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Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.... 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. ......when the victim along with his brothers was returning home after working in their field, which is situated towards the southern side of Mirzapur C & B road, the appellants trespassed into their land with deadly weapons, assaulted the informant, (P.W.3), Muslem Mia (P.W.11) and the victim Sukk......onnection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ......g materials on record certainly prejudiced them. True, every error or omission in complying with the requirements of section 342 does not necessarily vitiate the trial, some errors are curable. The question whether the trial of the accused has been vitiated depends in each case upon the degree o..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
.... 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 ...... 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 ......t and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ...... 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)
....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. ......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. ...... this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ......nd dispose of the miscellaneous appeal itself within the time given. 7. In view of the submissions of the learned Counsel of the respective party and the nature of the impugned order, the only question to be decided in this leave petition is as to whether the High Court Division was correct ..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Anti-Corruption ComÂmission 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. ......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. ......cordance with law. The petition is disposed of with the above observations. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 97. ......be treated exactly as if they were in the Act. In other words, if validity made the Rules are to be given the effect as the provisions of the Act……………..(8) The question of validity of subordinate legislation depends on the vires of the Rules made by the R..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)
.... 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: ...... 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: ......osed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ...... Income Tax Reference Applications being Income Tax Reference Application No.211 of 2011 and 212 of 2011 have been heard together, as both the reference applications involve identical facts and legal question. 2. Having failed to convince the two lower appellate authority about the tax liability ..Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
....isregard of section 26 of the VAT Act 1991 as it was in the relevant time apprehended the factory premises of the petitioner and seized the necessary papers and documents that was kept under the possession and control of the petitioner and found an evasion of VAT and made the demand in question......Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ...... at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ......he factory premises of the petitioner and seized the necessary papers and documents that was kept under the possession and control of the petitioner and found an evasion of VAT and made the demand in question (Annexure-F). It would be profitable to quote here section 26 as it was before amendment:&m..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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 ......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 ......alled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138 ......d others.................Respondents Judgment December 6, 2012. Result: The Rule is discharged. Whether Writ Petition is Maintainable against the Private Bank- The question is no longer a res Integra, it’s a settled issue. The writ petition is not maintainab..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
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. ......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. ...... the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......on, 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 used to lead an immoral life and she was a woman of questionable character. Milon Akhter (deceased) used to live in the same mess with her husband, fath..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... 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. ...... 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. ......le is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ......anning officers as cadre posts in BCS (Family Planning) cadre by fixing seniority to newly encadered officers with effect from 11-9-1995 incompliance of judgment of High Court Division. Thus the question of contempt of Court by contemnors does not arise at all. 19. Contempt-petitioners als..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
....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.
......d the fact that the suit was filed as back as on 11-9-1984 and defendant No.8 filed the application for holding local investigation after cross-examination of the 3(three) witnesses of the plaintiffs land thus took dilatory tactics to delay the disposal of the suit.
15. In the above context, we......suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
......h day of February, 2009 passed by the High Court Division in First Appeal (FA) No.42 of 2006)
Judgment
Md. A Wahhab Miah J. - In these two leave petitions, parties being the same and common question of law being involved, they have been heard together and are disposed of by this common jud..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....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. ......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. ...... and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ......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 section 561A of the Code of Crimi..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....ioners herein as the plaintiffs instituted Title Suit No.84 of 1998 against the defendants in the First Court of Joint District Judge, Narayanganj with prayer for declaration of title and recovery of possession. The plaintiffs' case, in brief, is that the entire land of CS Plot No.158 measuring 0.93......1998 against the defendants in the First Court of Joint District Judge, Narayanganj with prayer for declaration of title and recovery of possession. The plaintiffs' case, in brief, is that the entire land of CS Plot No.158 measuring 0.93 acre including the land of the 'ka' schedule measuring 0.14 ac......ition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......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)
....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 ......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 ......on. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ......reconstitution is made under sub-section (3) may appeal to the Government, within thirty days from the date of such order, and the decision of the Government shall be final and shall not be called in question in any Court.” 10. Under the said provisions the registration authority is autho..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
.... 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 ...... 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 ...... This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ......rit Petition Nos.7410 with 8900 of 2012. Judgment Md. Ashfaqul Islam J. — Both the Writ Petitions are taken up together and disposed of by a single judgment as there involved a common question of law and fact. 2. In both the writ petitions, the Rule was issued asking the respond..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 ......supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179 ......cheme 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 defendant to obtain the Court's..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)
....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. ......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. ......ereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ......1 referring to the decision of the Central London Property Trust Ltd Vs. High Trees House Ltd. (1947)1 KB 130 this Division held that the Government's decision on agreement to release the Mill in question cannot be changed with a belated plea that the decision had been revised by the Government ..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. ......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. ......ls are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......e that the respondent of Civil Appeal No.327 of 2008 as writ-petitioner (hereinafter referred to as the petitioner) filed Writ Petition Nos. 459 of 2005 before the High Court Division calling in question the order of punishment dated 30-11-1997 passed by writ-respondent No.2, appellant No.3 her..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....ferred to Tribunal No.1 of the Bangladesh Bar Council for disposal. 3. The case of the complainant-appellant in brief is that his father was an Advocate and that he and his brothers have been in possession of the property of Ramnagar Mauza along with different properties by way of inheritance. ......se No.235 of 1997 was filed by the appellant and his brothers before the Assistant Settlement Officer, Dagonbhuiyan, Noakhali praying for correction of recent survey map in respect of their inherited landed property. The objection case was fixed for hearing on 03.06.1997 but the appellant being unaw......d. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......ordance with law and it is not liable to be set aside. The respondent No.1 committed gross professional misconduct and the judgment and order of the Tribunal was passed in accordance with law and the question of writing the word "Advocate" before becoming an Advocate and the observation th..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....wer Rules 2007. It has been alleged in the F.I.R, inter alia, that the petitioner gained a total of Tk. 13, 75, 223 out of her known source of income and she, intending to keep the said amount in her possession, provided false and baseless information to the ACC and thereby committed offence under S......e petitioner concealed Tk. 9, 01,287 in her wealth statement. 8. The ACC failed to discover through its investigation that the aforementioned house was built jointly with other co-owners of the land on which the said house was built. Furthermore, the said amount was shown in the Income Tax Ret......tant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......tory, failure to comply with which are not to be treated to be fatal. 32. Whether a particular command, expressed in a primary or secondary legislation, conveys mandatory direction or not, is a question of construction. In resolving the dichotomy, we are required to detect the intention of the..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 ......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 ......e Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......g, Senior Advocate with Md.Khurshid Atom Khan—For the Opposite-Party No. 2. Criminal Revision Case No.01 of 2013. Judgment Abdul Awal J.- In this revision application two crucial questions are involved. (i) Whether the proviso of section 188 of the Code of Crimina..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
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