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Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)

....n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......de transferees in lawful possession therein. But before a property is treated as vested property on the basis of a V.P. Case started long after the lifting of emergency on 16th February, 1969 a heavy duty is cast upon the authority concerned to satisfy itself that the recorded tenant migrated to Ind..

Category: Property Law | Date: 26 Apr, 2010 | Hits: 9

Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)

....st find out is whether the act and the official duty are so inter-related that one can postulate reasonably that it was done by the accused in the performance of the official duty, though possibly in excess of the needs and requirements of the situation." 20. There must be a reasonable con......Station against the accuseds (1) Md. Akbar Haider Raja and (2) Md. A. Quiyum alleging, inter alia, that on 05.04.2007 at about 14:00 hours while the informant along with other RAB personnel on petrol duty, received a secret massage regarding unloading of some contraband goods brought in breach of pr..

Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119

Shabnam Vegetable Oil Industries Limited Vs. Commissioner of Customs (Import) and others, 2010, 39 CLC (HCD)

....4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 437. ...... Station Bandar, Chittagong and others…………………………Respondents Judgment March 25, 2010. Result: The Rules are made absolute. Assessment should be made and the customs duty should be levied on the basis of the duty which was in existence at the presentation of the Bil..

Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134

Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

....that the principle of fairness and equity must reign supreme in adjudicating cases under the writ jurisdiction. He went on to say that in setting aside the whole case, we will not really be acting in excess of the terms of the Rule, we will only unlock the compartment of discretion to secure entry i......upport of his submission he relied on a decision reported in AIR 1969 (SC) 381 where the Indian Supreme Court stated that even when the accused person’s presence is dispensed with, the Court is duty bound to put questions to the earlier to enable him to state his case. Attracting our attention..

Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228

Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....that the principle of fairness and equity must reign supreme in adjudicating cases under the writ jurisdiction. He went on to say that in setting aside the whole case, we will not really be acting in excess of the terms of the Rule, we will only unlock the compartment of discretion to secure entry i......the instance of the respondent no. 3, the Chair of the Commission, that the respondent no. 5 conveyed the impugned direction to the respondent no 6, the pretentious officer, who was assigned with the duty to conduct the investigation into the case, adding that such a decision on the part of the Chai..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102

Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....that the principle of fairness and equity must reign supreme in adjudicating cases under the writ jurisdiction. He went on to say that in setting aside the whole case, we will not really be acting in excess of the terms of the Rule, we will only unlock the compartment of discretion to secure entry i......the instance of the respondent no. 3, the Chair of the Commission, that the respondent no. 5 conveyed the impugned direction to the respondent no 6, the pretentious officer, who was assigned with the duty to conduct the investigation into the case, adding that such a decision on the part of the Chai..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131

Humayun Khan @ Md. Humayun Khan and another Vs. Anti Corruption Commission and Others, 2010, 39 CLC (HCD)

.... Commission, whereas the parent Act, namely the Anti Corruption Commission Act, 2004 gives no power for such delegation. He submitted that, therefore, the power of delegation given in the Rules is in excess of the power given in the parent Act. Therefore, Rule 15 of Durniti Daman Commission Bidhimal......les is hereby vacated. Bail of the petitioners is cancelled. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 409. ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145

State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)

....rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......nce Judicial Magistrate, G.R. Court No.1, Kishoregonj. 8. In the affidavit in opposition the Secretary, Ministry of Home Affairs confirms that the three children were arrested on 22.01.2010 by on-duty police party comprising one Habilder and three Constables of GRP, and two Ansar personnel. The ..

Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177

Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)

....st the outstanding VAT liability of Tk.2,75,42,815.02 the claim for release of the Bank Guarantee is not tenable in law. However, the petitioner company can claim refund of any mistaken payment or excessive pay­ment in respect of VAT turnover tax or any other dues if any to the respondent autho......10. Rule 12(1) provides that for change of the place of business or for change of any situation of the business organization a registered person has to pay VAT or turnover tax or any supplementary duty minimum 14 days before such change and then submit a declaration in the prescribed form "VAT-9..

Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4

Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......rt the trustee, manager or superintendent of such mosque, temple or religious establishment or the member of any committee appointed under this Act, for any misfeasance, breach of trust or neglect of duty, committed by such trustee, manager, superintendent or member of such committee, in respect of ..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....ave been passed without any law­ful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19   ...... His appointment was given on the condition that his job would be made permanent subject to creation of his job in the Organogram of the City Corporation. Subsequently he was assigned additional duty of Estate Officer on 24-9-2006. 9. The petitioner in Writ Petition No. 9170 of 2007 joined..

Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3

Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)

....der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......in 10 BLC (HCD) 747 it has been held that: "When the Bank returns the cheque referring it to the drawer for want of suffi­cient found and the matter is brought to the notice of the drawer, a duty is imme­diately cast upon the author of the cheque to make immediate arrangement for payment o..

Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128

Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)

....eady been advertised earlier and with these 2 (two) posts and the 10 (ten) posts advertised in pursuance of the notification dated 28.05.2005, comes to 12 (twelve) vacant posts, as such, there was no excess number of recommendations than those of the 12 (twelve) vacant posts. 24. We have peruse......consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ..

Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118

Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)

....py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ......nner or form, without expressly declaring what shall be the consequence of non-compliance, is the requirement to be regarded as imperative or mandatory or merely as directory or permissive. It is the duty of the Courts of justice to try to get at the real intention of the legislature by carefully at..

Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10

State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)

.... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ......with the law) should be displayed in prominent places of police stations. 8. Each police station shall display in a prominent place the names and contact numbers of Probation Officers, Doctors on duty, places of safety, approved homes, certified institutions and NGOs working in the area. 9. ..

Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198

Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)

....d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......f interest after its maturity and then inform the NBR. He admitted that the appellant mentioned source of income in his statement of property. 51. P.W.2 Md. Idris Mia is the SI of Police. He was duty officer on 6-3-2007. He filled up the Ejahar form which is Exhibit 6. In his cross-examination,..

Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286

Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)

....orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ......tion of vital witnesses, the prosecution should offer explanation to this end. Otherwise, it will certainly give rise to presumption under section 114(g) of the Evidence Act. It is undoubtedly the duty of the prosecution to lay before the Court all material evidence available to it which is nece..

Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9

Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)

....ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......r himself was also the tormentor who would make comments about her figure and appearance. He often commented in her presence that he would like to have her. Subsequently, Golapi was given night shift duty. As usual just like the previous five days she was on night shift duty when she was called by t..

Category: Women and Children | Date: 14 May, 2009 | Hits: 330

Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)

....t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ......ing section. The Magistrate has a discretion to order a separate trial (40 CrLJ 118 (120) 54. Although a joint trial is allowed under the circumstances specified in this section, still it is the duty of the Magistrate to see that the accused are not prejudiced thereby. No jointer of charges sho..

Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135

Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....presses his view that the first proviso is attracted, an offender may be sentenced to imprisonment or detention in some place other than a certified institute but that order of detention cannot be in excess of 10 years. Likewise, if the learned Judge chose to impose a sentence of imprisonment, then ......or authority that Rony had improved sufficiently to be released. In our view, any offender who shows sufficient improvement in his character and behaviour in the assessment of those who are given the duty to assess his development may be discharged before the completion of his sentence of detention...

Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189