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Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
....sed-petitioner, a Rule was issued calling upon the opposite-parties to show cause as to why the impugned proceedings of Special Case No. 22 of 2007 arising out of Dhan-mondi Police Station Case No.71 dated 19-9-1998 under section 4(2) of the Anti-Corruption Commission Act, 1957, now pending bef......sion of pecuniary resources or properties which were disproportionate to his known source of income. Thereafter, on the basis of the decision of the Government, the Bureau of Anti-Corruption issued a notice being Memo No.২৩৩/৯৬(গ)/টাঃ ফোঃ-১/১১৫৮২ dated 7-8-1997 un......ugned proceedings of Special Case No. 22 of 2007 arising out of Dhan-mondi Police Station Case No.71 dated 19-9-1998 under section 4(2) of the Anti-Corruption Commission Act, 1957, now pending before the Court of learned Metropolitan Senior Special Judge, Dhaka should not be quashed and/or pass..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....lling upon the opposite-parties to show cause as to why the impugned proceedings of Special Case No. 6 of 2010 corresponding to OR No. 19 of 2009 arising out of Sonatala Police Station Case No.2 dated 1-2-2009 under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004, now pendi......legation under ER 01 of 2007 dated 29-1-2007, it was found that the accused-petitioner Md. Mohidul Islam (Ripon) acquired more properties than that of his known sources of income. Accordingly, a notice dated 14-11-2007 was issued and served upon him under section 26(1) of the Anti-Corruption Co......llip;……Opposite Parties Judgment January 17, 2013. Result: The Rule is discharged. Opportunity to prove the allegation by adducing evidence- There is scope for the accused-petitioner to explain about the matter and rectify the mistake in calculating assets..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
.... of the main application. 34. By filing this application under section 10(1) (a) of the Criminal Law Amendment Act, 1958 the accused-petitioner has challenged the legality of the order dated 18-10-2012 passed by the learned Special Judge, Special Court No. 3, Dhaka in Special Case No.......in of 2002 was in operation. Admittedly the case was instituted long after the repeal of the said Ain of 2002 and the Ordinance of 2008 and after the enactment of the Ain of 2009. It has already been noticed that the savings clause contained in section 31(2) of the Ain of 2009 has no manne......LD (AD), 196 = 46 DLR (AD) 174, Kalepada Shaha Vs. State, 37 DLR (AD) 135;Delowar Ali Khan Vs. Sajadul Hague, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram, AIR 1965 (SC); Directorate of Enforcement Vs. Dipok Mahajon, (1994), 3(SCC) 440; State (Union of India) Vs. Ram Saran,(2003) 12 SCC ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....spondent no. 2. Writ Petition No.7903 of 2011. Judgment Md. Ruhul Quddus J.-This Rule nisi was issued calling in question the legality of an order as contained in MemoNo.CJM/LB/13(Ka) 68 dated 4.8.2011 issued by the General Manager, Crescent Jute Mills Ltd. terminating the writ petition...... a conspiracy against him. Consequently the General Manager of the Mills (respondent 2) terminated him from service under the impugned memo. In so doing, he (respondent 2) did not serve him any prior notice or give him any opportunity of being heard in any manner. Within a week after his termination......Jute Mills Ltd., Khalishpur, Khulna on 12.11.1986 as a weaver. He was promoted twice, firstly to the post of Senior Weaver (বড় তাঁতী)and secondly to that of Labour Sarder in 2009. He performed his duty honestly and diligently. Being a popular worker-leader, he was elected as Assistant ..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....oner has completed all official formalities in order to get MRP Passport and thereafter, respondents were given a "Delivery Slip" bearing reference No. 260100000327956 in which the delivery date was stipulated on 8-12-2011. Despite the date was fixed for delivery of MRP Passport on 15......ivery of MRP Passport on 15-2-2012, respondent No.2 failed to delivery the passport to the petitioner on due date without assigning any reason. Subsequently, the petitioner served a demanding justice notice upon respondents through his lawyer in respect to delivery of his MRP Passport. However, the ......der or further order or orders as to this court may seem fit and proper". 2. The averments of the petitioner are as follows:— The petitioner being a citizen of Bangladesh applied for a Machine Readable Passport (hereinafter referred to as "MRP Passport") to the office ..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
.... it registered showing that the informant and his brother empowered with him to transfer the schedule property. The owners did not execute such deed. In creating the registered power of attorney deed dated 16-11-2006, the accused nos.2-4 had involvement. Subsequently, the petitioner (FIR -named accu......d-petitioner not only also entered into an agreement for purchase of the disputed property from the accused No.1 but also did not take any step to cancel the registered bainapatra in spite of getting notice about forged deed of power of attorney publish in the News paper and that he did not als......other order passed as to this Court may seem fit and proper. 2. At the time issuance of the Rule, all further proceedings of the above mentioned case in respect of accused-petitioner were stayed for a period of 6(six) months which has been subsequently extended from time to time. 3. R..