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Habib Bank Ltd. Vs. Eastern Bank Limited and another, 1999, 28 CLC (HCD)
....he assistance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537.......l be registered if it is otherwise in order. The assistance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537.......l be registered if it is otherwise in order. The assistance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537...Category: Civil Law | Date: | Hits: 87
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
.... Judgment Md. Fazlul Karim J.- On an application under Article 102 of the Constitution the Rule was issued calling upon the respondents to show cause as to why the Judgment and order passed by the Appellate Tribunal dated 2-6-97 affirming those of dated 16-9-96 passed by the Commissioner (Current......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533....... Md. Fazlul Karim J.- On an application under Article 102 of the Constitution the Rule was issued calling upon the respondents to show cause as to why the Judgment and order passed by the Appellate Tribunal dated 2-6-97 affirming those of dated 16-9-96 passed by the Commissioner (Current charge) C..Category: Fiscal/Taxation Law | Date: | Hits: 139
Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)
....was not made within the specific time, it may be inferred initial intention of deception. This is clear from the principle laid down in the case reported in 46 DLR (AD) 180. In this reported case our Appellate Division considered several decisions on this point specifically the decision given in 30 ......quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530.......quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530...Category: Criminal Law | Date: | Hits: 46
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
....not under the Anti-Corruption Act. However in a Criminal Petition for leave to Appeal No.153 of 1995 in the case of Sontosh Bhusan Das & Anr Vs. State and ors reported in 4 BLT (AD) (1996) 58 the Appellate Division took a different view. In considering the question whether an officer of the Bure...... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ...... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ..Category: Criminal Law | Date: | Hits: 69
Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)
....94. In the result, the Rule is discharged without any order as to costs. On the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ......n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ......n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ..Category: Employment/Service Law | Date: | Hits: 79
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....esh Council of Scientific and Industrial Research and others reported in 32 DLR (AD) 83 similar issue as to definition of local authority as mentioned in Article 102 of the Constitution arose and the Appellate Division in the above case held that Bangladesh Council of Scientific and Industrial Resea......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226.......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226...Category: Employment/Service Law | Date: | Hits: 117
Shahidul Vs. State, 1998, 27 CLC (HCD)
....based on no legal evidence or otherwise for securing the ends of justice. The latest decision on exercise of inherent jurisdiction by this Court under section 561A Cr.P.C. in 46 DLR (AD) 67 where our Appellate Division has held the High Court Division may exercise its inherent power to quash a proce......not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222.......l calling upon the opposite party, State, represented by the Deputy Commissioner, Khulna, to show cause as to why the judgment and order of conviction and sentence dated 28-9-97 passed by the Special Tribunal No.7, Khulna in Special Tribunal Case (STC) No. 227 of 1996 arising out of GR No. 441 of 19..Category: Criminal Law | Date: | Hits: 33
Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)
....ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......hable under the Ordinance is included as paragraph 4B in the schedule of the Special Powers Act, 1974. As a result of such inclusion, the offences of the above Ordinance are triable only by a Special Tribunal constituted under section 26 of the Special Powers Act. In view of the provisions of sectio..Category: Criminal Law | Date: | Hits: 90
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....xtraneous material, illegally, set aside the order dated 28-1-88 as there was no scope at all for the revisional authority to examine the records which were not before the Collector of Customs or the Appellate Authority i.e. Member NBR and the words: “call for and examine the records of the procee......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......nd crew members of the vessel along with some other persons including driver and crew of fishing trawler Shah Amanat and CID, after investigation, submitted charge sheet against them and the case was Tribunal No.3, Chittagong being Special Tribunal Case No 69/87 wherein the accused were charged unde..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Md. Ashraf and others Vs. State, 2011, 40 CLC (HCD)
