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ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....8 LG(2011)AD 153 = 64 DLR(AD)14, the Appellate Division has categorically observed while deposing the issue as to invoking writ jurisdiction for challenging criminal proceedings; the relevant portion is quoted herein below— "The exercise of ex......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 ......Division (Special Original Jurisdiction) Present: Farah Mahbub J AKM Zahirul Islam J ABM Mohiuddin Chowdhury.............Petitioner Vs. Anti-Corruption Commission and others...............Respondents Judgment ......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
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....r of adjudication of all these writ petitions are identical in nature we are going to write single judgment which will govern all these writ petitions referred to above. 3. The facts, relevant for disposal of the Rule is that the petitioner along with another were implicated in Motij......e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ...... in: 65 DLR (HCD) (2013) 181 ......e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ......rder along with the order passed by the learned trial Court i.e. the learned Joint District Judge, 1st Court, Dhaka dated 19-7-2009 in Title Suit No. 323 of 1999. 11. On perusal of the connected papers it transpires that the defendant No. 2 during pendency of the original suit under the am...... of 1999 is illegal. 2. The facts leading to the issuance to the leave in a nutshell; can be stated thus, the plaintiff-petitioner filed the original Title suit alleging that the plaintiff as a landlord on the basis of a written agreement dated 14th June, 1993 entered into a settlement with the...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
...., unreasonable or in gross abuse of power or in violation of the principles of natural justice and not taken in public interest. (vi) The statement or practice must be shown to be applicable and relevant to the case in hand. Thus where an offer of an interview had been made in 1986, but action ...... oral hearing gave rise to a legitimate expectation of a hearing, the court said that the question was whether the official in question had acted unfairly and in the circumstances the decision on the papers was held fair. Even if a case of legitimate expectation is made out, the decision or act...... The appeal is dismissed. Legitimate expectation The root of the principle of legitimate expectation is constitutional principle of rule of law which requires regularity, predictability and certainty in Government's dealing with the public…………&helli......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. ..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....ard along with Criminal Appeal No.839 of 1996 rejecting the death reference and dismissing the criminal appeal with the modification of sentence of death to that of imprisonment for life. 2. The relevant facts are as follows: 3. The father of the informant (P.W.1) was residing as tenant in......inous crimes. 13. We have considered the submissions of the learned Additional Attorney-General for the appellant and perused the impugned judgment of the High Court Division and other connected papers on record. 14. We note from the judgment of the High Court Division that the confessiona......hellip;………….Respondent Judgment March 5, 2013. Result: The appeal is dismissed. Condemned-prisoner spent about 4 years in the condemned cell, and 13 years have elapsed since the judgment of the High Court Division, which commuted her sentence......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. ..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
.... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......igh Court Division. We have considered the submissions of the learned Advocate-on-Record for the parties concerned and perused the impugned judgment of the High Court Division and other connected papers on record. 8. We note from the impugned judgment and order of the High Court ......; Muhammad Imman Ali J Md. Mostafa…………………………………………..Petitioner Vs. Nrayangonj District Council, District: Narayangonj and others………….Respondents Judgment March 1, 2013. Result: The petition is dismi...... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
.... all the applications under section 561A and have challenged the same proceeding, all the applications were heard together and by a single judgment these 4 Rules were disposed of. 8. Short facts relevant for the purpose of disposal of the Rule, in brief, are that one Mir Md. Joynul Abedin Shibl......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: ......p;………..Opposite party Judgment February 14, 2013. Cases Referred to- Abdul Quader Chowdhury Vs. The State, 28 DLR (AD) (1976) 38; Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) (1997) 44; Alauddin and others Vs. The State 4 BLD (HCD) 75. Result: ......lion, equivalent to Tk. 447.00 crore and an agreement was signed on 11.03.1998. Daewoo Corporation was not a pre-qualified bidder because its bid did not contain 28 equipments mentioned in the tender documents. It was purchased despite not being qualified to consider as a Frigate for lack of equipme..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....mari PS case No.08 dated 15-2-2007 under section 420/406/109 of the Penal Code now pending in the Court of Additional Chief Judicial Magistrate, Faridpur should not be quashed. 2. The facts relevant for the disposal of the Rule, in short, are that on 15-2-2007 one SI Mozi-bor Rahman, Sub-I......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 ......lip;(10) Cases Referred to- Habibur Rahman Mollah (Ex-Member of parliament) Vs. State, 62 DLR (AD) 233; Md. Musa Vs. Kabir Ahmed, 9 BLD (AD) 118 = 41 DLR (AD) 151; Md. Islam Vs. Amal Chandra Mondal, 13 BLD (AD) 28 = 45 DLR (AD) 27. Lawyers Involved: AKM Shamsul Huq, Advocate......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 ..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ...... Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Amir Hossain Sowdagar................................Appellant Vs. Md. Harunur Rashid and others......................Respondents Judgment February 20, 2013. Result: ......ent for nonpayment of the balance consideration within six months. The defendant is under obligation to handover the vacant possession of the house except the shop and to deliver collateral documents of title and then to arrange for the execution of the tripartite deed with HBFC and the pl..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....ng the admissibility of the documents produced at this stage as additional evidence the learned counsels referred another decision reported in 50 DLR (AD) 17. 12. Scrutinizing the relevant laws along with the decisions referred to above I have every reason to incline such a view ......arjan Vs. Mst. Nazmunnessa reported in 1969 PLD 118. The learned Trial Court after thorough assessment of evidence and appreciation of law and on careful consideration of the facts, circumstances and papers on record decreed the suit, but the lower Appellant Court without reversing the findings of t......his Case is also Reported in: 18 BLC (HCD) (2013) 386. ......f remand cannot be entertained. The learned Counsels relied upon the following decisions of our Apex Court reported in 54 DLR (AD) 74 and 41 DLR (AD) 124. Regarding the admissibility of the documents produced at this stage as additional evidence the learned counsels referred anot..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ......titioner as elected Mayor of Cox's Bazar Pourashava should be declared without lawful authority and is of no legal effect. 4. The learned Advocate for the petitioner having produced the papers annexed with the writ petition made an attempt to substantiate his submission before thi......rt Division (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Mohammad Ullah J AKM Mahtabul Islam .......................Petitioner Vs. Bangladesh and others ....................Respondents Judgment January 30, 2013. Result: Th......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
