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Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....rably on the next day or in the alternative to hear and dispose of the miscellaneous appeal itself within the time given. 7. In view of the submissions of the learned Counsel of the respective party and the nature of the impugned order, the only question to be decided in this leave petition ......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
Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)
....uction and obligation. The exercise of power of making Rules is referable to a power, which confers validity upon it. The Rules framed under a power conferred by a section of an Act should be read as part of that section and not as an additional section to that Act. In construing 'Rules'......ry requirement of law for taking cognizance of offences punishable under the Act and the investigating officer is required to accord prior sanction of the Commission after completion of the investigation and submit the same together with the copy of the sanction letter given by the Commiss..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)
....urk Avenue, Banani, Dhaka, represented by its Vice President Md. Billal Hossain……....Assessee-Applicant. Vs. The Commissioner of Taxes, Companies Circle-18, Taxes Zone-6, Dhaka…..Opposite party Judgment January 3, 2013. Result: Both the I.T. References succeeds. The conne...... 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
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....spute among the share holders as per provision of the Arbitration Act, 1991 and therefore, the petition is barred under section 7 of the Arbitration Act. 3. The Company Court upon hearing the parties by the impugned order allowed the application and rejected the petition filed by the petiti......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
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
....oms, Excise and VAT Commissionerate, Dhaka (North), which is absolutely in keeping with section 26 of the VAT Act prevailing at that time. On that score in cannot be said that there was a slightest departure even if of section 26 then read together with section 48 of the Act. The decision referred t......ও প্রদান করা যাইতে পারে”। 10. In the decision referred to above, as it could be found that respondent No.2 Joint Director, Customs intelligence and investigation entered into the offices and factory promises which their Lordships decided to be viol..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....ording of evidence, the accused was examined under section 342 of the Code of Criminal Procedure. He repeated his innocence. 8. The Bicharok of the Druto Bichar Tribunal, Dhaka after hearing the parties and upon consideration of the evidence and materials on record convicted the accused un......accused under section 302 of the Penal Code. Accordingly, Uttara PS Case No.25 dated 12-4-2002 corresponding to GR No.725/2002 was started. 3. The Investigating Officer took up the case for investigation. He visited the place of occurrence, prepared the sketch map with separate index, prep..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
..... 2. Md. Shahjahan and Mohammad Shafiqur Rahman, who claimed as the beneficiaries of judgment and order dated 8-12-2009 passed in Writ Petition No. 3968 of 2002, were added as contemnor-opposite party Nos. 6 and 7 to the contempt petition by order of this Division dated 24-1-2012. 3. ...... 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
....e judgment and order dated the 19th day of February, 2009 passed by the High Court Division in First Appeal (FA) No.42 of 2006)
Judgment
Md. A Wahhab Miah J. - In these two leave petitions, parties being the same and common question of law being involved, they have been heard together and ......hey were duly cross-examined by the defendants. At this stage of the suit, defendant No.8 on 7-7-1997 filed an application under Order XXVI, rule 9 of the Code of Civil Procedure (the Code) for local investigation in the term mentioned in the application. The plaintiffs opposed the prayer by filing ..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
.... Case No.13969 of 2009. Judgment Khondker Musa Khaled J. - On an application under section 561A of the of the Code of Criminal Procedure, this Rule was issued calling upon the opposite-party to show cause as to why the proceedings of the DAG GR No.13 2002 arising out of Khulshi Police......nal case by invoking section 561A of the Code of Criminal Procedure does not arise at all……..... (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 ..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
