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Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ...... submitted that the Court below committed an error of law resulting in an error in the decision occasioning failure of justice in not considering that the pre-emption case does not come within the purview of the plaint as contemplated under Order VII, rule 11 of the said Code, because it is a miscel..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ...... discretionary power in admitting the accused on pre-arrest bail. The grounds upon which the accused moved the petition are not relevant for entertaining an application for anticipatory bail. In view of the serious nature of offence allegedly committed by the accused, the High Court Division sh..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....rtment may also invoke its power of revision under section 120 of the Income Tax Ordinance 1984 if it appears to the higher authority of the DCT concern that any assessment made by the DCT concern is erroneous and prejudicial to the interest of the Revenue and in that case it may invoke its power an......terests of the revenue, he may, after giving the assessee an opportunity of being heard, and after making or causing to be made, such inquiry as he thinks necessary, pass such order thereon as in his view the circumstances of the case would justify, including an order enhancing or modifying the asse..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......he accused-respondent No. 1 and filed the instant complaint case. 15. It appears that the High Court Division on mistaken view embarked upon an enquiry as to whether notice was duly served upon the accused-respondent No.1 ..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ...... of the Act, 1881. In other words, we do not see any nexus of section 123A with the proceedings to be initiated under section 138 of the Act." 8. We do not see any reason to differ with the view already taken in the above case on the question of character of the dishonoured cross cheques &..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......lal Uddin Mollah, learned advocate appearing for the petitioner, submits that the respondent-Bank as well as the Adalat committed illegality in issuing the warrant of arrest against the petitioner in view of the fact that the petitioner was admittedly not the main borrower, but a third party guarant..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ......plying modern technology has found that the thumb impressions on the alleged documents with the admitted thumb impressions of the plaintiff are in the hand of the plaintiff-opposite party and in that view of the matter both the Court s below ought to have believed the report of the hand writing..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ......t No. 2 cancelled the work order of the petitioner by his Memo dated 30-10-2011. Thereafter, a measurement was made by the parties in respect of the completed work till cancellation of work order. In view of that, the running bill of Taka 68, 18, 854, 18 was prepared by respondent Nos. 7 and 8 on th..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ......the rule. 12. Heard the learned Advocates for the parties, perused the petitions, affidavit-in-opposition filed by the respondent No.2 and other relevant papers annexed thereto. 13. In view of the submissions made by the learned Advocates for the parties firstly, we are to see whether..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
.... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ......h Court and, therefore, an application for re-admission of the appeal dismissed by a Bench of the High Court is not governed by any Articles of the Limitation Act." Further it was held. "In view of the fact that there is no provision in the rules of the High Court for re-admission of an ap..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ......y power over the functioning and business of banking companies." 15. In JIT Knit Composite Ltd Vs. Government of Bangladesh 18 BLC 480 where both of us were party unequivocally endorsed the view of our Appellate Division and observed— "Under Bank companies Act, 1991 Bangla&..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ...... behalf of the appellant when the said Appeal was taken up, or called up, by the Tribunal for hearing. The appellant then filed an application for restoration (though the Tribunal termed it as 'review application') of the said Appeal, whereupon the Tribunal, vide impugned order dated 6-6-200..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ......ha) of the Bank Companies Act clearly invest Bangladesh Bank with a strong regulatory power over the functioning and business of banking companies. 6. That being the position we are of the view that the ends of justice would be best served if a direction has been given upon the respondent..Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11
Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
....d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ......Corporation cannot file any application under Article 27 of President Order No.1973 before the Artha Rin Adalat for the simpie reason that the application under Article 27 does not come within the preview of suit. In this regard, he refers to another decision of our Appellate Division in Bangladesh ..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
....e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......ord. The point of determination in case in hand is whether an Assistant Sessions Judge deemed to be appointed as Additional Sessions Judge has the power to hear appeals, revisions references and reviews if they are made over or transferred to him by sessions Judge. To get the answer of this ques..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......wa Ferry Ghat , therefore, by operation of the State Acquisition and tenancy Act all authorities in respect of the Ferry Ghat in question vests with the government without any encumbrance and in such view of the matter, authority over the Ferry Ghat in question, if intended by the government to be h..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ......োন আদালত এই আইনের অধীন কোন অপরাধ বিচারার্থ আমলে গ্রহণ (cognizance) করিবে না।” 15. In view of above provision of law and the various judicial pronouncement of our Supreme Court; passed o..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....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 ......ong should not be declared to have been made without lawful authority and is of no legal effect. 2. Mr. HS Deb Brahman, the learned Advocate appearing on behalf of the petitioner submits that in view of rule 10 of the Anti-Corruption Commission Rules. 200 the Investigating Officer is to co..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4