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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. ......ereinbefore contained", that is to say, the aforesaid section will prevail over section 537…………………………(7) No defect or irregularity in the form of the charge will affect a decision unless failure of justice has been caused……………………………(6) The Co..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
.... all necessary. 17. 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) 230 ......asis of evidence on record and a criminal proceeding on account of cheating may well be maintainable even if the provisions of the Negotiable instruments Act are not applicable. There is settled decision of the apex Court in this respect. But when the original CR Case had already been disposed ..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....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. ......side(s). This Division in unequivocal language held that though section 115 of the Code does not speak about service of notice on the opposite party, the revisional Court cannot interfere with the decision of the Court below without giving to the other side(s) an opportunity of being heard. It h..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
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: ......le being No.30 (Ref:) /2011 is disposed of. When two appeals are filed against the same judgment the ends of justice 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 autho..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)
....Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ......e the Respondent No.1 Tribunal which was dismissed oh 8-12-2003 affirming the order of respondent No.2 (Annexure-H). It is at this stage the petitioner mainly on the ground of coram non judice of the decision passed by the respondent No.2 (Annexure-F) being violative of section 26 of the VAT Act mov..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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 ......ry, Ministry of Finance Government of Bangladesh has been made a party in the instant petition as a cunning device only to attract Article 102 of the constitution. He placed reliance in an unreported decision of Haji MA Raz-zaque Vs. Bangladesh Bank passed in Writ Petition No. 9231 of 2010 to suppor..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ...... confirmed by the High Court Division, the learned Advocate appearing on behalf of the petitioner begs mercy of this Court and prays for commutation of the sentence of death. 16. In reaching its decision, the High Court Division relied upon a number of decisions of this Division as well as the ..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... 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. ......ce but if the government decides to cadre them in the cadre, their seniority is to be fixed by following BCS Seniority Rules, 1983. The government i.e. the contemnors have to be given a specific decision in respect of fixing seniority of the non-cadre family planning officers appointed aft..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....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. ......ssued the allotment letter and executed lease agreement. That the accused-petitioner changed the resolution of the Meeting dated 10-8-2000 taken by the Housing Allotment Committee and manipulated the decision of the Committee by inserting the decision of allotting the plot to Moklesur Rahman. Two me..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......ding or non-reading of the material evidence by the appellate Court occasioning failure of justice and, as such, affirmed the judgment of the appellate Court. 14. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of laws and facts d..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ...... (4) The governing body against whom an order of dissolution and reconstitution is made under sub-section (3) may appeal to the Government, within thirty days from the date of such order, and the decision of the Government shall be final and shall not be called in question in any Court.” ..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
.... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ......lready been decided for which both the Rules have become infructuous. 8. In the result, both the Rules are disposed of. The respondents would be at liberty to encash the Bank Guarantee after the decision of the Review Committee, subject to relevant provisions of law. This order should be s..Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2
Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)
....defend the suit (by filing written statement, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179 ......es Mr. Foyej Ahmed along with Mr. Mohammad Mohid Uddin, appearing for the plaintiff, on the other hand, submits that the case reported in 2005 BCR 133 is liable to be distinguished in as much as that decision was passed under Writ Jurisdiction and the observation referred to by the learned Advocate ..Category: Administrative Law | Date: 28 Nov, 2012 | Hits: 5
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ...... the University of Dhaka approved the said recommendations in its meeting dated 3-6-2000 and extended the registration of the College subject to the fulfillment of the said 13 conditions. 6. The decision of the University Syndicate was communicated by the Inspector of Colleges, University of Dh..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......o make his submission in the light of the leave granting order. 13. During the hearing of the appeals on behalf of the respondent in both appeals, an additional paper book was filed annexing the decision of the Board of Governors of the BPATC in its 57th meeting. Mr. Abdur Rab Chowdury, learned..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......nother…......Respondents Judgment November 28, 2012. Result: The appeal is allowed. Words and Phrases Review By preferring a review, an erroneous decision can not be re-heard and corrected. A review lies where an error apparent on the face of the..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....gislation. 33. Common Law Judges of outstanding caliber and wisdom evolved several cannons of interpretation, which should be resorted to in discovering the presumed intention of the authors of legislative instruments. One of such cannons dictate that if the legislation (or the secondary legis......ible trial would revolve, fall or stand, it is a well settled principle of criminal Jurisprudence that no trial should be allowed to proceed if the FIR itself declares no crime. 45. Following a decision by the Privy Council in the case of Khawja Nazir Ahmed Vs. Emperor 1945 DLR, PC 18, there h..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ceeding is unwarranted 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) 41 ......gladesh whereas section 6 of the Criminal Law Amendment Act remains silent as to such sanction of the Government. 3. In the aforesaid backdrop of the case and to arrive at a conclusive decision with regard to the questions mentioned above, I am of the opinion that a thorough scrutiny ..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......f Criminal Procedure was recorded on 08.05.2004. The occurrence took place on 16.05.2003 and therefore the accused was aged only 24 years at the time of occurrence. In this regard we may refer to the decision reported in 13 DLR 203 in the case of State Vs. Tasiruddin. That case was one where the dea..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145