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Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......d Advocates appearing on behalf of the opposite parties opposing the Rule submits that the schedule land of the original suit is unspecified and the suit is not maintainable under the purview of law and the lower appellate Court is justified in holding that the suit itself is not tenable i..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. ......, 2011 passed by the High Court Division in Writ Petition Nos.8079 and 9063 of 2010). Judgment Md. Abdul Wahhab Miah J. - These two leave petitions, facts are similar and common of question law being involved, have been heard together and are disposed of by this common judgment. 2. Bo..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
....no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
......cerned 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, for no reason and logic, he could just sit over the matter…&hel..
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. ...... Fourthly.—With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. Fifthly.—With or without her consent, when she is under fourteen years ..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)
....allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......343, 4222 and 4107 of 2000 making the Rules absolute. 2. These appeals have been heard together and are being disposed of by this common Judgment as they do involve common questions of laws and facts. Respondent No.1 of all these appeals filed 8 writ petitions seeking certain dir..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......s preferred the instant appeal by surrendering to the trial Court. 7. The only point for determination in the appeal is whether the impugned judgment and order dated 16-11-2008 is sustainable in law or not? 8. At the outset, Mr. Fida M Kamal, learned Advocate appearing on behalf of the. ap..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
...., was promulgated on 19.08.2008 during the then Caretaker Government in 2008 bringing various amendments to the Representation of the People Order, 1972; and by section 26 of the said amending Ordinance, a new chapter namely, Chapter VIA was inserted in the said Order which provided,......ve therefore decided to challenge the EC, because they want to ensure that all the constitutional functionaries and office bearers of the Republic, including the EC, without fail, observe the rule of law and the Constitution and seek to hold them accountable, so that the constitutional office bearer..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......o show cause as to why the registration (Registration No. 014 dated 04.11.2008) given to Respondent No. 1 as a political party by the Respondent No. 4 shall not be declared to have been given without lawful authority and is of no legal effect.
2. Facts leading to this Rule (as transpired from t..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
....t of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J.- I agree.
Ed.
This Case is also Reported in:
......reed with the view taken by the AJCT and thereby, uphold his common order.
5. In this backdrop, these four reference applications have been filed raising the following sole identical question of law:
“Whether the Taxes Appellate Tribunal was legally justified in not considering the g..
Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3
Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ngladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......reed with the view taken by the AJCT and thereby, uphold his common order. 5. In this backdrop, these four reference applications have been filed raising the following sole identical question of law: “Whether the Taxes Appellate Tribunal was legally justified in not considering the g..Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 2
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......০-২-২০১০ইং তারিখের সোলে ডিক্রি বে-আইনী, অন্যায়, অবৈধ, অকার্যকর, obtained by fraud practice, without law-full effect & authority infractious, vires, null & void and void ab initio বাতি..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ......e the application of the Petitioner made under Order VII, rule 11 of the Code of Civil Procedure ("the Code") for rejection of piaint should not be declared to have been passed without lawful authority and are no legal effect. Each Rule Nisi issued was accompanied by an ad interi..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ......it for an indefinite period. Thus by overall observation the impugned Judgment and order as passed by the Joint District Judge, 2 Court, Gazipur cannot be sustainable under any provision of law….(12) Case Referred to- Shefali Rani, 50 DLR 349 and Nur Mohammad Vs. Karim Bib..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Md. Lokman Hakim and Others Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....o the writ petitioners. In the result, these rules are made absolute. However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ......35-1336 of 2013. Writ Petition No.1337 of 2013. Judgment AFM Abdur Rahman J.- All these 13 (Thirteen) Writ Petitions, as mentioned in the cause title, Having involved the similar question of law and based upon identical factual aspects, all of them have been heard together and now disposed ..Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......und that in the petition of complaint the Company has not been implicated as an accused and the cheque itself is not a valid one, as it has been presented after four years of its maturity, which is unlawful as such the accused petitioner should be discharged. After hearing the parties the learned As..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......oners Vs. SF Winsome Fashion Ltd. and others……………….Respondents Judgment July 24, 2013 Result: The application is allowed Unlawful Gain was Fraudulent and the Illegal Exdebito Justitiae The entire transaction of th..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
......n Artha Rin Suit No.83 of 2004 and judgment and order dated 13-11-2011 passed by the Judge, Artha Rin Adalat, Jessore in Artha Jari Case No.9 of 2005 shall not be declared to have been passed without lawful authority and is of no legal effect.
2. The background leading to the Rule, in short, is..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ...... Court Division that the respective petition of complaint having been filed before expiry of the statutory period as stipulated in clause(c) of the proviso to section 138(1) of the Act, was barred by law, this Division having affirmed the judgment and order passed by the High Court Division which to..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......ions Case No.416 of 2007 arising out of CR Case No.218 of 2007 is set-aside. The concerned Joint Sessions Judge, Rajshahi is directed to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) ..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)
....304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ......he Criminal Petition for Leave to Appeal No.99 of 2003 before this Division. Upon hearing, Leave was granted to consider the following ground: “Because the Hon’ble High Court Division erred in law in awarding twenty years of sentence upon the accused appellant petitioner after converting his ..Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88
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