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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.  ......…………………..Petitioner Vs. Shree Shree Shashan Kalimata Idol and others……..Respondents Judgment January 17, 2013. Result: The appeal is dismissed. Lawyers Involved: S. N. Goswami, Advocate, instructed by Mr. Syed Mahbubur Rahman, Advocate-on......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.  ..

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: ......dek Ali……………………….....Petitioner Vs. Government of Bangladesh and others…...Respondents Judgment January 13, 2013. Result: The Rule is disposed of. Lawyers Involved: Yousuf Hossain Humayun, Advocate-For the petitioner. Tufailur Rahman, Advo......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: ..

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 ......C 229; Kent Vs. Dulles, (1958) 2 L Ed 1204; RA Williams Vs. Edgar Fears & Anr 45 LEd 186; Leonard B Boundin Vs. John Foster Dulles, 136; Herbert Aptheker Vs. Secretary of State, 12 L Ed 992. Lawyers Involved: AM Mahbub Uddin with Nazmul Huda, Advocates— For the Petitioner. A......etitioner had been infringed as there are some criminal cases are pending against the peti­tioner. Ms Amatul Karim, learned Assistant Attorney-General pointed out Section 6 of Bangladesh Passport Order 1973 and submits that the authority has unfettered discretion to grant or refuse to issue pass..

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 ......t January 10, 2013. Result: The Rule is made absolute. Cases Referred to- Khizir Haider Vs. State, 73 MLR (AD) 157;13 MLR (AD) 157; Abdul Hague Vs. State, 60 DLR (AD) 1. Lawyers Involved: Khizir Haider Vs. State, 13 MLR (AD) 157; Abdul Haque Vs. State, 60 DLR (AD) ......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 ..

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. .................Petitioner Vs. National Tea Company Ltd and others..............Respondents Judgment January 9, 2013. Result: The petition is allowed with the direction. Lawyers Involved: Kamal-ul-Aiam, Senior Advocate for Mohammad Hossain, Advocate-For the Petitio......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. ..

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.  ......……..(16) Cases Referred to- Shivagi Vs. State of Maharashtra, AIR 1973 SC 2622; S. Harmon Singh Vs. State, AIR 1976 SC 2140; A. Gafur Vs. Gugesh Chandra Ray, 43 DLR (AD) 62. Lawyers Involved: Abdur Razzaque Khan, Senior Advocate (with S.M. Shahjahan, Advocate), instru...... 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.  ..

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     ......ment January 7, 2013. Result: The Rule may be made absolute. Cases Referred to- Aminur Rahman (Md) Vs.State 8 BLC 518; Khondaker Mahtabuddin Ahmed Vs.State, 49 DLR (AD). Lawyers Involved: Md. Hasan Arif, with Farid Ahmed—For the Petitioner Dr. AKM All wi...... 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     ..

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.  ......abbar Jute Mills Vs. Abul Kashem; 10 MLR(AD) 301; Sukumar Sen Vs. Gouranga, 1989 BLD (AD) 162; Karnaphuli Cotton Mills Vs. UCBL, 49 DLR (AD) 130; Md. Hossain Vs. Dildar Begum, 9 MLR (AD) 361. Lawyers Involved: Mahmudul Islam, Senior Advocate, with Md. Asaduzzaman, Advocate, instructed ......cord- 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 of 2012) Judgment Md. Abdul Wahhab Miah J.- This petition for leave to appe..

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. ......ations. 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, the Law will prevail over the Rules. Rules made under a statute must be treated f......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. ..

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: ......r in the lower tier.................(23) Cases Referred to- Mark Builder Limited Vs. Commissioner of Taxes, 53 DLR, 463; Titas Gas (T&D) Limited Vs. The Commissioner of Taxes 53 DLR 209. Lawyers Involved: Tanjib-ul-Alam, Advocate With Ms. Tarana Afroze, Adocate-For the Assessee-appli...... 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: ..