....e in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......2010. Judgment AKM Asaduzzaman J.-This appeal was preferred under section 30 of the Special Powers Act against the order dated 02.11.2010 passed by the learned Judge of the Metropolitan Special Tribunal No.4, Chittagong in Special Tribunal Case No.90 of 2010 arising out of G.R. Case No.51 of 2..Category: Criminal Law | Date: | Hits: 60
Md. Palash Khan Vs. The State, 2011, 40 CLC (HCD)
....lant misuses in any way the privilege of bail. Communicate the order. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ...... at liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......10. Judgment AKM Asaduzzaman J. - This appeal was preferred under section 30 of the Special Powers Act against the order dated 08.06.2010 passed by the learned Judge of the Metropolitan Special Tribunal No.8, Dhaka in Metropolitan Special Tribunal Case No.856 of 2008 arising out of G.R. Case N..Category: Criminal Law | Date: | Hits: 49
Md. Monir Hossain @ Babu Vs. State, 2011, 40 CLC (HCD)
....uses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Md. Jashim Uddin Vs. State, 2011, 40 CLC (HCD)
....n any way the privilege of bail. Communicate the order. Md. Ashraful Kamal, J. I agree. Ed. This Case is also Reported in: ...... cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal, J. I agree. Ed. This Case is also Reported in: ......al Appeal No. 3933 of 2009. Judgment AKM Asaduzzaman J. - This appeal was preferred under section 30 of the Special Powers Act against the order dated 12.5.09 passed by the Metropolitan Special Tribunal Judge, Court No.11, Dhaka in Special Tribunal Case No.635 of 2008 arising out of G.R. Case ..Category: Criminal Law | Date: | Hits: 43
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....etary of State ex parte Duly (3 All ER 2001 page 433), Brahambari Purashava Vs. Secretary, Ministry of Land Reforms (7 BLT AD 95), Moklesur Rahman Vs. State 26 DLR (AD) 44. He also reminded us of the Appellate Division’s decision in Secretary, Ministry of Finance Vs. Masdar Hossain (2000 BLD (AD) ......sonable decision is the one which is beyond the range of responses open to a reasonable decision maker (1996 QB 517). 66. Now, as Professors Bradley and Ewing, in their book “Constitutional and Administrative Law, 15th edition, page 679, expressed, a judge may not, on judicial review, set asid......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ..Category: Constitutional Law | Date: | Hits: 231
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....g portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510...Category: Criminal Law | Date: | Hits: 88
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491.......e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491.......e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491...Category: Property Law | Date: | Hits: 113
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....00 as maintenance and also an amount of Taka 30,000.00 in respect of dower. (c) The defendant against the above adjudication, carried an appeal being Family Appeal No. 44 of 1996 before the Family Appellate Court, Comilla. The Family Appellate Court by the judgment and decree dated 22-5-1997 allo......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453.......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453...Category: Procedural Law | Date: | Hits: 67
Mukta Biri Factory Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....ence Application No.53 of 1995. Judgment Syed Amirul Islam J.- In this reference the following questions have been raised by the applicant for opinion of this Court: “(a) Whether the Taxes Appellate Tribunal, Division Bench-I, Dhaka was justified in law in upholding the dismissal of Appea......applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ......cation No.53 of 1995. Judgment Syed Amirul Islam J.- In this reference the following questions have been raised by the applicant for opinion of this Court: “(a) Whether the Taxes Appellate Tribunal, Division Bench-I, Dhaka was justified in law in upholding the dismissal of Appeal as barre..Category: Fiscal/Taxation Law | Date: | Hits: 128
Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
....wise as it thinks fit. (ii) Provisions of section 5 of the Limitation Act, 1908 shall apply to applications under sub-rule (1). From a reading of the aforesaid Rule it is found that the learned Appellate Court has the power to re-admit an appeal earlier dismissed for default on being satisfied......-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ......-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ..Category: Procedural Law | Date: | Hits: 77
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....r the Respondent. Reference Application No.200 of 1991. Judgment Syed Amirul Islam J.- This reference application is directed against the judgment and order dated 17-9-90 passed by the Taxes Appellate Tribunal Bangladesh, Dhaka, in Income Tax Appeal No.1656 of 1985-86 (Assessment year 1981-......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......ondent. Reference Application No.200 of 1991. Judgment Syed Amirul Islam J.- This reference application is directed against the judgment and order dated 17-9-90 passed by the Taxes Appellate Tribunal Bangladesh, Dhaka, in Income Tax Appeal No.1656 of 1985-86 (Assessment year 1981-82). 2...Category: Fiscal/Taxation Law | Date: | Hits: 96
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