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Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
..............Respondents Judgment January 4, 2013. Result: The petition is disposed of. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 115 Without issuing Rule and giving no opportunity to the other side(s) of being heard, the summary disposal of a revisi......09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)
....The Anti-Corruption Commission Act, 2004 (Act No. V of 2004); section 32 Relationship between parent law with subordinated legislation When there is conflict between the parent Law and this Rule, the Law will prevail over the Rules. Rules made under a statute must be treated for all purpos......rned Special Judge to proceed with the case in accordance with law. The petition is disposed of with the above observations. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 97. ..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)
....nt. Vs. The Commissioner of Taxes, Companies Circle-18, Taxes Zone-6, Dhaka…..Opposite party Judgment January 3, 2013. Result: Both the I.T. References succeeds. The connected Rule being No.30 (Ref:) /2011 is disposed of. When two appeals are filed against the same judgmen...... The connected Rule being No.30 (Ref:) /2011 is disposed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....re acting in a manner which discriminates the interest of the petitioner as a share holder of the company. Pursuant to the issuance of the notice, the respondents filed an application under Order 7 Rule 11 of the Code of Civil Procedure for rejection of the petition on the ground that there is p......shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
....ip;…………Petitioner Vs. Customs, Excise and VAT Appellate Tribunal & others.............Respondents Judgment December 10, 2012. Result: The Rule is discharged. Section 26 of the VAT Act contemplates a situation and made provisions for ......lar situation this Division held the action of such a kind to be without jurisdiction and coram non jitdice. Therefore, the learned Advocate submits that in all fairness this Rule should be made absolute. 7. Mr. Pratikar Chakfna the learned Assistant Attorney-General by filing affidavit-in..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Badruzzaman J Muzibul Haque (Md.)..........................Petitioner Vs. Bangladesh and others.................Respondents Judgment December 6, 2012. Result: The Rule is discharged. Whether Writ Petition is Maintainable against the Private Bank- T......s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138 ..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....Md. Badruzzaman J Amanullah (Md.) and other ..................Petitioners Vs. Abdul Aziz and others...............Contemnors Judgment December 5, 2012. Result: The Rule is disposed of. Encadrement of the Non-Cadre Family Planning Office's— Enca...... heard by a Division Bench of this Division comprising of their Lordships Madam Justice Nazmun Ara Sultana and Mr. Justice Shamsul Huda and after hearing their Lordships were pleased to make the Rule absolute in part by judgment and order dated 8-12-2009 with some specific directions to the contemno..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....p;…............................Petitioner Vs. State and another...........................................Opposite-Parties Judgment December 3, 2012. Result: The Rule is discharged. No quashment before charge-sheet No case can be subject matter of quas......) have already succeeded in getting the impugned proceeding against them quashed in criminal Misc. Case No.249 of 2003 and Criminal Misc. Case No.13140 of 2005. In both the cases, the Rules were made absolute by the analogous judgment dated 23-5-2006. The Anti-Corruption Commission did not prefer an..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
....nal Review Petition Nos.9-12 of 12) Judgment December 3, 2012. Result: The Review Petitions are dismissed. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988, Order XXVI rule 1 Review of judgment or order of the Appellate Division in a crim...... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
....appeal, the petitioner filed four revisions being Criminal Revision Nos. 578, 575, 576 and 577 of 2009 before the High Court Division. On hearing the revisions, the High Court Division discharged the Rules and at the same time, interfered with the amount of fine reduced by the Appellate Court by res...... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.... State………………………………......Opposite-Party Judgment December 2, 2012. Result: The Rule is disposed of. When examination of the Magistrate is necessary For the interest of t...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....sain J.- By this civil petition, the petitioners seek leave to appeal against the judgment and order dated 1-6-2009 passed by the High Court Division in Civil Revision No.1090 of 2009 discharging the Rule affirming the judgment and decree dated 3-3-2004 passed by the learned Additional District Judg......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ocate Taimur Alam Khondaker.........................Petitioner Vs. Bangladesh and others...................Respondent Judgment November 29, 2012. Result: The Rule is made absolute. Voluntary Social Welfare Agencies (Registration and Control) Ordina......Alam Khondaker.........................Petitioner Vs. Bangladesh and others...................Respondent Judgment November 29, 2012. Result: The Rule is made absolute. Voluntary Social Welfare Agencies (Registration and Control) Ordinance, (Ordinan..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
....KM Muhituddin and others.........................Petitioners Vs. National Board of Revenue and others............Respondents Judgment November 28, 2012. Result: Both the Rules are disposed of. Lawyers Involved: Md. Khurshid Alam Khan with Sayem Murad, Advocate......tters of credit and different Bills of Entry should not be declared to have been done without lawful authority and is of no legal effect. 3. Facts are also similar in both the petitions and absolutely in terms of Rule as issued. 4. At the time of issuing Rule this Division directed th..Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2
Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)
....defend the suit (by filing written statement, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179 ......defend the suit (by filing written statement, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179 ..Category: Administrative Law | Date: 28 Nov, 2012 | Hits: 5
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....uzammcl Hossain CJ. - This appeal by leave is directed against the judgment and order dated 3-11-2008 passed by a Division Bench of the High Court Division in Writ Petition No.2919 of 2006 making the Rule absolute. 2. The present respondents being the writ petitioners filed Writ Petition No.291......cl Hossain CJ. - This appeal by leave is directed against the judgment and order dated 3-11-2008 passed by a Division Bench of the High Court Division in Writ Petition No.2919 of 2006 making the Rule absolute. 2. The present respondents being the writ petitioners filed Writ Petition No.2919 of ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....J.- These two appeals, by leave, have arisen out of a common judgment and order dated the 6th day of June, 2007 passed by the High Court Division in Writ Petition Nos. 1497 and 459 of 2005 making the Rules absolute. 2. Facts giving rise to these appeals are that the respondent of Civil Ap......ese two appeals, by leave, have arisen out of a common judgment and order dated the 6th day of June, 2007 passed by the High Court Division in Writ Petition Nos. 1497 and 459 of 2005 making the Rules absolute. 2. Facts giving rise to these appeals are that the respondent of Civil Appeal N..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....; is not restricted by technical interpretations of rules of conduct. The term 'misconduct' has not been defined in the Bangladesh Legal Practitioners and Bar Council Order, 1972 or the Rules framed thereunder. But misconduct of an Advocate may be defined as any conduct that in any way......of the case and to aid the Court to do justice by arriving at correct conclusion. Since the Court acts on the basis of what is presented by the Advocates, the Advocates are under the obligation to be absolutely fair to the Court. All statements should be accurate, and the Advocate is under a sacrosa..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....lip;…Petitioner Vs. The State………………….......................Respondents Judgment November 28, 2012. Result: The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home ......etitioner Vs. The State………………….......................Respondents Judgment November 28, 2012. Result: The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Gove..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77