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Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......de absolute. Cases Referred to- Mohammad Ali Vs. State and another, 64 DLR426, Arif-uz-Zaman (Md.) Vs. State, 17 BLC (AD) 167 Lawyers Involved: Md. Abdul Quadir Talukder, Advocate-for the petitioner. ASM Fazle Rabbi Khan, Assistant Attorney General-for opposite party 1. ......dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ...... January 21, 2014. Result: Both the Rules are made absolute. Cases Referred to- Mohammad Ali Vs. State and another, 64 DLR426, Arif-uz-Zaman (Md.) Vs. State, 17 BLC (AD) 167 Lawyers Involved: Md. Abdul Quadir Talukder, Advocate-for the petitioner. ASM Fazle Rabbi ..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....er appreciation 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) 157. ......p;….Petitioner Vs. Md. Nazrul Islam and others………………….Respondents Judgment January 20, 2014. Result: The petition for leave to appeal is dismissed. A pre-emptor must not only have a subsisting interest in......er appreciation 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) 157. ......isposal………………(15) Cases Referred to- Chandra Kumar Maladas Vs. Abdul Motaleb, 19 DLR (SC) 36; Md. Mofizuddin Vs. Abdul Hakim, 33 DLR (AD) 305. Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Md...Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
.... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ......ion or entertain any application by a person Fugitive from Justice An accuse person who avoids the process of any court is a fugitive from justice and can not seek justice without surrendering before a court of law. A man who seeks justice from the Court of law must come before the Court t...... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ...... right of audience against the process of the Court issued against him.………. (7 & 8) Case Referred to- Anti-Corruption Commission Vs. Mahmud Hossain, 61 DLR 17. Lawyers Involved: Md. Sohrawardi, Deputy Attorney-General, instructed by Mvi Md Wahidullah..Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
....he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ......2001 passed by a Division Bench of the High Court Division in Reference Application No.43 of 1997 rejecting the reference. 2. The facts of the case, in brief, are that the appellant filed return for the assessment year 1991-92 showing gross profit at the rate of 11.77%. Notice was served upon h......he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ......014. Result: The appeal is dismissed. Cases Referred to- Commissioner of Income Tax A-Range, Chittagong Vs. Harendra Kumar Shil, 34 DLR (AD) 298. Lawyers Involved: Rafique-ul-Huq, Senior Advocate instructed by Md.Wahidullah, Advocate-on-Reco..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ......e defendant, directed against judgment and decree dated 25-9-2011 passed by the learned Joint District Judge, 1st Court, Dhaka decreeing Title Suit No. 6726 of 2008. 2. Plaintiff instituted the aforesaid suit praying for decree as: (a) for a decree of Taka 6,90,13,116.90 (six crore ninety ......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ...... and Co. Vs. Hindustan Petroleum Corporation Limited, AIR 1987 (Guj) 19 Jamuna Oil Company Limited Vs. S.K. Dey, 44 DLR (AD) 104 Rex Vs. Sussex Justice Ex-parte Meeonly, 1924 QB 256 at page 259. Lawyers Involved: Asaduzzaman, Advocate— For the Appellant Raghib Rouf Chowdhury&nbs..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
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. ......and order dated 17-9-2013 passed by the Appellate Division in Criminal Appeal Nos.24-25 of 2013) Judgment Surendra Kumar Sinha J. - These petitions under Article 105 of the Constitution are for review of the judgments of this Division in Criminal Appeal Nos.24 and 25 of 2013. The former ap...... 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. ......62; Modern India Caterers Vs. Lieutenant Governor, 1980 SC 674; GL Gupta Vs. DN Mehta, AIR 1971 SC 2162; Ram Narain Vs. State of UP, 1970 (3) SCC 493; Madho Ram Vs. State of UP, AIR 1973 SC 467. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate (with Abdur Razzaq, Senior Advocate,..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. ......ppropriated Taka 77,978.25 paisa within that period. On this allegation the local Anti-Corruption Bureau inquired into the matter and verifying the correctness of misappropriation lodged First Information Report at Kushtia Police Station and they took up the investigation. 