....inal Miscellaneous Case No. 25239 of 2012. Judgment M Enayetur Rahim J.- This Rule on an application under Section 526 of the Code of Criminal Procedure was issued calling upon the opposite-party to show cause as to why the Sessions Case No.414 of 2005 arising out of Tejgaon Police Station...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....ice order of the Ministry of Health and Family Welfare vide Memo No.Jana Sastha-1/Homeo-4/93/28 dated 25-1-1999. After completion of necessary formalities these 7 (seven) petitioners were selected as part-time teachers of the said college provisionally without pay. The order of appointment of the wr......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. ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....of the petitioners appeared at serial No.211 and 157 respectively. Charge was framed against the respective petitioner on 18-9-1997 by the Director, Administration alleging, inter alia, that they had participated in "indisciplinary and subversive acts" on the 12th to the 14th days of Augus......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. ..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....mount……………………………….(25) Legal profession is not a trade or business. Members belonging to the profession have a particular duty to uphold the integrity of the profession and not to indulge in corruption in order ...... 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. ..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....o.42595 of 2012. Judgment AHM Shamsuddin Choudhury J. -The Rule under adjudication, issued on 17.10.2012 was in following terms: “Let a Rule be issued calling upon the opposite party to show cause as to why the proceedings of Ramna Police Station Case No. 22 dated 10.07.2008 c......wealth of the petitioner revealed that she spent Tk. 300,000 for the construction of a house in her village home, i.e. Village-Chandrapara, Sub-District-Nagar Kanda, District-Faridpur, and that after investigation the ACC found out that actually Tk.12, 01,287 was spent for the said construction, and..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
.... Awal J Md. Faruque J Giasuddin-al-Mamun.............................Accused-petitioner Vs. State and another…………….....................Opposite-parties Judgment November 27, 2012. Result: The application is summarily rejecte......GR Case No. 83 of 2009 in the Court of learned Metropolitan Magistrate, Dhaka. 9. The Assistant Director, Special Enquiry and Investigation, Anti-Corruption Commission, Dhaka after completion of investigation submitted charge-sheet No. 48 dated 5-7-2010 under sections 2 (ট)(আ)(ই..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ......mara Police Station Case No.7 dated 14-7-2007 under sections 302/109/34 of the Penal Code was started against the FIR named accused Jony. Police arrested the said FIR named accused Jony and during investigation, he made a confessional statement before the Magistrate First Class on 15-7-2007 unde..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....round. The occurrence took place in presence of Milon Mia, Shahadat Hossain and Husna Begum. Victim Rokeya Begum was rushed to Chandiber Hospital by Ahid Miah and Nadir. The Doctor at the Emergency Department declared her dead. The persons present ran and caught theaccused with the blood stained swo...... of the Penal Code against the condemned petitioner. Accordingly, Bhairab Thana Case No. 20(5) 2003 corresponding to G.R. No.260 (2)03 was started. 3. The Investigating Officer in the course of investigation visited the place of occurrence, prepared the sketch map with index, prepared inquest ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....the writ petition and filed an affidavit-in-opposition in order to contest the Rule contending, inter alia, that the statements made by the petitioners about the English version of question No.34 was partly true and, regarding question No.15, it was stated that the omission of the words "sun li...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ..Category: Others | Date: 22 Nov, 2012 | Hits: 20
MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
.... Result: The application is rejected. Norms and practice It is the norms and practice of the Court that to hear a matter before a Vacation Bench the learned Advocates of the respective parties should be intimated before such hearing and the Court has to be satisfied that before such h......08, corresponding to GR No.18 of 2008 under Sections 420/465/467/468/471/109 of the Penal Code has been started against the present petitioner and 13 others. While the said case was under investigation the present petitioner by filing an application under section 561A of the Code of Crim..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....tary, the same alone is sufficient for convicting the confessing accused and retraction of confession is immaterial, once it is found to be true and voluntary. ............ (61) Overt act on the part of each accused In order to support a conviction under section 34 of the Penal Code, mere......by the condemned-prisonere came to light. 4. The Investigating Officer of the case is the informant himself, that is to say, Sub-Inspector Md. Mainul Isalm of Savar Police Station, Dhaka. During investigation, he made a sketch-map of the 1st place of occurrence (spot at Solia Mouza) along with ..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
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