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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: ......tted charge sheet on 03.08.2001 under sections 143, 448, 323, 324, 326, 307, 387, 379, 380 and 427of the Penal Code against 19 accused and submitted final report in favour of accused Semna Begum. The case after being ready for trial was sent to the Sessions Judge, Noakhali and was registered as Sess..

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)

....s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ...... petitioner mainly challeng­ing the order passed by the respondent No.2 the learned District Judge. Chittagong who by his office order No.187/Pro B: dated 18-11 -2007 gave jurisdiction to try the cases relating to Artha Rin matter to the respondent No.3 Mr. Sharif Uddin Ahmed who was promoted in..

Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6

Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24

Ekramul Hossain (Md.) and others Vs. Chairman, First Labour Court, Dhaka and others, 2013, 42 CLC (HCD)

....y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 313 ......Affairs in Civil Nature Must Be Adjudicated By the Civil Court— Section 317(4) entrusted the Director of Labour with power to oversee and supervise the election of a trade union and in the case of any dispute relating to internal affairs of a registered trade union which is civil in natur..

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)

....he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ......mount along with interest, being an amount of Taka 16, 57,483.12 as on 31-10-2000. The learned District Judge, Dhaka after hearing ex parte by his order dated 25-6-2003 allowed the miscella­neous case. After that, the HBFC as the decree-holder, put the decree in execution and accord­ingly, a..

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 ......the Tribunal to decide part of question (a) in the light of observations made in the judgment. 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 co..

Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4

AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)

....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. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......appellant within his knowledge received money from two places illegally and misappropriated the amount of BCIC and thereby abused his power and ille­gally obtained pecuniary advantage. Hence, the case. 4. The informant himself investigated the case who in course of his investigation, seized..

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. ......istrict Judge condoned the delay in respect of the appeal filed against the final decree and not against the preliminary decree and that the High Court Division without considering this aspect of the case discharged the Rule and, as such, the impugned judgment should be set-aside. He further submits..

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. ......arty filed Miscella­neous Case No.14 of 2011 under Rules 100 and 101 of Order XXI read with section 151 of the Code of Civil Procedure for restoration of his pos­session in the suit land. His case, in brief, is that Rafique Ahmed Khan got allotment of the suit land from Rajdhani Unnayan Kart..

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. ...... SM Redwan………………...............Appellant (In Criminal Appeal No.30 of 2004) Vs. Md. Rezaul Islam and others........…Respondent (In both the cases) Judgment    October 9, 2013. Result: Both the appeals are..

Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12

Proshanta Kumar Sarkar Vs. Managing Director, Agrani Bank Ltd Head Office and others, 2013, 42 CLC (HCD)

....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. ......ing or agreed to purchase and or take delivery of the property at a price quoted by the bidders and avoiding question of arbitrariness to be raised at any subsequent point of time. But in the instant case the respondent bank evidently did not inform the petitioner about the sale and or quotation rec..

Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8

Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......Petition") challenging the Memo dated 27-11-2004 issued by the board's registrar communicating such approval. It so tran­spired that the petitioner, having been acquitted from a criminal case lodged against him, decided, however, not to prosecute the Rule issued in the earlier writ peti..

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.   ......012 and No.4 dated 29-11-2011 (as arranged in the cause title of the revision application) passed by learned Metropolitan Sessions Judge, Chittagong in Sessions CaseNo.2054 of 2011. The said sessions case arose out of a petition of complaint filed by respondent No.2 as complainant before the Chief M..

Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5

AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)

....thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......rk as per terms and conditions of the tender documents and after receipt of bills applied to the University on 28-7-1997 and 31-7-1997 for refund of the security deposit of Taka 47, 24,075. It is the case of the appellant that Khulna University illegally deduct­ed a sum of Taka 38, 39,239 from t..

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)

....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 ...... Satsang Ashrom and started another Satsang Ashrom at Hemayetpur, Pabna disclosing that pursuant to an order of Thagore they have started the said "Ashrom" at Hemayetpur, Pabna. The further case of the plain­tiff-petitioner is such that the Government of Bangladesh being pleased on an ..

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. ......ellip;……………….(9) Lawyers Involved: Dr. Kazi Akter Hamid, Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. (In both cases) AM Mahbubuddin, Advocate instructed by Md. Taflque Hossain, Advocate-on-Record—For..

Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12

Commissioner of Customs, Excise and VAT Commissioner of Customs, Excise and VAT Vs. Appollo Steel Mills Ltd and others, 2013, 42 CLC (AD)

....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   ......n of the writ-petitioner's VAT Registration Certificate No.5061001444 dated 17-12-1998, Area Code 50201 under sec­tion 19(3) of the VAT Act, 1991. The Rule was issued accordingly. 4. The case of the writ-petitioner was that it is a private company limited by shares and incorporated unde..

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. ......her Mr. Justice Mohammad Anwarul Haque. Since I could not agree with the reasoning and findings as dis­closed in the majority judgment, I propose to express my own views. 5. The facts of the case have been narrated in the judgment of my learned brother Mohammad Anwarul Haque, J. and I do no..

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   ......p;   (From the Judgment and order dated 8th November, 2000 passed by the High Court Division in Writ Petition Nos. 2295, 2508, 2509, 3559, 3804, 4343, 4222 and 4107 of 2000). [The case reported in 5 BLC 695 has been reversed by the above judgment.] Judgment Md. Muzammel..

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.   ......nt for 5(five) years and to pay a fine of Taka 21, 00,000 in default, to suffer rigorous imprison­ment for a further period of 1(one) year in absen­tia. 2. The prosecution version of the case, in short, is as follows: The accused-appellant ATM Nazimullah Chowdhury had been the Amba..

Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5