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Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....r award passed there under against the plaintiff, C. Award costs to the plaintiff and against the defendant, and D. Grant such other or further relief or reliefs as may be deemed fit and proper." 3. In the suit, the plaintiff filed an application under Order XXXIX rules 1 and...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmunara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Gulf Air Company GSC and another ....................Petitioners Vs. Travel Trade Ltd. and others................... No.1 in Singapore bearing reference No.18477/CYK with the defendant No. 7 as Sole Arbitrator and/or any other arbitrators), the continuation thereof and any order or award passed there under are illegal, void and not enforceable against the plaintiff, B. Pass a decree of permanent injuncti..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
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: ......s also Reported in: ......th the 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 liab..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)
.... same. Of course the provision should be followed meticulously in its true spirit and purport. If there occurs any deviation in terms of such on 26 of the Act then certainly that can be remedied in a proper forum as it has been done in the instant case by the respondent No.1 Appellate Tribunal. ......) Present: Md. Ashfaqul Islam J Md. Badruzzaman J TLRA Holding Ltd………………………Petitioner Vs. Customs, Excise and VAT Appellate Tribunal & others.............Respondents Judgment December 10, 2012......k 2002 dated 2-11-2002 (Annexure-F) in Nothi No.4/Musak/8(81)/Kohinoor/Aniom/Bichar/ 2001/568(3) dated 30-10-2001 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is that the petitioner is a busi..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....st the petitioner. However, the petitioner thereafter received a copy of the auction notice dated 31-3-2010 (Annexure-A) issued by the respondent Bank regarding the auction sale of the mortgaged property of the petitioner without giving him any prior notice or without any decree from the A......rt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Muzibul Haque (Md.)..........................Petitioner Vs. Bangladesh and others.................Respondents Judgment December 6, 2012. Result: The R......e 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 without lawful authority and is of no legal effect. 2. At the time of issuance of the Rule, the impugned auction notice dated 31-3-20..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
.... they were following the movements of the deceased......their act of commission of murder was premeditated, cold-blooded and so brutal that they deserve no mercy and justice demands adequate and proper punishment which has been awarded". 21. In the instant case the High Court Division......vict 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 is not due to any fault of the convict and where the period spent there is inordinately long, it may be considered as an extenuating ground......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)
.... after 11-9-1995 in the posts of Family Planning Officers pursuant to the impugned Rules (Vide Annexure C-2and F) and or such other or further order or orders passed as to this Court may seem fit and proper." 40. The said Rule was contested by the government and the present contempt p......2013) 485. ......Family Planning) cadre officers, Both the acts of the Director General have been done to favour non-cadre departmental officers who had lost in the writ petition. Respondent No.4 had done all those illegal acts only to frustrate the judgment and order of High Court Division dated 8-12-2009 which is ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
....009 as plaintiffs filed Title Suit No.285 of 1984 (name of the Court not available from the record) against the respondents impleading them as defendant Nos.1-13 for partition of the ejmali immovable property. Subsequently, the suit being transferred to the Court of Sub-ordinate Judge, Second Court,......yed Mahmud Hossain J
Md. Imman Ali J
Ramala Khatun & another........................................Petitioners
Vs.
Baitul Aman Co-operative Housing Society Ltd. and others.......Respondents (In Civil Petition No.928 with 1041 of 2009)
Judgment
Decembe......n was served upon the learned Advocate for the defendants. However, the trial Court on hearing the application ex-parte fixed 25-3-2004 for examination of the defendants' witnesses in default to take legal step (in Bengali it has been written (আইনানুগ ব্যবস্থা). Oh this..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....ion of Corruption Act, 1947, now pending in the Court of Chief Metropolitan Magistrate, Chittagong, should not be quashed and/or pass such other order or orders as to this Court may seem fit and proper. 2. Pending hearing of the rule, all further proceedings of the above mentioned FIR case...... Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Sadek Hossain (Md.)……………............................Petitioner Vs. State and another...........................................Opposite-Parties Judgment December ......ance with each other by abusing official power. It has been alleged that plot No.2/B, Lane-5, 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 Commis..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.... of Special Sessions Judge and 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 Ses......ce with law to ensure the presence of the Magistrate in order to examine him now he has taken the plea that examination of the said Magistrate is necessary………(9) Explanation and assertion by the learned Judge is not only surprising; but it also shows the inefficiency and in......d of. When examination of the Magistrate is necessary For the interest of the justice, if the learned judge feels that the examination of the Magistrate is necessary, he should take all the legal steps to secure his presence. Without taking any steps in accordance with law to ensure the pr..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....r possession thereof. The registered deeds of sale dated 8-3-1926 and 2-3-1948 are false, fraudulent and ineffective. Alfat Bepari died leaving behind seven sons and two daughters; they inherited the property and possessed the same jointly. After that, they made a mixable partition. Abdul Jabbar, pr......……………………………......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 registered document will prevail upon the records ......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)
