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Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)
....ppeal. 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 justice arising out of misconception of law, gross procedural irregularities and apparent harshness of treatment. Generally an accused enjoy......rt Division (Criminal Revisional Jurisdiction) Present: Muhammad Abdul Hafiz J Md. Ruhul Quddus J Md. Abdur Rob Bhuiyan............................................Petitioner Vs. Sheikh Ahammed and others…………......................Opposite Parties Judgment November 21, 2013. Result:......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)
....so far as it relates to constitution of the Artha Rin Adalat at Chittagong by the respondent No. 3, Additional District Judge Mr Sharif Uddin Ahmed, should not be declared to have been passed without lawful authority, illegal and is of no legal effect and why the auction notice dated 5-4-2008 publis......iginal Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Sheikh Md. Rafiqul Islam (Babul)....................Petitioner Vs. Manager, Uttara Bank Limited and others..........Respondents Judgment November 20, 2013 Result: The Rule is m......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)
.... No.6 to the respondent No.7(Annexure-C) and an impugned notice issued by the respondent No.7 vide Memo. No. Jaimek/07/530(1) dated 16.07.2007(Annexure-D) to be declared to have been passed without lawful authority and are of no legal effect. 2. Facts, in brief, are that the petitioner is t...... (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. Result: The Rule is dis......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
....onal ground; and that the unopposed election shown to have declared on 27-8-2010 with Md. Mahbubul Alam Nader Bhuiyan, an Advocate of Narsingdi Bar as President was a nullity and outside the scope of law. In the circumstances, pursuant to a resolution taken in the general meeting of the Union held o......R (HCD) (2015) 313
......-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)
....t the order impugned before the High Court Division and that availability of alternative remedy by way of revision will not stand in the way of invoking writ jurisdiction raising purely a question of law or interpretation of statute and, as such, the impugned judgment should be set-aside. He further...... ......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)
....udgment. Questions formulated 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 8...... Golam Sarwar......................Appellant VS. Commissioner of Taxes....................Respondent Judgment November 14, 2013 Result: No answers to questions (b) and (c). The appeals are remanded to the Tribunal to decide part of question (a) in the light o...... 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)
.... above. 80. The fine as imposed by the learned Judge of the trial Court is hereby maintained. The learned Judge of the trial court is directed to take step to realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed......- Hasanuddin Sarker Vs. State, 34 DLR 287; Kazi Ahammad Bazlul Karim Vs. State, 11 BLC 60; Abdul Bari Vs. State, 3 BLC 474; Habibur Rahman Mollah Vs. State, 61 DLR. Lawyers Involved: Khandhar Mahbub Hossain with Md. Shah Alam, Advocates—For the Appellant. Md. Abdul Hai, DAG...... 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)
....ress the question now raised by the learned Advocate for the petitioners. 15. The findings arrived at and the decision made by the High Court Division having been based on proper appreciation of laws and facts do not warrant interference by this Division. Accordingly, this civil petition f......o 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)
....ile any application under Rules 100 arid 101 of Order XXI read with section 151 of the Code of Civil Procedure and that the High Court Division without taking into consideration this provision of the law erroneously held that leave-respondent No.1 is entitled to recover of possession of the disputed......;.Respondents Judgment October 10, 2013 Result: The civil petition is dismissed. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, AJ Mohammad Ali, Senior Advocate and Quamrul Islam Siddique, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record&mda......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)
.... in Criminal Miscellaneous Case Nos.2788 of 2000 and 5752 of 1999. Judgment Hasan Foez Siddique J. - These two appeals being Criminal Appeal Nos.30 and 31 of 2004 involve a pure question of law as to the applicability of section 138 of the Negotiable Instruments Act, 1881 (hereinafter......Abdul Wahhab Miah J Hasan Foez Siddique J SM Redwan………………...............Appellant (In Criminal Appeal No.30 of 2004) Vs. Md. Rezaul Islam and others........…Respondent (In both the cases) Judgment Octob......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
....Ain, 2003, in the 'daily Ghaghat', Gaibandha dated 13-11-2008 (Annexure-"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 t......tion)
Present:
Syed Refaat Ahmed J
Mahmudul Hoque J
Proshanta Kumar Sarkar....................Petitioner
Vs.
Managing Director, Agrani Bank Ltd Head Office and others..........Respondents
Judgment
October 8th, 2013.
Result......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)
.... why the Impugned Order vide Memo No. Ma Gu Da Aa 912 dated 12-2-2011 (Annexure-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......n (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 Result: The Rule is ......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)
....a case under section 138 of the Act, 1881 cannot be stayed on the ground of pendency of a money suit filed by the accused and if such a course is allowed to be practised then the whole purpose of the law shall be frustrated. Therefore, we find no substance in the first submission of Mvi Md. Wahidull......ain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Mian J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Ahmed Lal Mia............................Petitioner Vs. State and another ………………………..Respondents ......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)
....si in Writ Petition No.3426 of 1999. 3. The University authorities, respondent Nos.1-4 contested the Rule by filing affidavit-in-opposition wherein it was contended that the aforesaid amount was lawfully deducted towards payment of VAT as per clause 2.45(a) of the General Conditions of the Cont......Md. Anwarul Haque J AA Engineering Limited……………………........Appellant Vs. University of Khulna, represented by its Vice-Chancellor and others……….Respondents Judgment October 3, 2013. Result: ...... 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)
....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......Civil Revisional Jurisdiction) Present: Soumendra Sarker J Satsang Bangladesh, D. Pakutia.............Plaintiff-Appellant-Petitioner Vs. People’s Republic of Bangladesh and others.......Defendant-Respondent- Opposite Parties Judgment September 26, 2013. ......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)
...., 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......l Hossain CJ Surendra Kumar Sinha J Md. Abdul WahhabMiahJ Hasan Foez Siddique J Bakhrabad Gas System Limited..............................Petitioner Vs. Al Masud-ar-Noor and others.................................Respondents Judgment September 26, 2013. R......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
....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......Appellate Division
(Civil)
Present:
Md. Muzammel Hossain CJ
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
AHM Shamsuddin Chowdhury J
Commissioner of Customs, Excise and VAT………………Petitioner
Vs.
Appollo Steel Mills ......
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)
.... 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 ...... Siddique J State……………………………………………Appellant Vs. Mostafizur Rahman and another...........Respondents Judgment September 18, 2013 Result: The appeal......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)
....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......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 and 7 another.........Respondent Judgment ...... 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)
....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......ppeal is dismissed. Cases Referred to- Abdul Bari Mollah Vs. State, 3 BLC 474; Abul Khair Vs. State, 58 DLR 500; Abul Kalam Azad Vs. State, 48 DLR 294; Moslem Ali Mollah alias Moslem Mollah and others Vs. State, 48 DLR 427 and Mansur Ali Vs. State, 39 DLR 184; Khondker Moshtaque Ahmed Vs. ...... 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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