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....n of tea being about 5.20 million kgs; that the 33rd Annual General Meeting (AGM) of the company was held on 29-7-2011, election for one vacant post of a direction was scheduled to take place on that date. But election could not be held due to some disagreements; there were two candidates for one va...... In Title Suit No.166 of 2011, the prayer for temporary injunction was rejected on contest by order dated 9-5-2012; that there being no order of injunction in force, on 25-4-2012 the company issued a notice for holding 34th AGM on 14-7-2012. On 30th April, 2012 the notice was also published in the F......ny Ltd and others..............Respondents Judgment January 9, 2013. Result: The petition is allowed with the direction. Lawyers Involved: Kamal-ul-Aiam, Senior Advocate for Mohammad Hossain, Advocate-For the Petitioner. AM Amiuddin Advocate with Yousuf Khan Rajib,..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
....or and of the essential facts that he has to meet or in the alternative, to warn the accused of the case he is to answer. It shall contain the nature and the particulars of the offence by name, the date, time and place. The accused is entitled to know with accuracy and certainty the exact, nature......ces relied upon by the prosecution which may be prima-facie against him, is not true or is consistent with his innocence. The opportunity must be real and adequate. The accused must be given clear notice of the circumstances and must be given the opportunity to render such explanation as he can ......is allowed. Framing of charge in a criminal trial The object of framing charge in a criminal trial is to enable the accused to have a clear idea of what he is being tried for and of the essential facts that he has to meet or in the alternative, to warn the accused of th..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....h; On an application under section 561A of the of the Code of Criminal Procedure, this Rule was issued calling upon the complainant-opposite-party, to show cause as to why the judgment and order dated 23-2-2010 passed by the learned Sessions Judge, Nilphamari in Criminal Revision No. 21 of 2010......s part payment of the dues amounting to Taka 35 lac in favour of the complainant bank on 1-12-2004, but it was dishonoured by the Bank on several dates at last being on 16-2-2005. After serving legal notice on 23-3-2005 by the accused -petitioner, the complaint case was filed on 14-6-2005 under sect......aside and /or pass such other order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule, all further proceedings of the above mentioned CR Case were stayed for a period of 3(three) months, which has been subsequently extended from time to time. 3. Rel..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
.... Aktar Imam, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.2407 of 2012. (From the judgment and order dated the 13th day of August, 2012 passed by the High Court Division in Civil Order No.2556 of 2012......oper." 3. In the suit, the plaintiff filed an application under Order XXXIX rules 1 and 2 read with section 151 of the Code of Civil Procedure (the Code) praying for issuing a show cause notice calling upon the defendants to show cause as to why pending disposal of the suit they shall ......d by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioners. Aktar Imam, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.2407 of 2012. (From the judgment and order dated the 13th day of August..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)
.... in ITA No. 1800 of 2010-2011. 7. Being aggrieved with and highly dissatisfied by both the orders passed by the Taxes Appellate Tribunal in ITA No.1800 of 2010-2011 and in ITA No.3445 of 2010-2011 dated 27.4.2011, the Assesse-applicant preferred the instant two Income Tax Reference Applications, ......ome tax assessee under the TIN. No.177-200-7506/Coy-18 and accordingly it submitted its income tax return for the assessment year 2008-2009 showing an income of Tk. 7,03,60,824.00 and pursuant to the notice served under section 83(1) and 79 of the Income Tax Ordinance 1984, the Assesse-applicant sub......stice requires that both the appeals are heard together in order to avoid conflicting decision. The Taxes Appellate Tribunal not even a quasi judicial authority, is a pure judicial authority and therefore the same practice is also applicable in case of the Taxes Appellate Tribunal and also in case o..Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....s. Tania Amir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.2985 of 2012. (From the judgment and order dated 2.12.2012 passed by the High Court Division in Company Matter No.70 of 2012.) Judgment ......pany without giving any account to the petitioner. They were 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 f...... by Nurul Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Mrs. Tania Amir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.2985 of 2012. (From the judgment and order dated 2.12.2012 passed by t..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