3. After investi...... 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. ...... BLD (1997) 223 = 3 BLC 474; Md. Nizamuddin Dali Vs. State, 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..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: ......njoys the presumption of innocence and an accused acquitted on trial acquires an added advantage of proven innocence………………………………………(8) Lawyers Involved: No one appears for the petitioner. Abu Saleh Md. Fazle Rabbi Khan, Assistant Attorney General-for the State. Crim...... 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: ...... treatment. Generally an accused enjoys the presumption of innocence and an accused acquitted on trial acquires an added advantage of proven innocence………………………………………(8) Lawyers Involved: No one appears for the petitioner. Abu Saleh Md. Fazle Rabbi Khan, Assistant Att..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)
....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 made absolute. Artha Rin Adalat can only be constituted by Joint District Judge alone. According to section 4, sub-section 7 of the the Artha Rin Adalat Ain, 2003, due to illness or for any other reason or the Court is in vacation, the Artha Rin Adalat cannot function with its regu......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. ...... যুগ্ম-জেলা জজের আদালত এই আইনের অধীন অর্থঋণ আদালত হিসাবে গন্য হইবে।............(9) Lawyers Involved: Md. Harunur Rashid, Advocate—For the Petitioner. SM Moniruzzaman, ..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: ......% upon the said College against item No.S070 (Annexure-B). 6. Pursuant thereto the respondent No.6 issued notice on 15.07.2007 upon the respondent No.7 vide Nothi No.4/MUSAK(25)Ma:Ka:/07/3416 for registration under the VAT Act and for realization of VAT @ 4.5% giving effect from 01.07.2007(......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: ......n (Noni)………………………Petitioner Vs. Government of Bangladesh and others……Respondents Judgment November 20, 2013. Result: The Rule is discharged. Lawyers Involved Abdus Satter Babul, Advocate-For the petitioner. Ms. Amatul Karim, Deput..Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24
....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
......Law Act (XLII of 2006) Sections 202(21) & Sections 317(4)
Power Invested to Labour Court—
There is a Distinction between the Election of a Collective Bargaining Agent and Election for the Office Bearers of a Trade Union—
Labour Court has not been invested with any powe......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
......Petitioners
Vs.
Chairman, First Labour Court, Dhaka and others..........Respondents
Judgment
November 18, 2013.
Result:
The Rule is made absolute.
Bangladesh Labour Law Act (XLII of 2006) Sections 202(21) & Sections 317(4)
Power Invested to Labour Court&md..
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. ......—For the Petitioners. Munir Sharif, Advocate, instructed by Aftab Hossain, Advocate-on-Record—For Respondent No.3. None represented—Respondent Nos.1-2. Civil Petition for Leave to Appeal No.2228 of 2011. (From the judgment and order dated 21-7-2011 passed by the......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. ......rvation. Cases Referred to- MA Hye Vs. Trading Corporation of Bangladesh, 40 DLR (AD) 206; Ganyson Ltd. Vs. Sonali Bank, 37 DLR (AD) 42; AFM Naziruddin Vs. Hameeda Banu,45 DLR (AD) 38. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Chowdhury Md. Zahangir, A..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 ...... Result: No answers to questions (b) and (c). The appeals are remanded to the Tribunal to decide part of question (a) in the light of observations made in the judgment. Questions formulated for determination: (a) Whether on the facts and circumstances of the case, the learn......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 ...... (c) Whether the Inspector's report dated 12-2-2002, can be the basis of the assessment without affording any opportunity to the applicant for rebuttal and controverting the said report? Lawyers Involved: Mustafa Kamal Mansoor, Advocate—For the Applicant Md. Abu Amzad, D..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....