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: ...... Brazil origin white sugar covered by bills of entry Nos.C-176847, C-176841, C-176862, C-176834, C-176828 all dated 26.07.2004 in accordance with the Customs Valuation Rules considering the documents/papers produced with the bills of entry and to return the bank guarantee if the amount becomes due a......al Jurisdiction) Present: Shamim Hasnain J Md. Ruhul Quddus J Mohammad Elias ..................................................Petitioner Vs. The Commissioner of Customs, Chittagong and others .............Respondents Judgment January 28, 2013. Result: The Rule is dispo......tances the High Court Division ignored the point of maintainability and directed the Customs authority to assess the goods finally in accordance with the Customs Valuation Rules, 2000 considering the documents of the petitioner and to return the bank guarantee, if the amount was due after such final..Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
....ay seem fit and proper. 2. It stands out from the record of the case that at the time of issuance of the Rule all further proceedings of the impugned proceedings were stayed. 3. Facts relevant to disposal of the Rule may be, briefly, stated as follows:— On 19-8-1998, one A...... a prima-facie against the accused-petitioner wrote a letter to the Government seeking previous sanction to prosecute the accused-petitioner under section 4(2) of the Act; on perusal of the necessary papers and materials on record, the Government being satisfied accorded sanction letter being Memo N......s Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Abdullah-al-Noman……………...............Petitioner Vs. State and another..........................Opposite-Parties Judgment January 24, 2013. Resu...... 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 ..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....pass such other order or orders as to this Court may seem fit and proper. 2. At the 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, Dur......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. ...... (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Mohidul Islam (Ripon)(Md.)....................Petitioner Vs. State and another……………………………O......, the Investigating Officer has shown assets on wrong calculation in the charge-sheet, and that the value of the paternal properties was shown excessive. By filing a supplementary affidavit with some documents, the learned Advocate for the accused-petitioner has tried to impress upon us that the Pri..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
.... No. VII of 2007 and Ordinance No. VIII of 2007 made by the President during the period of the then Non-party care-taker Government in 2007 having not been approved by the parliament according to the relevant provision of the constitution, can it be considered as a law any more under the Money Laund......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. ......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: M Enayetur Rahim J Giasuddin-al-Mamun ....................Accused-petitioner Vs. State and another……………...........Opposite-parties Judgment Ja......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. ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....nt writ petition is not maintainable for not exhausting the alternative remedy provided in law. 7. We have considered the submissions of the learned Advocates of both the sides and consulted the relevant law. Section 33 (3) of The Bangladesh Labour Act, 2006contemplates filing of complaint befo......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: ......vision (Special Original Jurisdiction) Present: Shamim Hasnain J Md. Ruhul Quddus J Md. Sadek Ali……………………….....Petitioner Vs. Government of Bangladesh and others…...Respondents Judgment January 13, 2013. Result: The Rule is dispo......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: ..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....n to grant or refuse to issue passport if there is any criminal case pending against him. 6. In order to sit in judgment the matter we have gone through the Writ Petition, perused the annexures, relevant law and materials on record. 7. It is come into sight from the submission of the learn......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 ......dique J ABM Altaf Hossain J Mir Sharafat Ali………………………………Petitioner Vs. Govemment of Bangladesh and others…………Respondents Judgment January 10, 2013. Resu......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 ..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 ...... in the Court of Chief Metropolitan Magistrate, Chittagong so far it relates to the accused-petitioner Md. ShafiquI Alam, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. At the time issuance of the Rule, all further proceedings of the above mentioned...... case that the dispute ought to have been examined at the time of framing charge. As such, the Appellate Division has taken the view that as the allegations with regard to the forgery of the disputed documents are yet to be decided at the time of trial and for considering contention of the peti..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
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 ...... 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 ...... ......mplainant from seeking justice. 8. We have carefully gone through the grounds taken in the application under section 561A of the Code of Criminal Procedure, supplementary affidavits and the documents submitted by the parties. 9. It appears that on receipt of the petition of complaint,..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)
....ssessment year 2008-2009 showing an income of Tk. 7,03,60,824.00 and pursuant to the notice served under section 83(1) and 79 of the Income Tax Ordinance 1984, the Assesse-applicant submitted all the relevant documents supporting the accounts which was prepared and certified by the Chartered Account...... 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: ......s also Reported in: ......ified by Chartered Accountant, without finding any defect in the method of accounting regularly employed by the assessee and without expressing any reason or pin pointing the non-verifiability of any documents submitted by the assessee in support of the expenditure incurred by the assessee discarded..Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85
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