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Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)

....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.  ......hbubar 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, 2012 passed..

Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8

Anti-Corruption Com­mission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)

....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. ......on-Record—For the Petitioner. Munsurul Haque Chowdhury, Senior Advocate, instructed by Mvi Md. Wahidullah, Advocate-on-Record—For the Respondents. Criminal Petition for Leave to Appeal No.326 of 2009. (From the judgment and order dated 9-8-2009 passed by the High Court Div..

Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6

Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)

.... Bayer Crop Science Limited, Abedin Tower (2nd and 3rd Floor), 35 Kemal Ataturk Avenue, Banani, Dhaka, represented by its Vice President Md. Billal Hossain……....Assessee-Applicant. Vs. The Commissioner of Taxes, Companies Circle-18, Taxes Zone-6, Dhaka…..Opposite party Judgment Ja......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 of Commissioner of Taxes (Appeal) when adjudicating any two or more appeal arising out of the assessment order passed by the a..

Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85

Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)

....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. ......am 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 the High Court..

Category: Company Law | Date: 12 Dec, 2012 | Hits: 30

TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)

....Bangladesh on paying of all the VAT and other taxes regularly. 3. At a tip-off a team of the Preventive Officer of Customs, Excise and VAT Commissione-rate, Dhaka (North), being empowered by the Commissioner of the said officer went to the facto­ry of the petitioner at 13-00 hours on 14-10-......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

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

....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. ......mdash;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 Criminal Appeal No, 786 of 2003 and Jail Appeal Na 191 of 2003). Judgment Muhammad Imman Ali J. - T..

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

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

....e decision of the government may take recourse of law in an appro­priate forum, if so advised…….(54) Cases Referred to- Government of Bangladesh, represented by the Deputy Commissioner, Dhaka Vs. Mr. s Anwara Huq, 9 MLR (AD) 253 = 56 DLR (AD) 185; Moazzem Hossain Vs. Stat...... With the above observations and direc­tions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485.     ..

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

Ramala Khatun & another Vs. Baitul Aman Co-operative Housing Society Ltd. and others, 2012, 41 CLC (HCD)

....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. ......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 day of Febru..

Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75

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

....Road No.2, Block-'K' measuring an area of 300 square feet of the Hali Shahar Housing Estate was illegally and fraudulently allotted to the accused Moklesur Rahman, father-in-law of the Deputy Commissioner, Chittagong, Mr. Md. Hasan (accused No.1) in the year 2000 violating order of the Minis...... after his death, Advocate Mahbubul instituted Title Suit No.352 of 1986 and it was dismissed, and sub­sequently an appeal was preferred. When the Misc. Case No.28 of 96, arising out of the Title Appeal, was pending, the accused-petitioners, in connivance with each other, cancelled the previous ..

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

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

.... 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. ......filed by the convict-petitioner and Nos.16-19 of 2012 have been filed by the complainant for reviewing the judgment and order passed by this Division on 12-3-2012 in Criminal Petition for Leave to Appeal Nos. 266-269 of 2011. All these petitions are dis­posed of by this judgment. 2. Facts ..

Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10

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

.... 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. ......n filed by the convict-petitioner and Nos.16-19 of 2012 have been filed by the complainant for reviewing the judgment and order passed by this Division on 12.03.2012 in Criminal Petition for Leave to Appeal Nos.266-269 of 2011. All these petitions are disposed of by this judgment. 2. Facts nec..

Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162

Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)

.... Affairs, Government of Bangla­desh   and   Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474.   ......essions 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 Sessions Judge and Poribesh Appeal Adalat, Dhaka should not be transferred to any other competent Court and/or pass such other o..

Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3

Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)

....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. ......han Saiful Huq, Advocate, instructed by Chowdhury Md. Zahangir, 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 ..

Category: Property Law | Date: 2 Dec, 2012 | Hits: 35

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

....ternatively, with the approval of the Executive Council it may constitute 3 (three) members Election Commission with those who are not the members of the Federation. There shall be one Chief Election Commissioner and 2(two) Election Commissioner. The foremost duty of the Election Commission is to de......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)

....f 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 House, Chittagong for assess­ing and release the goods covered ...... 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

Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)

....sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255.     ......­ed by Md. Ibrahim Khalil, Advocate-on-Record—For the Appellant. SM Rezaul Karim, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondents. Civil Appeal No.12 of 2010 (From the judgment and order dated 3-11-2008 passed by the High Court Divi..

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

Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)

....we find no other alternative but to dis­miss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and others..............Appellants (in both cases) Vs. Hamento Kumar Barmon....................Respondents (In Civil Appeal No.327 of 2008) Md. Nurul Islam.................................Respondents (In Civil Ap..

Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12

Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)

.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1.   ......un, Advocate-On-Record-For the Appellant Azizul Huq, Advocate, No.1 instructed by Md. Aftab Hossain, Advocate-On-Record- For the Respondent. Ex-Parties- For the Respondent No.2. Civil Appeal No. 323 of 2008. Judgment Md. Muzammel Hossain CJ. - This appeal by leave is direct..

Category: Others | Date: 28 Nov, 2012 | Hits: 23

Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)

.... without any such extension of inquiry period as provided in Rule 7(2). 16. Rule 7(4) of the ACC Rules provides that if the inquiry is not completed as required under sub-rules (1) and (2), the Commissioner in charge may, if he thinks appropriate, entrust another officer to complete the inquir...... order dated 2nd December 2007 their Lordships were pleased to issue a Rule Nisi coupled with a stay on the operation of the said notice of the ACC. 4. The ACC filed Civil Petition for Leave to Appeal No.183 of 2007 before the Hon’ble Appellate Division against the order of the Hon&rsquo..

Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77

Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)

....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......o. 6286 of 2010 and the Rule Nisi was issued in the writ petition and finally after hearing, the Rule was discharged by judgment and order dated 29-9-2011 and he moved the Civil Petition for Leave to Appeal No.10 of 2011 before the Hon'ble Appellate Division and after hearing the parties Hon'..

Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5