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Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

.... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......79 SC 193; CIT Vs. National Jaj Traders, AIR 1980 SC 485; East Pakistan Vs. Sarafatullah, PLD 1970 (SC) 514; India Vs. Pradeep Kumari, AIR 1995 SC 2259;Mahadeo Lal Vs. Administrator General of West Bengal, AIR 1960 SC 936; AIR Karmachari Sangha Vs. AIR Ltd., AIR 1988 SC 1325; Seraj...... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ...... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15

State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)

.... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ......, 16 BLP (1996) 580 = 1 BLC 312; Abdur Razzak alias Geda Vs. State, 16 BLD (1996) 312=48 DLR 457; Abul Kalam Azad Vs. State, 48 DLR 294. Lawyers Involved: Biswajit Deb Nath, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Appellant. Sheikder Mokbul H...... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ...... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ..

Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26

Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)

.... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ......ittal, unless there is non-consideration or misreading of evidence, or miscarriage of justice arising out of misconception of law, gross procedural irregularities and apparent harshness of treatment. Generally an accused enjoys the presumption of innocence and an accused acquitted on trial acquires ...... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ...... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ..

Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24

Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)

.... Saha, AAGs—For the Respondent No.1. Writ Petition No. 3064 of 2008. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioner, Sheikh Md. Rafiqul Islam (Babul), Managing Director of M/s Sigma Garments Industries Ltd., this Rule Nisi was issued calling upon the responden......ined under law since it has been passed by the respondent No.3 Additional District Judge under his direction which he cannot do under the law. 8. Mr. SM Moniruzzaman, the learned Deputy Attorney-General appearing for the respondent No.1 by filing affidavit in opposition opposes the Rule. He sub......s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ......s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ..

Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6

Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ts Judgment November 20, 2013. Result: The Rule is discharged. Lawyers Involved Abdus Satter Babul, Advocate-For the petitioner. Ms. Amatul Karim, Deputy Attorney General with Ms. Nusrat Jahan, Aaaistant Attorney General- For the respondent-government. Wri......fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24

Ekramul Hossain (Md.) and others Vs. Chairman, First Labour Court, Dhaka and others, 2013, 42 CLC (HCD)

....ourt as contemplated by the provisions of section 202(21) of the Act, 2006. .....(15) Affairs in Civil Nature Must Be Adjudicated By the Civil Court— Section 317(4) entrusted the Director of Labour with power to oversee and supervise the election of a trade union and in the case......ation No. Dhaka-4557, obtained this Rule,on 27-10-2011, challenging the proceedings of BLA Case No. 1534 of 2011 brought before the First Labour Court, Dhaka by-respondent No. 1 describing him as the General Secretary of same trade union. 2. Respondent No. 2 as first party brought the BLA Case ......y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 313 ......y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 313 ..

Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5

Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)

....he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ......tute. 16. The case cited above is different from the case in hand and, as such, it has no manner of application. In addition the term "District Judge" according to section 3(15) of the General Clauses Act has to be taken as the principal civil Court of the original jurisdiction. The t......he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ......he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ..

Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17

Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......of the Inspector's report was neither taken before the Tribunal nor decided by the Tribunal. 11. Appearing with the leave of the Court, in reply, Mr Md Abu Amzad, the learned Deputy Attorney-General on behalf of the respondent-department being assisted by Ms. Mahfuza Begum, the learned Assi......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ..

Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4

AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)

....stries and BCIC are the separate and there is no scope to adjust the amount obtained by the convict-appellant from BCIC from the fund of Government. It is also admitted by him that there are Board of Directors who served under the Chairman of BCIC. It is also admitted by him that the pay and conditi......�, উল্লেখিত আইন দুটি পরস্পর বিরোধী। তদাবস্থায় ফৌজদারী কার্যবিধি সাধারণ আইন (General Law) আইন বিধান এবং ১৯৫৮ সনের ফৌজদারী আ......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3

Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)

....iation of law and 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) 28. ......iation of law and 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) 28. ......iation of law and 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) 28. ......iation of law and 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) 28. ..

Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33

SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)

....he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ..

Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12

Proshanta Kumar Sarkar Vs. Managing Director, Agrani Bank Ltd Head Office and others, 2013, 42 CLC (HCD)

....vision (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Mahmudul Hoque J Proshanta Kumar Sarkar....................Petitioner Vs. Managing Director, Agrani Bank Ltd Head Office and others..........Respondents Judgment ......costs. The order of stay granted earlier is vacated. Communicate a copy of the judgment to the bank concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 50. ......costs. The order of stay granted earlier is vacated. Communicate a copy of the judgment to the bank concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 50. ......costs. The order of stay granted earlier is vacated. Communicate a copy of the judgment to the bank concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 50. ..

Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8

Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

.... Aga Khan, [1993] 1 WLR 909; Rv. Lloyd s of London, ex parte Briggs, [1993] 1 Lloyd's Rep 176; Poplar Housing Association Vs. Donohue, (2001) I EWCA Cir 595 and (2002) QB 48; Jeewan Mohit Vs. The Director of Public Prosecutions of Mauritius, (2006) UKPC 20. Lawyers Involved: Rehan Husa......o be satisfied before the determination can have any effect on such legal rights or liabilities. That subsequent condition may be a later determination by another tribunal (see R Postmaster General. Ex p. Carmichael [1928] I KB 291), Rv Boycott. Ex p. Keasley ([1939J2 All ER 626. [1939J2 K......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ..

Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2

Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)

....ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ..

Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5

AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)

....thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......ab Hossain, Advocate-on-Record—For the Appellants. Shamim Khaled, Advocate, instructed by Firoz Shah, Advocate-on-Record—For Respondent Nos.1-5. SM Moniruzzaman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record—Respondent No. 5. Civil Appeal No. ......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ..

Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28

Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)

....evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......nterim order of status quo. 6. Mr. AJ Mohammad All with Mr. Rowshan Alum Khan, the learned Advocates appeared on behalf of the petitioner while Mr. Sukumar Biswas, the learned Assistant Attorney-General and Mr. Probir Neogi the learned Advocate appeared on behalf of the opposite party Nos. 1, 2......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ..

Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3

Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)

....e been heard together and are disposed of by this common judgment. 2. Both the leave petitions have been filed by writ-respondent No.4, Bakhhrabad Gas System Limited, represented by its Managing Director, against the judgment and order dated 21-11-2011 passed by a Division Bench of the High Cou......appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ......appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ......appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ..

Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12

Commissioner of Customs, Excise and VAT Commissioner of Customs, Excise and VAT Vs. Appollo Steel Mills Ltd and others, 2013, 42 CLC (AD)

....no reason and logic, he could just sit over the matter. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 143 ......nd, for no reason and logic, he could just sit over the matter………………………(15) Lawyers Involved: SM Moniruzzaman, Deputy Attorney-General instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Mahmudul Isla......no reason and logic, he could just sit over the matter. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 143 ......no reason and logic, he could just sit over the matter. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 143 ..

Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9

State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)

....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......286 and Md. Abdul Hamid Mollah Vs. Ali Mollah, 13 BLD (AD) 127 = 44 DLR (AD) 223; Md. Iqbal Vs. State of Jharkhand, AIR 2013 SC 307. Lawyers Involved: Momtazuddin Fakir, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record—For the Appellant. None Represented......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ..

Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7

Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)

....allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......ls are allowed. Case Referred to- Saifur Rahman Vs. Bangladesh through the Secretary, Ministry of Agriculture, (1989) 41 DLR 538. Lawyers Involved: Md.Shohrowardi, Deputy Attorney-General, Instructed by Md. Ferozur Rahman, Advocate-on-Record—For the Appellant. (In all the a......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ..

Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3

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