2003) 12 SC..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....gh Court Division (Special Original Jurisdiction) Present: Shamim Hasnain J Md. Ruhul Quddus J Md. Sadek Ali……………………….....Petitioner Vs. Government of Bangladesh and others…...Respondents Judgment January 13, 2013. Result: The Ru......s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......Jute Mills Ltd., Khalishpur, Khulna on 12.11.1986 as a weaver. He was promoted twice, firstly to the post of Senior Weaver (বড় তাঁতী)and secondly to that of Labour Sarder in 2009. He performed his duty honestly and diligently. Being a popular worker-leader, he was elected as Assistant ......s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....an Foez Siddique J ABM Altaf Hossain J Mir Sharafat Ali………………………………Petitioner Vs. Govemment of Bangladesh and others…………Respondents Judgment January 10, 2013......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......der or further order or orders as to this court may seem fit and proper". 2. The averments of the petitioner are as follows:— The petitioner being a citizen of Bangladesh applied for a Machine Readable Passport (hereinafter referred to as "MRP Passport") to the office ......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....ld major shares in the company; it has 12 Tea Estates having 10,949.58 hectares of land, out of which more than 50% area is under tea plantation. NTC is one of the major tea producing company in Bangladesh, annual average production of tea being about 5.20 million kgs; that the 33rd Annual......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......ny Ltd and others..............Respondents Judgment January 9, 2013. Result: The petition is allowed with the direction. Lawyers Involved: Kamal-ul-Aiam, Senior Advocate for Mohammad Hossain, Advocate-For the Petitioner. AM Amiuddin Advocate with Yousuf Khan Rajib,......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....le completely ignoring the said principles of law declared by this Division. It seems that the concerned learned Judges are not aware of article 111 of the Constitution of the People's Republic of Bangladesh which has mandated that the law declared by this Division shall be binding on the High C......09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ......d by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioners. Aktar Imam, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.2407 of 2012. (From the judgment and order dated the 13th day of August......09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)
....4. It has been asserted in the Income Tax Reference Applications that the Assesse-applicant is a private limited company engaged in import and sell of various pesticides/insecticides in the market of Bangladesh. The Assesse-applicant does not manufacture the product which it sells and those are prod...... The connected Rule being No.30 (Ref:) /2011 is disposed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ......stice requires that both the appeals are heard together in order to avoid conflicting decision. The Taxes Appellate Tribunal not even a quasi judicial authority, is a pure judicial authority and therefore the same practice is also applicable in case of the Taxes Appellate Tribunal and also in case o...... The connected Rule being No.30 (Ref:) /2011 is disposed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
.... different wash brand scouring powder, Jet brand detergent powder, Kohinoor brand detergent powder, Sodium Silicate, Jet ball soap and other products and have been marketing those items all over Bangladesh on paying of all the VAT and other taxes regularly. 3. At a tip-off a team of the Pr......Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ......ibunal & others.............Respondents Judgment December 10, 2012. Result: The Rule is discharged. Section 26 of the VAT Act contemplates a situation and made provisions for combating the same. Of course the provision should be followed meticulously in its true spirit a......Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Muzibul Haque (Md.)..........................Petitioner Vs. Bangladesh and others.................Respondents Judgment December 6, 2012. Result:......s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138 ......ticle 102 of the Constitution as a method of cunning device. Section 12 of Ain, 2003 maintains as a pre-contention to sale the mortgage property and realized the outstanding dues, if any, before filing a suit against a defaulter borrower………………(6) ......s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138 ..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....hat score if anyone is aggrieved by the decision of the government may take recourse of law in an appropriate forum, if so advised…….(54) Cases Referred to- Government of Bangladesh, represented by the Deputy Commissioner, Dhaka Vs. Mr. s Anwara Huq, 9 MLR (AD) 253 = 56 ...... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ......n determining seniority of the said non-cadre officers appointed, after 1985 and in that score if anyone is aggrieved by the decision of the government may take recourse of law in an appropriate forum, if so advised…….(54) Cases Referred to- Government of Bangladesh, rep...... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
....et-aside the judgment and decree of the trial Court invoking the concept of complete justice which is available only to this Division under article 104 of the Constitution of the People's Republic of Bangladesh. From the trend of the judgment of the High Court Division it appears that, in fact, it s......nbsp;
Syed Mahmud Hossain J
Md. Imman Ali J
Ramala Khatun & another........................................Petitioners
Vs.
Baitul Aman Co-operative Housing Society Ltd. and others.......Respondents (In Civil Petition No.928 with 1041 of 2009)
Judgment......pondents (In Civil Petition No.928 of 2009).
Md. Nurul Amin, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondents (In Civil Petition No.1041 of 2009).
Civil Petition for Leave to Appeal No.928 of with No.1041 of 2009.
(From the judgment and order dated the 19th......e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....11) Section 561A of the Code of Criminal Procedure can not be utilised to quash an investigation work of the police........(12) Cases Referred to- Abdul Huque Vs. State, 60 DLR (AD) 1; Bangladesh Vs. AT Mridha, 26 DLR (SC) 17. Lawyers Involved: Jahirul Islam Mukul and Md. Ha......posal of the case. 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) 278. ......titioner Vs. State and another...........................................Opposite-Parties Judgment December 3, 2012. Result: The Rule is discharged. No quashment before charge-sheet No case can be subject matter of quashment before submission of the charge-sh......posal of the case. 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) 278. ..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
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