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Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)

....opolitan Magistrate, Chittagong so far it relates to the accused-petitioner Md. ShafiquI Alam, should not be quashed or any 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......inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ..

Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4

Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)

....submits that the adjourned agenda, regarding election of director in the 33rd Annual General Meeting (AGM) held, on 29-7-2011 could not be held and the said AGM has not yet been concluded. In the meantime one Syed Bazlul Karim filed Title Suit No.319 of 2011 before Senior Assistant Judge and 4th Cou......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ..

Category: Company Law | Date: 9 Jan, 2013 | Hits: 13

Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)

.... 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 of th...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218.  ..

Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10

Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)

....ase No. 3 of 2009) framing charge under section 406 of the Penal Code, should not be quashed/set-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...... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230     ..

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)

.... Judge also passed an order of ad-interim injunction. On receipt of the show cause notice, the defendant-petitioners entered appearance in the suit through their lawyer on 11.07.2012 and prayed for time for filing written objection and written statement. On such prayer, the next date was fixed on......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)

....: — "Mandatory requirement of sanction of the commission for filing case.— (1) Not­withstanding anything contained in the Code of Criminal Procedure or any other law for the time being in force, prior sanction of the Commission shall be necessary for filing case under this ......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)

....affidavit in opposition denying all the materials allegation as made in the Income Tax Reference Applications, while the learned Advocate Mr. Tanjib-ul-Alam, represented the Assessee-Applicant at the time of hearing of the instant Income Tax Reference Applications. 9. The learned Advocate Mr. Tan...... 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)

....Bank Limited "to encash the FDR as per request made, vide letter dated 27th December, 2011, by the Managing Director of the respondent No.1 company, and to adjust the loan (if not adjusted by this time in any other manner) and to disburse the FDR proceeds amongst the three FDR holders, in equal ......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)

....ch 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 in the meantime filed a case against the petitioners company under section 6(2) 31, 32, 35, of the VAT Act, 199......Court is hereby recalled and vacat­ed. Communicate at once.         Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94.   ..

Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6

Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....use 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 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 stay......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

Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)

....on of marriage, the accused went to Saudi Arabia to work and stayed there for 2 years. Thereafter, he returned home and the couple was blessed with a son, named Nazmul Islam aged about 4 years at the time of the occurrence. The accused used to beat his wife now and then on the ground that his wife u......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. ..

Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6

Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)

....ity Rules, 1983. The government i.e. the contemnors have to be given a specific decision in respect of fixing seniority of the non-cadre family planning offi­cers appointed after 1985 at the time of their encadrement in keeping with the Seniority Rules, 1983. In doing so if the government c......sts of Upazilla family planning officer as cadre posts (Annexure-"VI"). Thereafter, another letter was issued by Finance Division on 8-6-2011 in which Finance Division have fixed up the pay scale of 250 non-cadre posts of Upazilla family planning officers and to include those posts in the ..

Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4

Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)

....mentioned FIR case were stayed. 3. Facts necessary for disposal of the rule are that the accused-petitioner Md. Sadek Hossain was the Administrative Officer of Housing Estate, Chittagong, at the time of occurrence, and he also served in various positions at dif­ferent working stations. He r......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.     ..

Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4

Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)

....led 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 restoring those of the t...... 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)

.... 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 restoring those of the tr...... 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)

....d Poribesh Appeal Adalat, Dhaka should not be transferred to any other competent Court and/or pass such other or further order or orders as to this Court may seem fit and proper. 2.  At the time of the issuance of the Rule the presiding Judge of the Special Sessions Judge and Poribesh Appe...... 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

Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....রিষদ) and Executive Council (কার্যনির্বাহি পরিষদ) 4. The powers and functions of the General Council is constituted with the founder, general and life time members; and amongst others, it is to hold election of the Executive Council in every 3 (three)......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139     ..

Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6

AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)

....t 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 the respondent No.2, Commissioner of Customs, Customs Ho...... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ..

Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2

Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)

....ve from Court to defend—The scheme of Order XXXVII is sum­mary one and a departure from the procedure provided for ordinary suit. In the instant case there being no application filed within time mentioned in the summons, the question of granting leave does not arise. On the failure of the ......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)

....rder of the Ministry of Health and Family Welfare vide Memo No.Jana Sastha-1/Homeo-4/93/28 dated 25-1-1999. After completion of necessary formalities these 7 (seven) petitioners were selected as part-time teachers of the said college provisionally without pay. The order of appointment of the writ pe...... the Government Homeopathic Degree College and Hospital, Mirpur, Dhaka. 16. The Ministry of Finance formally approved the said 24 posts stating the conditions / basis of such appointment and pay scale of the incumbent. The said approval was communicated under Memo No.AM/Abi (Basta-4)/Be: Ske (S..

Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4