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National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....rson shall, overtake the limits and similarly, the High Court Division does not have power to take cognizance of any petition which trespasses into the areas which is reserved to the executive and legislative by the Constitution………………(12) Parameters to entertain a PIL: ...... Now-a-days, it is noticeable that a group of lawyers have developed a tendency of filing PIL petitions on behalf of persons or organisations challenging the propriety of the Government in taking decision relating to policy matter, its development works, Orders of promotion and transfer of publ..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ......limitation as raised by Mr. Md. Nurul Amin the learned advocate for the petitioner is misconceived I hold that the suit was not barred by limitation. 20. Let us take up the second point for decision as raised by Mr. Md. Nurul Amin as to whether the suit is barred under Order VII Rule 7 of ..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
....oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......r. AKM Badrud-duza, appearing for the petitioner, having placed the application, submits that the aforesaid notice was issued for calling an EGM although the Board of directors has not taken any decision to call any EGM for amendment of article 14 and Article 26 and, as such, the said notice wa..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......nder contracts No. 09689 and 09690 dated 16-1-2008 and the respondents to refund the deducted Advance Income Tax (AIT) to the petitioner, which may be raised for consideration and an appropriate decision can be arrived at. 26. Here it is beneficial to refer to the judicial pronouncement of..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......ds. It follows, therefore, that such court or tribunal may be acting without or in excess of jurisdiction if this condition is lacking when a tribunal acts without or in excess of jurisdiction, its decision. This sort of order tantamounts to undermining the authority of the learned Magistrate by t..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......d Mr. Mapjur Kader, learned Assistant Attorney General appearing for the State submits that on inquiry the learned Magistrate, 3rd Class, found a prima-facie case against the accuseds. By referring a decision he also submits where a prima facie case of criminal offence has been clearly made out, the..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......nst the mother of this defendant, Kaniz Fatema as defendant. The suit was dismissed on 28-6-1957, against which Title Appeal No.120 of 1957 was filed. Appeal was dismissed on 5-11-1957. Against which decision plaintiffs of that suit filed Appeal from Appellate Decree No.195 of 1958 before the High C..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....t is the experience of history”, he said, “ that power tends to be abused, so power must be used to check power”. The guarantee against its misuse lies in establishing mutual checks between the legislative, judicial and executive functions . The paradigm example of Montesquieu's doctrine in th...... 226 of the Constitution of India challenging his committal and he prayed for bail. Two learned Judges of the Lucknow Bench of the High Court ordered that Keshov Singh be released on bail pending the decision on the writ petition. The Legislative Assembly passes a resolution requiring the production..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Nalu Vs. State, 2012, 41 CLC (AD)
....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......t a form of punishment that may never be imposed, regardless of the circumstances of the offence, regardless of the character of the offender, and regardless of the procedure followed in reaching the decision to impose it.” While writing the minority opinion Justice Brennan stated as und..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
.... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ......e Rule contending, inter alia, that as the Secretary General resigned, the President on 7th November, 2008 convened an emergency meeting with the members available in Dhaka which meeting endorsed his decision in appointing the Joint Secretary as the Secretary (in charge) and gave authority to her to..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
....lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
...... or section 6A of the Act, 1958 in case of failure to oblige the “time-limit” as such the accused cannot derive any benefit out of it. In support of this view, we may safely rely upon the decision of the case reported in 1993 BLD (AD) 11 ”
11. We are also in agreement with ..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......s General Secretary and defendant Nos.6 and 7 were shown as members of the Executive Committee. That the said newly formed committee was absolutely illegal and the plaintiff was not bound by any decision taken by that illegal committee. That the plaintiff raised an objection against the activit..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
.... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ...... is made absolute. It is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be settled only upon taking evidence and further in terms of the decisions of the superior courts, a litigant should not suffer for wrong advice of his learned Lawye..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......ing the order passed by the respondent No. 2 rejecting the prayer for addition of party holding inter alia that the petitioner bank does not have any locus standi to be added as party relaying a decision reported in the case of Palli Daridra bimochon Foundation Vs. Palli daridra Bimochon Founda..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ...... amongst others, that 15(fifteen) Ship Handling Operators would be working on rotational basis at the mooring/outer anchorage other than the newly demarcated 12(twelve) berths. 12. The said decision, as contained in resolution No.10 (Ga) of the minutes of the meeting dated 21.05.2007, had..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......rd in that case, has found the confessional statement untrue and not voluntarily, in that case, and, as such, held that it cannot be used against the accused-appellant or against the co-accused. This decision cited by the learned Advocate: for the petitioner is not applicable to the facts and circum..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ...... voters twice or thrice. The voter list prepared by the Bar Council on the basis of the lists of members of different Bar Associations is illegal. It has further been stated that election is a formal decision making process which cannot be allowed to be frustrated by an election of the national..Category: Others | Date: 18 Jun, 2012 | Hits: 7
....ment of the High Court Division is accordingly modified and the appeal is disposed of in the light of the above observations. No costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 740.
......in the revenue budget, the LGED shall absorb/transfer an employee or officer from the development project mentioned in clause (1) to fill up that post in accordance with Rules of 1985 and the ECNEC'S decision dated 10th January, 2008.
(iii) An officer or employee shall be absorbed if she was appo..
Category: Employment/Service Law | Date: 18 Jun, 2012 | Hits: 130
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
.... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ......ourt has similar power like that of the trial Court and the appellate Court in appropriate cases can obtain additional evidence including taking opinion of the handwriting expert to come to a correct decision. Such initiative of the appellate Court is within its jurisdiction and is not an access to ..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ...... 28-1-2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.110 of 2004). Judgment Syed Mahmud Hossain J.- This civil petition for leave to appeal is directed against the decision dated 28-1-2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.110 of ..Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390
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