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 ......heel PS Case No. 65(1)91 corresponding to DAB GR No. 12 of 1991, convicting the appellant under section 5(2) of the Prevention of Corruption Act, 1947 and sentencing him to suffer simple imprisonment for 3(three) years and also to pay a fine of Taka 6,00,000, in default to suffer SI for 6(six) month......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 ......d. Cases Referred to- Hasanuddin Sarker Vs. State, 34 DLR 287; Kazi Ahammad Bazlul Karim Vs. State, 11 BLC 60; Abdul Bari Vs. State, 3 BLC 474; Habibur Rahman Mollah Vs. State, 61 DLR. Lawyers Involved: Khandhar Mahbub Hossain with Md. Shah Alam, Advocates—For the Appellant..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. ......Record—For the Petitioner. Mahmudul Islam, Senior Advocate and Aminul Hoque, Senior Advocate, instructed by Md. Nawab Ali, Advocate-On-Record—For Respondent No.1. Civil Petition for Leave to Appeal No.288 of 2012. (From the judgment and order dated 12.12.2011 passed by the......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. ...... Md. Habibullah Dawn & others ………………….Respondents Judgment October 10, 2013 Result: The civil petition is dismissed. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, AJ Mohammad Ali, Senior Advocate and Qu..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. ......8 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "Act") to a case in which a person issuing a cheque stopped its payment by issuing instruction to the drawee bank before payment. 2. In Criminal Appeal No.30 of 2004, the complainant-appellant SM Redwan challeng......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. ......962) SCC 739; Modi Cements Ltd. (1998) 3 SCC 249 Vs. Kuchil Kumer Nandi; MMTC Ltd. Vs. Medical Chemicals and Pharma (P) Ltd. (2002) 1 SCC 234; KK Sidharthan TP Praveena Chandran (1996) 6 SCC 69. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Appellant. (In both the cases..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....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.
......one behind the back of the petitioner keeping him in the dark with a hope that no auction will be held. In ordinary prudence, in the event of selling any property of a borrower a bank ought to have inform such borrower about the quotation received from the intended buyer, there by, giving a reasonab......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.
...... steps to protect their properties as necessary during such process.......(18)
Case Referred to-
67 DLR (2015) Proshanta Kumar Vs. A Banesa Bibi, Senior Vice-President, 63 DLR (AD) 160
Lawyers Involved:
ATM Fazle Rabbi, and Md. Jiaur Rahman, Advocate —For the Petitioner.
..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....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 ......o play in relation to the infringement of any fundamental right guaranteed under Part III of the Constitution. Article 102(2) presupposes the availability of the various writs that may be appealed to for reviewing actions and operations in the public domain. When issues of fundamental rights ar......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 ......, [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 Husain, and Asma Akhter, Advocates—For the Petitioner. Md. I..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. ......idullah, Advocate-on-Record—For the Petitioner. Zainul Abedin, Advocate-on-Record—For Respondent Nos.2-4. None represented—For Respondent No.1. Criminal Petition for Leave to Appeal No.563 of 2012. (From the judgment and order dated the 21st day of May, 201......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. ......lip;………………..Respondents Judgment October 3, 2013. Result: The leave petition is dismissed. Lawyers Involved: Mvi Md. Wahidullah, Advocate-on-Record—For the Petitioner. Zainul ..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. ...... 3, 2013. Result: The appeal is allowed. Cases Referred to- Mersy Insurance Company Vs. Hamilton, Fraser and Company [(1987) 12 App Cas 448,419]; Tillmanns and Company Vs. SS Knutsford Co.(1908) 2 KB 358; Dr. Ahmed Husain Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dh......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. ......usain Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others, 50 DLR 115; Ajoy Gandi Vs. B Singh AIR 2004 Supreme Court 1391; SB Bhattacharjee Vs. HD Majumdar AIR 2007 SC 2102. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neogi, Advocate with him), instructed..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
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