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Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....te-parties Judgment January 17, 2013. Result: The application is rejected. Cases Referred to- Tarique Rahman Vs. Bangladesh, 63 DLR (AD) 18;Pirjada Syed Shariatullah Vs. Government of Bangladesh, 61 DLR 64714 BLD (AD), 196 = 46 DLR (AD) 174, Kalepada Shaha Vs. State, 37......m part of the main application. 34. By filing this application under section 10(1) (a) of the Criminal Law Amendment Act, 1958 the accused-petitioner has challenged the legality of the order dated 18-10-2012 passed by the learned Special Judge, Special Court No. 3, Dhaka in Special Ca..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. ......e trust property of the deity and the suit is not maintainable and liable to be dismissed with costs. 4. The learned Additional District Judge, First Court, Tangail, by his judgment and order dated 31.03.2002 decreed the suit. 5. Being aggrieved by and dissatisfied with the judgm..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
.... Court High Court Division (Special Original Jurisdiction) Present: Shamim Hasnain J Md. Ruhul Quddus J Md. Sadek Ali……………………….....Petitioner Vs. Government of Bangladesh and others…...Respondents Judgment January 13, 2013. Resul......etitioner. Tufailur Rahman, Advocate-For respondent no. 2. Writ Petition No.7903 of 2011. Judgment Md. Ruhul Quddus J.-This Rule nisi was issued calling in question the legality of an order as contained in MemoNo.CJM/LB/13(Ka) 68 dated 4.8.2011 issued by the General Manager, Crescent..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....esh. Whether we look at it as a facility given to a person to travel abroad or as a request to a foreign country to give the holder diplomatic protection, it cannot be denied that the Bangladesh Government, by refusing a permit to a person residing in Bangladesh, completely prevents him from tr......d not directed to deliver the Machine Readable Passport in favour of the petitioner bearing "Delivery Slip" with Enrolment ID MRP 260100000327956 and is of no legal effect and /or pass such order or further order or orders as to this court may seem fit and proper". 2. The avermen..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 ....../471/385/109 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Chittagong so far it relates to the accused-petitioner Md. ShafiquI Alam, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. At the time issuance of the Rule, all..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. ...... of the company, Bondhu Gopal Das, instituted Title Suit No.166 of 2011 before the Senior Assistant Judge, Sadar, Sylhet praying for injunction upon holding of the meeting on 5-8-2011; because of the orders of injunction passed in both the suits adjourned meeting could not be held and election of di..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. ......en there all along……………………………….(10) Section 342 Cr.P.C. enjoins upon the trial Court the duty of placing before the accused the circumstances appearing against him in order that he may be given opportunity of explaining them. The examination of an accused under this..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 .......— On an application under section 561A of the of the Code of Criminal Procedure, this Rule was issued calling upon the complainant-opposite-party, to show cause as to why the judgment and order dated 23-2-2010 passed by the learned Sessions Judge, Nilphamari in Criminal Revision No. 21 o..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. Aktar Imam, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.2407 of 2012. (From the judgment and order dated the 13th day of August, 2012 passed by the High Court Division in Civil Order No.2556 o..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. ......aque Chowdhury, Senior Advocate, instructed by Mvi Md. Wahidullah, Advocate-on-Record—For the Respondents. Criminal Petition for Leave to Appeal No.326 of 2009. (From the judgment and order dated 9-8-2009 passed by the High Court Division in Criminal Miscellaneous Case No.1505 of 200..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: ......ceeds. The connected Rule being No.30 (Ref:) /2011 is disposed of. When two appeals are filed against the same judgment the ends of justice requires that both the appeals are heard together in order to avoid conflicting decision. The Taxes Appellate Tribunal not even a quasi judicial authorit..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. ...... Mrs. Tania Amir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.2985 of 2012. (From the judgment and order dated 2.12.2012 passed by the High Court Division in Company Matter No.70 of 2012.) Judg..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
....uch produced of Taka 1,98,15,505.75 for which the authority under the provision of section 55(1) of the VAT Act 1991 served demand notice upon the petitioner for payment of Taka 1,98,15,505.75 to the Government treasury challan and in the meantime filed a case against the petitioners company under s......ion No. 1188 of 2004. Judgment Md. Ashfaqul Islam J. - At the instance of the petitioner, M/s TLRA Limited, this Rule Nisi was issue calling upon the respondents to show cause as to why the order dated 8-12-2003 passed by the respondent No. 1 in Nothi No. CEVT/Case (VAT)-Dhaka-23/2003 (Ann..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....it 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 maintainable against the Private Bank and Government has been inducted in the petition only to attract Article 102 of the Constitution as a me......ired to embark upon other points raised in the petition. Therefore, we hold that this petition should be discharged being not maintainable. In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Division at the time of issuance of the..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. ......olved: Helaluddin Mollah, Advocate—For the Petitioner. Md. Shahrawardi, Deputy Attorney-General—For the Respondent. Jail Petition No.17 of 2010. (From the judgment and order dated 3rd December, 2007 passed by the High Court Division in Death Reference No.27 of 2003 wi..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 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- Government of Bangladesh, represented by the Deputy Commissioner, Dhaka Vs. Mr. s Anwara Huq, 9 MLR ......tion by Md. Amanullah and others, this Rule Nisi was issued calling upon the respondent-contemnors to show cause as to why they should not be punished for violating and disregards to the judgment and order dated 8-12-2009 passed in Writ Petition No. 3968 of 2002. 2. Md. Shahjahan and Mohammad S..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.
......ucted by Md. Nawab Ali, Advocate-on-Record-For the Respondents (In Civil Petition No.1041 of 2009).
Civil Petition for Leave to Appeal No.928 of with No.1041 of 2009.
(From the judgment and order dated the 19th day of February, 2009 passed by the High Court Division in First Appeal (FA) No..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....ministrative Officer of the Housing Estate, Chittagong, committed the offences of cheating, criminal breach of trust, and forgery by misusing his official power in discharging duties in the Government Office. It is stated in the FIR — “পরস্পর যোগসাজ......e Penal Code read with section 5(2) of the Prevention 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 f..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
....f Taka 30,00,000, Taka 30,00,000; Taka 75,00,000 and Taka 60,00,000 respectively; the trial Court further directed that out of the fine imposed in each case, Taka 1,00,000 is to be deposited to the Government fund. The petitioners preferred four separate criminal appeals before the Metropolita...... December 3, 2012. Result: The Review Petitions are dismissed. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988, Order XXVI rule 1 Review of judgment or order of the Appellate Division in a criminal proceeding can only be done on the ground of an error..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
....0.00, taka 30,00,000.00; taka 75,00,000.00 and taka 60,00,000.00 respectively; the trial Court further directed that out of the fine imposed in each case, taka 1,00,000∙00 is to be deposited to the Government fund. The petitioners preferred four separate criminal appeals before the Metropolitan Se......s. 9-12 of 2012). None represented- For the Respondents (In Criminal Review Petition Nos. 16-19 of 2012). Criminal Review Petition Nos.09-12 with 16-19 of 2012. (From the judgment and order dated the 12th day of March, 2012 passed by the Appellate Division in Criminal Petition Nos. 2..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
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