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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 ......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. ......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. ......it-petitioner No.11 to 76-80, 86-88 were directly appointed through competitive examination as caretakers in the said UBSDP on 11-6-2000 and 30-12-1998 respectively. Writ-respondent No.8, the Project Director of UBSDP by his letter dated 23rd March, 1998 informed that salaries of the caretakers of t......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. ......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)

....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: ...... 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 (hereinafter referred to as DGDP) from Naval Head Quarter. The ......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)

....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   ......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   ......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. ......on. The writ-petitioner as a director and shareholder of Bangladesh Commercial Bank Limited was looking for an opportunity to purchase more shares to strengthen his posi­tion in the Board of Directors of the said bank. Since this is a listed company, fee was not in a position to purchase fu......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.   ......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)

....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. ...... 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 Commission Act,....... 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

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: ......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)

.... 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 sanction of the Government shall be necessary for any prosecution under section 4 or section 5. Section 7. Administration of the Bureau—The administration of the Bureau shall vest in the Director-General of the Bangladesh Bureau of Anti-Corruption appoint­ed in this behalf by the Go......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)

....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.   ......e time issuance of the Rule, all fur­ther proceedings of the above mentioned case were stayed. 3. Facts relevant for the purpose of disposal of the rule are that Md. Motiur Rahman, Assistant Director, Durnity Daman Commission lodged FIR on 1-2-2009 stating that on preliminary inquiry into a......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.   ......h, 61 DLR 64714 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 Sar......, 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

Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....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: ......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: ......ition No.7903 of 2011. Judgment Md. Ruhul Quddus J.-This Rule nisi was issued calling in question the legality of an order as contained in MemoNo.CJM/LB/13(Ka) 68 dated 4.8.2011 issued by the General Manager, Crescent Jute Mills Ltd. terminating the writ petitioner from his service of a labo..

Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101

Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 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 ......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 ......es, 136; Herbert Aptheker Vs. Secretary of State, 12 L Ed 992. Lawyers Involved: AM Mahbub Uddin with Nazmul Huda, Advocates— For the Petitioner. Amatul Karim, Assistant Attorney-General Swarup. Kanti Dep A A. G—For the Respondents. Writ Petition No. 8689 of 2012..

Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2

Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)

....inst another accused 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: 65 DLR (HCD) (2013) 83 ......inst another accused 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: 65 DLR (HCD) (2013) 83 ...... Khizir Haider Vs. State, 13 MLR (AD) 157; Abdul Haque Vs. State, 60 DLR (AD) 1. Md. Khurshid Alam  Khan,  Advocate—For the Petitioner. Md. Jashim Uddin, Assistant Attorney-General—For the opposite-party (State) Criminal Miscellaneous Case No. 6875 of 2009. ..

Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4

Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)

....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. ......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. ...... 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 General Meeting (AGM) of the company was held on 29-7-2011, election for one vacant post of a direct..

Category: Company Law | Date: 9 Jan, 2013 | Hits: 13

Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)

.... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218.  ...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218.  ...... Abdur Razzaque Khan, Senior Advocate (with S.M. Shahjahan, Advocate), instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants.  Momtazuddin Fakir, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Respondent.  Criminal Appe..

Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10

Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)

.... 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: ...... 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: ...... (T&D) Limited Vs. The Commissioner of Taxes 53 DLR 209. Lawyers Involved: Tanjib-ul-Alam, Advocate With Ms. Tarana Afroze, Adocate-For the Assessee-applicant. Abu Amzad, Deputy Attorney General with Ms. Mahfuza Begum, Assistant Attorney General-For I.T. Department. Income Tax Refer..

Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85

Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)

....shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ......ion 233 of the Act. While allowing the application the Company Court directed the Jamuna Bank Limited "to encash the FDR as per request made, vide letter dated 27th December, 2011, by the Managing Director of the respondent No.1 company, and to adjust the loan (if not adjusted by this time in an......shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ..

Category: Company Law | Date: 12 Dec, 2012 | Hits: 30