....uch opportunity to the agency of being heard as it thinks fit, make a report thereon to the Government. (2) The Government, if satisfied after considering the report that it is necessary or proper to do so, may order that the agency shall stand dissolved on and from such date as may b......n (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Advocate Taimur Alam Khondaker.........................Petitioner Vs. Bangladesh and others...................Respondent Judgment November 29, 2012. Resul......ি-১/২০১২/কানিপানি/১৫/১২ dated 16-5-2012 (Annexure-I) issued by the respondent No.3 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The issue revolves around the instant Rule Nisi is whether the Deputy Director..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 ......eported in: 65 DLR (HCD) (2013) 196 ......ssment and release of the petitioners' imported goods under different Letters of credit and different Bills of Entry should not 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 R..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. ......e Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and others.................Appellants Vs. Dr. Md. Nazrul Islam Bhuiyan and others.......... their services would be regularized since they have been serving in the college for the last 7(seven) years continuously without pay. The action of the writ respondents have taken away the legal right of the writ petitioners to be regularized as Assistant Professors of the said college. ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....nding, inter alia, that in August, 1997, some unruly staff of the BPATC tried to disrupt its regular activities by making procession, shouting slogans, blocking the front gates, ransacking the office properties, misbehaving with the authority and placing illegal demands. An enquiry was conducte......ate Division (Civil) Present: Md. Muzammel Hossain CJ Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and others..............Appellants (in both cases) Vs. Hamento Kumar Barmon.....................ed 18-1-1998, vide annexure-T to the writ petition and final appellate order dated 24-8-2004, vide annexure-'L' to the writ petition to have been issued without lawful authority and are of no legal effect and also for a direction upon the writ-respondents to re-instate him in service with al..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....to be construed with reference to the subject matter and context wherein the term occurs. According to Black's Law Dictionary 'misconduct' means "A dereliction of duty; unlawful or improper behaviour." Affirmative misconduct means an affirmative act of misrepresentation or conc......Syed Mahmud Hossain J Muhammad Imman Ali J Esrarul Huq Chowdhury…………………...................Appellant Vs. Md. Amir Hossain, Advocate and another…......Respondents Judgment November 28, 2012. Result: The app......ent, the Advocate has to adhere to a standard of conduct which is befitting of his status and responsibility……………(24) In most jurisdictions, the members of the legal profession are conferred the status of privileged members of the community and occupies an exc..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....Emergency Powers Rules 2007, now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this court may seem fit and proper.” 2. Averments figured by the petitioner, in his application invoking ...... The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Government of the Peoples Republic of Bangladesh, Bangladesh Secretariat, Ramna Dhaka and others, unreported, Writ Petition No.7245 of 2008; Khawja Nazir Ahmed Vs. Emperor 1945 DLR, PC 1......tion 561A of the Code of Criminal Procedure, reckoning that invoking criminal jurisdiction would be more apposite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Repor..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....nbsp;of the Prevention of Money Laundering Act, 2009, so far the petitioner is concerned, should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 5. Record of the case need not be called for. 6. This Rule is made returnable with...... Court Division (Criminal Revisional Jurisdiction) Present: Abdul Awal J Md. Faruque J Giasuddin-al-Mamun.............................Accused-petitioner Vs. State and another…………….....................Opposite-parties Judgme......e accused-petitioner could not give answer about that amount. 10. The learned senior Advocate Mr. Moudud Ahmed, appearing with Mr. AM Mahbubuddin on behalf of the accused-petitioner submits that legality of the proceeding of the instant case by the co-accused Tarique Rahman was challenged befor..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....y actions against them should not be declared to have been made without lawful authority and are of no legal effect and or pass such other or further order or orders as to this court may seem fit and proper". 2. Averments figured in the Rule generating instruments are described below in br...... Hasan Foez Siddfque J ABM Altaf Hossain J Fazlul Haque (Md.)…………………………Petitioners Vs. Bangladesh and others..................Respondents Judgment November 22, 2012. Result: The ......ai Tarapur Sarderbari Registered Primary School, Mymensingh Sadar, Mymensingh to take disciplinary actions against them should not be declared to have been made without lawful authority and are of no legal effect and or pass such other or further order or orders as to this court may seem fit and pro..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....here were two alternative methods. Pursuant to an application filed by the parents and guardians of the English medium students, the Director-General of Health Services, the concerned authority, upon proper scrutiny of the same, responded with due alacrity. After receiving the legal notice, the resp...... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh & others .............Petitioners Vs. Md. Ghulam Mustafa and others…………....Respondents Judgment November 22, 2012. ......titioners herein to show cause as to why the admission test for MBBS and BDS for the session 2011-2012 held on 30-9-2011 shall not be declared to have been taken without lawful authority and is of no legal effect. In the writ petition, a direction was also sought for upon the writ-respondents to pro..Category: Others | Date: 22 Nov, 2012 | Hits: 20
MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
....conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ...... (Criminal Miscellaneous Jurisdiction) Present: M Enayetur Rahim J Md. Akram Hossain Chowdhury J MA Motaleb Bhuiyan.....................Accused-Petitioner Vs. State and another……………………………&......one; apart from this the Vacation Bench passed the impugned judgment without complying the mandatory provision of Section 367 of the Code of Criminal Procedure as such it can not be said that it is a legal judgment and thereby, there is no bar to re-call the signed judgment and order and to re-hear ..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
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