Search Options
Judgment Advanced Search
Displaying 261-280 of 7097 results.
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
....ip;………………Opposite-Parties Judgment February 10, 2013. Result: The Rule is discharged. Accused shall rebut presumption Under the provisions of section 27(2) an accused shall have to rebut presumption about the allegation and expl......alf of the accused-petitioner, submits that the Deputy Director of the Anti-Corruption Commission issued notice under section 26(1) of the Anti-Corruption Commission Act, 2004 without having any lawful authority and, as such, the proceeding initiated thereunder has become vitiated. It is stated..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ......dents to show cause as to why the notification dated 2-2-2011 so far as it relates to Serial No. 1 declaring of Sarwar Kamal as Mayor of Cox's Bazar Pourashava should not be declared without lawful authority and is of no legal effect as it alleged to have been in violation of Section 32(1 )..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)
.... guarantee for the difference between the invoice value and the value that was determined by the Customs authority. In compliance of the interim order, the petitioner reportedly released the goods on provisional assessment. Facts necessary for disposal of the Rule, in brief, are that the petition......r the purpose of determination of minimum value of Brazil origin white sugar the Customs authority had referred the matter to an assessment committee. Constitution of any such committee is unknown to law and as such the impugned assessment on recommendation of the assessment committee is without law..Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... or any other officer subordinate to the Government." 16. Keeping in mind the settled propositions of law outlining the principles for quashing a proceeding and the relevant provisions of law of the Anti-Corruption Act, 1957, we have gone through the FIR, charge-sheet and o......orruption Act, 1957, and in that view of the matter the notice issued under section 5(2) of the Anti-Corruption Act, 1957 by the Bureau of Anti-Corruption was not valid and legal notice in the eye of law, and on that score, the impugned proceedings initiated against the accused-petitioner on the bas..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
.... the prosecution case. 13. Now it may be seen whether those allegations attract the criminal offences under sections 26(1) and 27(1) of the Anti Corruption Commission Act, 2004. Those penal provisions may profitably be quoted below: “২৬। সহায় সম্পত্ত......cement of trial would amount to stifling the proceedings before the prosecution got an opportunity to bring evidence in support of the accusation." 19. It is also a settled position of law that the defence materials as submitted by the accused-petitioner cannot be considered in a quas..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....dge under section 344 of the Code of Criminal Procedure for staying the proceeding of the case. 39. In the said application it was stated that the prosecution had not complied with the provision as laid down in section 188 of the Code of Criminal Procedure. Thereby, no sanct....... Thereby, no sanction was accorded of the Government to initiate/inquiry into the allegation or for the trial and therefore the initiation/inquiry and trial, if any, is not the inquiry in the eye of law. It was also stated that no offence was committed under the Singapore law; thus, the proceeding ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
....ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339. ...... that there was no proper committee for management of the debutter property. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appea..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......he writ petitioner or that he was terminated consequent thereto. The Mills did not require his service, hence under authority of section 26 (Kha) of the Bangladesh Labour Act, 2006 the petitioner was lawfully terminated from service. The power given under the law to terminate the service of a worker..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....have found authenticity on submission of Mr. Uddin. Therefore, the submission of learned Assistant Attorney-General has no leg on stands. However, for our better understanding we have scrutinized the provision of section 6 of the Bangladesh Passport Act, 1973. Section 6 provides that:— &q......pondents to deliver the machine Readable Passport in favour of the petitioner bearing "Delivery Slip" with Enrolment ID MRP 2601 00000327956 should not be declared to have been made without lawful authority and as to why the respondents should not directed to deliver the Machine Readable P..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....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 ......lam, is hereby quashed. Stay order passed in connection with this Rule stands vacated. The learned judge of the trial Court shall proceed with the Case against another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. ..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....s have filed the 2 separate suits at the behest of the interest quarter only to defer holding the election to the great prejudice of the company and other parties as well as frustrating the statutory provision of law requiring retirement of director rotation as well as to hold, the Annual General Me......the 2 separate suits at the behest of the interest quarter only to defer holding the election to the great prejudice of the company and other parties as well as frustrating the statutory provision of law requiring retirement of director rotation as well as to hold, the Annual General Meeting of the ..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
....refore, if the charge remains vague, the necessary ingredients of the offence to which the accused is convicted are not brought out or if the place and time of occurrence have not been brought with provision, obviously the charge will be defective. Failure to state that fact would render the tri......…(15) This examination and reply to the examination can be taken into consideration in judging the innocence of the accused or guilt to the charge. Therefore, there is no gainsaying that law enjoins upon the court the duty of placing before the appellants the circumstances, appearing ..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....hat there is no fact in the allegation to attract any ingredient of the offence punishable under section 406 of the Penal Code. But the learned Magistrate illegally framed charge under the said penal provision which got affirmation by the learned Sessions Judge, who passed the impugned judgment and ......any section on the basis of a separate application. It is submitted that re-starting of the case merely by putting a new number i.e. CR Case No.3 of 2009, is illegal and it violated the procedural of law and, as such,, the proceeding is nothing but an abuse of process of the Court. It is submitted t..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. ......s prayed for. The learned Assistant 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 suc..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)
....hey shall for all purposes of construction or obligation or otherwise, 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 ......nbsp; Result: The petition is disposed of with observations. The Anti-Corruption Commission Act, 2004 (Act No. V of 2004); section 32 Relationship between parent law with subordinated legislation When there is conflict between the parent Law and this Rule, ..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)
....y expenses, carriage, stationary, and Bad Debt, when the said amounts have been expended for the purpose of the business of the Assesse-applicant and hence it is entitled to get a deduction under the provision of section 29(1) (XXVII) of the Income Tax Ordinance 1984. &n......t case the Assesse-applicant has shown an excessive expenses in respect of stationary, carriage, utility charges, publicity expenses and also in respect of bad debtand therefore the concerned DCT has lawfully disallowed the expenses under the provision of section 29 of the Income Tax Ordinance 1984 ..Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....company. Pursuant to the issuance of the notice, the respondents filed an application under Order 7 Rule 11 of the Code of Civil Procedure for rejection of the petition on the ground that there is provision in the Articles for resolving the dispute among the share holders as per provision of the......liability". It is against this direction, the petitioner moves this leave petition. 4. Mr. Mainul Hosein learned counsel appearing for the petitioner submitted that the Company Court erred in law in directing encashment of the FDR which stands in the personal name of the petitioner and the ..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
....ppellate Tribunal & others.............Respondents Judgment December 10, 2012. Result: The Rule is discharged. Section 26 of the VAT Act contemplates a situation and made provisions for combating the same. Of course the provision should be followed meticulously in its tr......and affirming the order No. 64/Musak 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 shor..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. ...... 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, father-in-law, mother-in-law, brother-in-law, elder brother-in-law and son. The informant used to live on the ..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....ey were not in service in 1985 while such discrimination had taken place. Thus, if the government decides to encadre the officers appointed after 1985 their seniority shall have to be fixed under the provision of the BCS Seniority Rules, 1983 as observed by High Court Division. 11. Contemnor No...... have to be followed in determining seniority of the said non-cadre officers appointed, after 1985 and in that score if anyone is aggrieved by the decision of the government may take recourse of law in an appropriate forum, if so advised…….(54) Cases Referred to- Go..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
88229637836893999352895185818351964191098777862196468609871783708594911188459630