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Jamat Ali Vs. State, 2012, 41 CLC (AD)

.... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ......d. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Jamat Ali....................................................Petitioner Vs. The State..................................................Respondent Judgment July 23, 2012...

Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70

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: ...... Muhammad Imman Ali J Nalu……………………………………………..Petitioner Vs. The State…………..........................Respondent Judgment July 22..

Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111

Md. Mozaffor Hossen and another Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....d provision of law. In the said police report it has been stated, inter alia, that the Divisional Commissioner had given sanction under rule 19(U)(1) and (5) of the Emergency Rules considering public interest. However, since due sanction as required under section 32 of the Anti-Corruption Ain, 2004 ......fied that there was no intentional laches on the part of the Investigating Officer in concluding the investigation within time as has been prescribed by the legislature. Cases Referred to- State of U.P Vs. Manbodhan Lal Shriastada, AIR 1957 (SC) 1912, Aminul Islam and others Vs. Jains Fin..

Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23

Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)

....61; that the registration authority was very much empowered to suspend the executive committee of the samity and to form an ad-hoc committee under that provision of law and that for the "greater interest of the organization and the beneficiaries, the registration authority rightly suspended the......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. ..

Category: Others | Date: 15 Jul, 2012 | Hits: 6

Marsu Ltd and another Vs. Waliullah, FCA, Partner of M/s. Malek Siddique Wali Chartered Accountant and Receiver of Marsu Ltd, 2012, 41 CLC (HCD)

....is acquitted from the charges brought against him. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ......akistan, Ministry of Law Vs. Judges of West Pakistan, Lahore, 16 DLR (SC) 535; Raizuddin Khan (Md.) Vs.Mahmudur Rahman, 16 MLR (AD) 61 = 63 DLR (AD) 29; Shahidul Haque, Inspector General of Police Vs.State, 58 DLR (AD) 150; Shukh Dev Sing Vs.Teja Sing, AIR 1954 SC 186 ; Moazzem Hossain. Vs. State, 3..

Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5

Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)

....Kumar Saha defaulted to repay the loan, the Bank filed Artha Rin Suit No.147 of 1993 in the Court of Subordinate Judge and Artha Rin Adalat, Sirajgonj against him for recovery of the loan amount with interest. The suit was decreed ex-parte for an amount of taka 2, 57,230.00 by the judgment and decre......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143

Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)

....e port in respect of loading/unloading of cargo has been increased which, in effect is causing huge financial boost in our national economy and since the said system has been introduced for public interest as such, it cannot be overridden for any loss or injury being sustained by any person. He ......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: ..

Category: Others | Date: 21 Jun, 2012 | Hits: 20

Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)

.... circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public or State and Similar other considerations. It has also to be kept in mind tha......ivision (Criminal Miscellaneous Jurisdiction) Present: AKM Fazlur Rahman J Md. Rezaul Hasan J Aslam @ Billal & another.......................Petitioners Vs. State....................................................Respondent Judgment   &..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10

Government of the People’s Republic of Bangladesh Vs. Orex Network Limited and others, 2012, 41 CLC (AD)

....y became abandoned making of gift by Khawaja Md. Zarrar did not change the nature and character of the property as abandoned. Writ petitioner No.1 by his purchase did not acquire any right, title and interest in the case property and because of the said purchase by writ petitioner No.1 the character......al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 20 Jun, 2012 | Hits: 94

Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)

....ion arises when an administrative body by reason of a representation or by past practice or conduct aroused an expectation which it would be within its powers to fulfill unless some overriding public interest comes in the way. Equity has always , True to Form, Stepped in to Mitigate the Rigours......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148   ..

Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3

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.  ......sult: All the cases are disposed of on terms. Cases Referred to- HV Kamath Vs. Ishaque (1955)1 SCR 1104 (1126); AHM Mustafa Kamal Vs. Bangladesh, 61 DLR (AD) 10; Md. Delwar Hossain Vs. State, 2006 BLD (AD) 109; M/s Gannysons Ltd. Vs. Sonali Bank, 37 DLR (AD) 42; AFM Naziruddin Vs. Ham..

Category: Others | Date: 18 Jun, 2012 | Hits: 7

Government of the People's Republic of Bangladesh and others Vs. Md. Harun-or-Rashid and others, 2012, 41 CLC (AD)

....s despite that there was rec­ommendation of the Ministry of Establishment. The authority adopted pick and chose device by resorting to absorbing some employees which is prejudicial to the legitimate interest of the writ petitioners. 3. Appellants contested the writ petition denying material alle......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. ..

Category: Employment/Service Law | Date: 18 Jun, 2012 | Hits: 130

Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)

....controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......ain CJ Surendra Kumar Sinha J MA Wahhab Mian J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Dr. Tapan Kumar Dey.............Petitioner Vs. State...................................Respondent Judgment June 14, 2012. Result: ..

Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10

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. ...... 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. ..

Category: Property Law | Date: 13 Jun, 2012 | Hits: 27

Secretary, Ministry of Land, People's Republic of Bangladesh and others Vs. Saiful Islam Chowdhury and others, 2012, 41 CLC (AD)

....d to appreci­ate this legal position and as such has arrived at a wrong decision which is liable to be interfered by this Division. The learned advocate has argued also that for the greater public interest the lease grant­ed in favour of the predecessor of the writ petitioners was cancelled an....... That the Assistant Commissioner (Land), Companygonj, Sylhet in violation of the above mentioned memo dated 17.10.1985 initiated Miscellaneous Case No.147 of 2004-2005 under section 92 (2) of the State Acquisition and Tenancy Act, 1950 for taking over 1.54 acres of land out of that 20 acres of..

Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5

Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)

....otice being No.ACPA/15/P-32735/98/74 dated 23.03.1998 (annexure-B) to show cause as to why disciplinary proceeding should not be taken against him for causing huge financial loss to Biman in his self-interest and also for his financial gain by overwrit­ing and tampering 3 (three) indents where­by ......ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ..

Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388

Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)

....n have dis­charged the rule on assigning proper rea­sons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ......tana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Mofizur Rahman…………………………………………………….Petitioner Vs. The State, repre­sented by the Deputy Commissioner, Chittagong and another...............................

Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40

Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

.... The Commissioner of Appeal by his appeal order dated 27-3-2001 allowed the appeal in part. However, he did not interfere with assessment order regarding the disallowance of Taka 2, 69,31,994 paid as interest to Grameen Kalyan for the loans taken from it and also regarding disallowance of Taka 3,00,......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241   ..

Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4

Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)

.... her late thirties (emphasis supplied). They appeared not to know what was happening. There appears to have been a mistake [v (that) it appears that there has been a mistake. It appears unlikely that interest rates will fall further. It would appear that this was a major problem.]" It is also t...... Naztnun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Mehedi Hasan @ Modern (Md.) and others…….............Appellants Vs. State……………………………&hellip..

Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30

PHP Float Glass Industries Ltd Vs. Commissioner Customs, Excise and VAT and others, 2012, 41 CLC (HCD)

....on of the price by a manu­facture of its goods no rules or decision of the VAT authority can impose any such flat or mini­mum value for such goods in the country, adverse­ly affecting the interest of such manufacturer". Accordingly, Mr. Hannan argues that the respon­dents No.1, ...... from the date of receipt of a certi­fied copy of this judgment and order. Communicate this judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 478 ..

Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3