..... 1188 of 2004. Judgment Md. Ashfaqul Islam J. - At the instance of the petitioner, M/s TLRA Limited, this Rule Nisi was issue calling upon the respondents to show cause as to why the order dated 8-12-2003 passed by the respondent No. 1 in Nothi No. CEVT/Case (VAT)-Dhaka-23/2003 (Annexure-......ne of Taka 13,21,03,373.35 made delivery thereof evading the VAT on such produced of Taka 1,98,15,505.75 for which the authority under the provision of section 55(1) of the VAT Act 1991 served demand notice upon the petitioner for payment of Taka 1,98,15,505.75 to the Government treasury challan and......ibunal & others.............Respondents Judgment December 10, 2012. Result: The Rule is discharged. Section 26 of the VAT Act contemplates a situation and made provisions for combating the same. Of course the provision should be followed meticulously in its true spirit a..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e petitioenr, Md. Muzibul Haque, the Managing Director of Gopalpur Poultry & Fishery Complex Ltd. this Nisi was issued calling upon the respondents to show cause as to why the Auction Notice dated 31-3-2010 (Annexure-A) issued by the respondent No. 2 shall not be declared to have been made ......nnexure-A) issued by the respondent No. 2 shall not be declared to have been made without lawful authority and is of no legal effect. 2. At the time of issuance of the Rule, the impugned auction notice dated 31-3-2010 (Annexure-A) was stayed. 3. The background leading to the Rule, in ......ticle 102 of the Constitution as a method of cunning device. Section 12 of Ain, 2003 maintains as a pre-contention to sale the mortgage property and realized the outstanding dues, if any, before filing a suit against a defaulter borrower………………(6) ..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
.... Helaluddin Mollah, Advocate—For the Petitioner. Md. Shahrawardi, Deputy Attorney-General—For the Respondent. Jail Petition No.17 of 2010. (From the judgment and order dated 3rd December, 2007 passed by the High Court Division in Death Reference No.27 of 2003 with Cri......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......t Judgment December 6, 2012. Result: The Jail Petition is dismissed. In general the length of period spent by a convict in the condemned cell is not necessarily a ground for commutation of the sentence of death. However, where the period spent in the condemned cell..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....y Md. Amanullah and others, this Rule Nisi was issued calling upon the respondent-contemnors to show cause as to why they should not be punished for violating and disregards to the judgment and order dated 8-12-2009 passed in Writ Petition No. 3968 of 2002. 2. Md. Shahjahan and Mohammad Shafiqu......their expectation that they would get their promotions but due to contemptuous acts of contemnors, they are yet to get their legally entitled benefit of promotion and at last they served a legal notice on 27-11-2010 upon contemnors, which was duly received by them but they did not take any step......n determining seniority of the said non-cadre officers appointed, after 1985 and in that score if anyone is aggrieved by the decision of the government may take recourse of law in an appropriate forum, if so advised…….(54) Cases Referred to- Government of Bangladesh, rep..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
....by Md. Nawab Ali, Advocate-on-Record-For the Respondents (In Civil Petition No.1041 of 2009).
Civil Petition for Leave to Appeal No.928 of with No.1041 of 2009.
(From the judgment and order dated the 19th day of February, 2009 passed by the High Court Division in First Appeal (FA) No.42 of......e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
......pondents (In Civil Petition No.928 of 2009).
Md. Nurul Amin, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondents (In Civil Petition No.1041 of 2009).
Civil Petition for Leave to Appeal No.928 of with No.1041 of 2009.
(From the judgment and order dated the 19th..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....Unless cognizance is taken, the FIR named suspected persons are not accused before the court in the eye of law. Non-existent case can not be quashed When no criminal case exists before the date of taking congnizance, the question of quashing such a non-existent criminal case by invoking s......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ......titioner 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 quashment before submission of the charge-sh..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
....nder Section 526 of the Code of Criminal Procedure was issued calling upon the opposite-party to show cause as to why the Sessions Case No.414 of 2005 arising out of Tejgaon Police Station Case No.41 dated 11-11-2002 under Sections 395/397 of the Penal Code, now pending in the Court of Special Sessi...... the issuance of the Rule the presiding Judge of the Special Sessions Judge and Poribesh Appeal Adalat, Dhaka was directed to explain his position within 2 (two) weeks from date of the receipt of the notice as to why the argument of the case and the trial has not been concluded within last 2 (two) y......strate is necessary………(9) Explanation and assertion by the learned Judge is not only surprising; but it also shows the inefficiency and in capability of the said Judge to perform the judicial work. If explanation of the learned Judge is accepted, then it is clear that ..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....ngir, Advocate-on-Record—For the Respondent No. 1. Not Represented—Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.1816 of 2010. (From the Judgment and order dated 13-11-2008 passed by the High Court Division in Writ Petition No.6488 of 2008). Judgment ......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. ......rs Vs. Md. Nasir Hossain…………………………………………......Respondents Judgment December 2, 2012. Result: This civil petition for leave to appeal is dismissed. The SA and RS records are not an evidence of title and a r..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
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