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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

....hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......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)

....ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......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)

.... 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.  ......€Ļâ€Ļ(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)

.... 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     ......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)

....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. ......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)

.... 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: ......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)

....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. ......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

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)

.... 1985 classifying total 464 substantive posts of Family Planning Officers into 230 as Cadre Posts and 234 as Non-Cadre posts (Vide Annexure-C2) and the SRO 463-L/86/ MF(R-V) RR-27/96 dated 13-12-1986 amending the Bangladesh Civil Service Recruitment Rules, 1981 by inserting Part-XXA of schedule 11 o...... 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

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. ......ruary, 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 judgment. ..

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.     ......ting point of criminal case A criminal case starts from the stage of taking cognizance. Unless cognizance is taken, the 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..

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. ......ng (sic) and adequate so far it relates to the fine imposed upon the petitioner but still the sentence of simple imprisonment for a period of 1(one) year is rigorous and the maximum sentence under law. This is unjustified when there is enough scope for exercising discretion by the Court to impos..

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. ......soning(sic) and adequate so far it relates to the fine imposed upon the petitioner but still the sentence of simple imprisonment for a period of 1(one) year is rigorous and the maximum sentence under law. This is unjustified when there is enough scope for exercising discretion by the Court to impose..

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.   ...... 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 presence of the Magistrate in order to examine him now he has taken the plea that ..

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. ...... of rights and that the registered document would remain in enforce unless the same was cancelled by an appropriate civil Court. This finding of the appellate Court is based on proper appreciation of law. 12. The foundation of the plaintiff's case is on the registered Hiba-bil-ewaz deed dated 8..

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     ......o No.āĻŦāĻžāϜāĻžāĻŦāϏ/āύāĻĨāĻŋ-ā§§/⧍ā§Ļ⧧⧍/āĻ•āĻžāύāĻŋāĻĒāĻžāύāĻŋ/ā§§ā§Ģ/⧧⧍ 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 ..

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 ...... 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 respondents to show..

Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2