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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: ......ber 21, 2013. Result: The Rule is discharged. In a criminal revision the scope of reassessment of evidence is narrower than that in an appeal. It is also difficult to interfere with a judgment and order of acquittal, unless there is non-consideration or misreading of evidence, or miscarriage of j..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)
.... office order No.742- Bichar-3/(IT,2/2001 dated 11-11-2007 issued under the signature of the Deputy Secretary (Administration), Judicial Section-3, Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh (Annexure-"B"). 3. The respondent No. 3 Mr. Sharif uddin Ahm......s with the Joint District Judge. Section 41 of Ain clearly says that the District Judge and the Additional District Judge are the appellate authority to dispose of the appeal against the judgment and order passed by the Joint District Judge in the capacity of Artha Rin Adalat Judge……&h..Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6
Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J AKM Zahirul Hoque J Md. Nuruzzaman (Noni)………………………Petitioner Vs. Government of Bangladesh and others……Respondents Judgment November 20, 2013. Re......f law there remains no cause of action requiring adjudication. Hence, it is liable to be discharged as being infructuous. In the result, the Rule is discharged as being infructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM ..Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24
....te relating to determination of collective bargaining agent;
Section-211 (5)(6)
Award on prohibition of strike or lockout as referred by the Government;
Section-21 3
Adjudication of ......-gaily proceeded for the election in question to be held on 15-10-2011.
3. Immediate after the initiation of the aforesaid BLA case on the same day first party-respondent also prayed for interim order purportedly under section 216(1) (chha) of the Act, 2006 restraining the second party-pet..
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)
....mentary Affidavit, the petitioners stated that they paid total Taka 22, 24,000 upto 2-11-2010 towards payment of loan payable to HBFC. 20. The auction took place in respect of 400 square feet of Government Plot No.8, Block-A, Avenue-2, Section-11, Mirpur Housing Estate, Police Station-Mirpur, D......ed 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 High Court Division in Writ Petition No.6385 of 2010). Judg..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 ...... for determination: (a) Whether on the facts and circumstances of the case, the learned Appellate Tribunal, Chittagong Division Bench, Chittagong was correct in law in confirming the appeal order in regard to assessments in case of deceased under section 84/93/92(1) of the Income Tax Ordin..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....convict-appellant requested the Chairman, BCIC to provide him with pay and allowance at the rate, he used to draw as Chairman of the same subject to adjustment till execution of his contract with the Government. It has been also alleged that the convict-appellant received Taka 2,89,130.61 towards pa...... Criminal Appeal No. 921 of 1992. Judgment Abu Bakar Siddiquee J.— This Criminal appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against the judgment and order of conviction and sentence dated 02-7-1992 passed by the learned Judge of the Special Tribunal..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
Zakir Hossain and another Vs. Md. Shahnewaz and others, 2013, 42 CLC (AD)
....s and facts do not warrant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ......petent even if a final decree is made before the appeal is presented. Nor is it necessary for a party aggrieved by a preliminary decree to appeal both from that decree and against the final decree in order to maintain this appeal against the preliminary decree……………..Category: Procedural Law | Date: 10 Oct, 2013 | Hits: 12
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. ......ocate 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 High Court Division in Civil Revision No.3873 of 2011). Ju..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. ......ent No.3. (In Criminal Appeal No.31 of 2004) None represented—Respondent Nos.1-2. (In Criminal Appeal No.31 of 2004) Criminal Appeal Nos.30 and 31 of 2004. (From the judgment and order dated 9-2-2003 passed by the High Court Division in Criminal Miscellaneous Case Nos.2788 of 20..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.
......nexure-"A'), and on the basis of the notice, if any, auction had taken places should not be declared illegal, without lawful authority and is of no legal effect, and/or such other or further order or orders passed as this Court may seem fit and proper.
2. Facts necessary for disposal o..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Moulana Abdul Hakim (Md.)...............Petitioner Vs. Government of Bangladesh and others..............Respondent Judgment October 3, 2013 ......nnexure-J) signed and issued by the Respondent No. 10 purporting to dismiss the petitioner should not be declared to be without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner who is a sup..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. ......l 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, 2012 passed by the High Court Division Criminal Revision No.348 of ..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....of the contract and the rates and prices stated in the priced bill of quantities, shall be deemed to cover all such taxes and such taxes any be recovered from the contractors bills in accordance with Government's directives or orders. We are of the view that the expressions used in clause 2.45 o...... Respondent Nos.1-5. SM Moniruzzaman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record—Respondent No. 5. Civil Appeal No. 326 of 2002. (From the judgment and order dated 6-11-2000 passed by the High Court Division in Writ Petition No.3426 of1999). Judgm..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....tual peace. Subsequently, Sree Sree Thagore Anukul Chandra leaving the Ashrom on 1st September, 1946 AD went to Deoghor of Bihar Province in India. He never returned back to Pabna and as a result the Government of the then East Pakistan acquired the entire land of Hemayetpur Ashrom and established a......te Party No. 3. Civil Revision No. 2484 of 2010. Judgment Soumendra Sarker J.— The Rule issued calling upon the opposite parties to show cause as to why the impugned judgment and order dated 29-4-2010 passed by the learned Special Judge, Pabna in Miscellaneous Appeal No.2 o..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)
....appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ......cted by Md. Taflque Hossain, Advocate-on-Record—For the Respondents. (In both cases) Civil Petition for Leave to Appeal No.1923 of 2012 with CP No.2051 of 2012. (From the judgment and order dated the 21st day of November, 2011 passed by the High Court Division in Writ Petition Nos.80..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
....iled under section 19(1) of the Act, it was the duty of the concerned VAT authority to move in the matter and give his decision. The concerned VAT authority must have remembered that he, being a Government functionary, was duty bound to act as per the dictate of law this way or that way and, fo......
Mahmudul Islam, Sr Advocate instructed by Md. Zaliirul Islam, Advocate-on-Record—For the Respondents.
Civil Petition for Leave to Appeal No. 628 of 2011.
(From the judgment and order dated the 14th day of February, 2011 passed by the High Court Division in Writ Petition No. 4 ..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......al Attorney General, instructed by B. Hossain, Advocate-on-Record—For the Appellant. None Represented—For Respondents. Criminal Appeal No. 7 of 2004. (From the judgment and order dated 31 st July, 2000 passed by the High Court Division in Criminal Appeal No.1349 of 1996) ..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....urt Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Government of Bangladesh...... Appellant (In all the appeals) Vs. Md. Abdul Maleque Miah a...... Mvi. Md. Wahidiillah, Advocate-on- Record—For the Respondents. (In all the appeals) Civil Appeal No. 87-94 of 2001. (From the Judgment and order dated 8th November, 2000 passed by the High Court Division in Writ Petition Nos. 2295, 2508, 2..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
.... books. In all, the accused-appellant misappropriated a sum of Taka 20,02,299 in Bangladesh currency from the public exchequer thus causing wrongful gain to himself and wrongful loss to the Government. After completion of the inquiry, the P.W.1 Abdullah-al-Zahid lodged a formal ejahar with...... Criminal Appeal No. 3735 of 2010. Judgment Moyeenul Islam Chowdhury J.— This criminal appeal, at the instance of the convict-appellant, is directed against the judgment and order dated 16-11-2008 passed by the learned Special Judge, Court No. 9, Dhaka in Special Case No. 2..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
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