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. ...... A.K. Azad.....................Petitioner Vs. Kaptex Limited and others ............Respondents Judgment December 12, 2012. Result: The petition is disposed of. Lawyers Involved: Mainul Hosein, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-...... They were acting in a manner which discriminates the interest of the petitioner as a share holder of the 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 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)

....Court is hereby recalled and vacat­ed. Communicate at once.         Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94.   ......llip;………………….. (11) Cases Referred to- Opsonin Chemical Industries Ltd Vs. Director, Customs Intelligence and Investigation, 9 BLC 110. Lawyers Involved: Md. Haroon-ar-Rashid, Advocate—For the Petitioner. Pratikar Chakma......Court is hereby recalled and vacat­ed. Communicate at once.         Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94.   ..

Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6

Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138     ...... suit against a defaulter borrower………………(6) Cases Referred to- Haji MA Raz-zaque Vs. Bangladesh Bank passed in Writ Petition No. 9231 of 2010. Lawyers Involved: Sardar Alamgir Ahmed, Advocate—For the Petitioner. Md. Belayet Hos......s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138     ..

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. ......wsher Ali Vs. State, 39 DLR 57; Abdul Bashir Vs. State, 56 DLR (AD) 207; Giasuddin Vs. State, 54 DLR (AD) 146; Ananta Kumar Karan Vs. State AIR 1962 Calcutta 428;State Vs. Tasiruddin 13 DLR 203. Lawyers Involved: Helaluddin Mollah, Advocate—For the Petitioner. Md. Shahrawardi, D......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)

.... With the above observations and direc­tions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485.     ......DLR (AD) 290; Mahbubur Rahman Sikder Vs. Mojibur Rahman, 35 DLR (AD) 203; Catmur Vs. Knatchbull; Lindley in O'Shea Vs. O'Shea and Parnell; Md. Abdul Halim Vs. Dr Md. Tareque, 63 DLR 465. Lawyers Involved: Md. Salahuddin Dolon with Md. Omar Farouq, Md. Gias Uddin and Ainun Naher, Ad......'Bangladesh Civil Service (Health and Family Planning: Family Planning)'. Family Planning Rules, 1985 did not amend or alter the service units under Bangladesh Civil Services (Reorganization) Order, 1980 and Bangladesh Civil Service Recruitment Rules, 1981. Family Planning Rules, 1985 provid..

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. ...... Housing Society Ltd. and others.......Respondents (In Civil Petition No.928 with 1041 of 2009) Judgment December 5, 2012.   Result: The petitions are disposed of. Lawyers Involved:  Md. Nurul Amin, Advocate instructed by Md. Nawab Ali, Advocate-on-Recor......intiff’s three witnesses including the plaintiffs were examined and they were duly cross-examined by the defendants. At this stage of the suit, defendant No.8 on 7-7-1997 filed an application under Order XXVI, rule 9 of the Code of Civil Procedure (the Code) for local investigation in the term men..

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.     ......rocedure can not be utilised to quash an investigation work of the police........(12) Cases Referred to- Abdul Huque Vs. State, 60 DLR (AD) 1; Bangladesh Vs. AT Mridha, 26 DLR (SC) 17. Lawyers Involved: Jahirul Islam Mukul and Md. Harun-or-Rashid, Advocates—For the Petition......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.     ..

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. ......iew a judgment or order passed by the Appellate Division in a criminal proceeding error apparent on the face of the record has to be shown.…………………………………………(8) Lawyers Involved: Abdul Basel Majmumdar, Senior Advocate, instruct­ed by Md. Wahidullah, Ad......tition Nos.9-12 of 12) Judgment 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 proceedi..

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. ......etition Nos.16-19 of 2012) Vs. The State and another…………...Respondents Judgment December 3, 2012. Result: Leave Petition Nos.16-19 of 2012 are disposed of. Lawyers Involved: Abdul Baset Majmumdar, Senior Advocate, instructed by Mvi. Md. Wahidullah, Ad......with reference to the grounds taken in the respective review petition. 5. The provisions of review of judgment or order of this Division in a criminal proceeding have been provided in rule 1 of Order XXVI of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 (the Rules). Rule 1 o..

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.   ......it is clear that he refrained himself to perform his judicial task under so called pressure and he failed to over come the said situation as a Judge……………..(11) Lawyers Involved: Salina Akter, Advocate—For the Petitioner. MH Sarder, Deputy Assis...... Affairs, Government of Bangla­desh   and   Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474.   ..

Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3