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Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ......llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ......eal, by leave, is directed against the judgment and order dated 23.02.2005 passed by a Division Bench of the High Court Division in Writ Petition No.1633 of 2003 making the Rule absolute. 2. The facts of the case, in brief, are that the respondent M/S Sanker Kumar Das filed the Writ Petition No..Category: Others | Date: 10 Oct, 2012 | Hits: 144
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ......o the writ petition that the petitioner’s title stemmed from Title Suit No.84 of 1969, which was filed by late Bashiruddin, who is the father of the vendors of 2.97 acres of land of property in question to the petitioners. It is the vendors' contention that their father, Mr. Bashir Uddin, ......bsp;No.7,14, RS Khatian No.7, 14 & CS Plot No.23, 9 & RS Plot No.27, 34; which are homesteads, ponds and Nals situated at Mouza Giribordi, PS Sonargaon, District-Narayanganj. 2. Briefly, facts of the case as stated in the writ petition, are that the petitioners purchased 2.97 acres of l..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
.... of the Court; the instant criminal proceeding is unjust as a civil suit being Money Suit No.1 of 2005 is pending where liability of the petitioner will be determined and the issues being almost identical and same, in both the civil and the criminal case, there is every chance of conflicting de...... 8. From the impugned judgment and order, the submissions of the learned Advocate for the petitioner, the learned Advocate-on-Record and the learned Advocate for the respondents respectively; the questions which have emerged for decisions are: (i) Whether the provisions of the Ain, 2004 wer...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ......ttagong should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Since both the Rules have arisen from the same CR Case and the common questions of laws and facts are involved in these Rules, they are heard together and are being dispo......quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Since both the Rules have arisen from the same CR Case and the common questions of laws and facts are involved in these Rules, they are heard together and are being disposed of by this analogo..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
....The order of statue quo granted by this Court stands vacated.
The office is directed to send the lower Court's record.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 231.
......বে; “The force of sub Rule (1) "ka" of section 13 provides that any litigation pending before any Court of law stood abated as a whole and the Court has nothing to decide upon the question involved in the Rule. The Rule stood abated as a whole by statute and that cannot be re-ope......The order of statue quo granted by this Court stands vacated.
The office is directed to send the lower Court's record.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 231.
..
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....h the Special Case 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: 17 BLC (HCD) (2012) 778. ...... notice is also a nullity. Accordingly, continuation of the impugned proceeding is nothing but mere abuse of the process of the Court and, as such, it is liable to be quashed. 6. In reply to the question raised regarding non-applicability of the referred observations of the apex Court......come before this bench and, as such, it is necessary to examine whether there is prosecution materials on record to proceed with the trial of the Special Case. It is pertinent to see whether the facts alleged against the accused-petitioner constitute any criminal offence. Taking us through the ..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......vate sale of mortgaged-property; the executing Court is under no obligation to accord permission for sale in favour of Ragib Ali. On the other hand, it is urged on behalf of Kutub Uddin that the facts revealed that as the transaction between the judgment debtor and Ragib All is far from being b..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......ated 5-5-2010 and the Bank as Well as its Board of Directors are under statutory duty to comply with4he provision of section 155(1) of me Act. (emphasis added) 22. Besides in this case, the question of increasing paid up capital within the limit of authorized capital, by making further iss......oner as well as for the Bank. Perused the application and the documents submitted therewith as well as the affidavit-in-compliance submitted on 1-8-2012 and the documents filed therewith. 9. The facts leading to filing of this application has been stated in brief, herein above. 10. Having ..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......sed appellants” 19. In the decision reported in AIR 1972 (SC) 535 it has been held as follows; "The real importance of this section lies in that it imposes a duty on the court to question the accused properly and fairly so as to bring home to him the exact case he will have to m......ior motive and the so called occurrence has not been committed by the appellants. 5. After hearing the parties and on consideration of the evidence and the materials on record and in view of the facts and circumstances of the case the learned trial Court came to the finding that the prosecution..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ...... 36. We should bear in mind, credibility of testimony oral and circumstantial, depends considerably on a judicial evaluation of the totality, not isolated scrutiny. When dealing with the serious question of guilt or innocence of persons charged with crime, the following principles should be tak......uced by the prosecution to prove the charge. 34. The prosecution case is that one foreign revolver along with four round bullets were recovered from the exclusive possession of the accused. Such facts were disowned by the defence. Its case was that he had no knowledge about the arms and the sam..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......ner when she along with her younger sister P.W.5 Asheda and cousin (sister) Taher were returning from Dinajpur after watching a cinema show. P.W.5 Asheda categorically proved the same now a pertinent question is involved if there is scope to quash the impugned judgment and order of conviction. ......h the impugned judgment and order of conviction. 21. It is now a well-established principle of law that quashment under section 561A of the Code of Criminal Procedure is possible in cases of (a) facts alleged not constituting any offence (b) bar of law (c) coram non judice (d) lack of legal evi..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)
....arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ......arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ...... rejected summarily on 23-2-1996. 6. Feeling aggrieved the petitioner preferred the instant application and obtained the present Rule. 7. No one appears to support the Rule. In view of facts this is an old case of 1996, we are inclined to take it up for disposal on merit considering t..Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9
Kamal Vs. State, 2012, 41 CLC (HCD)
....wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ...... and no arms was recovered from the possession of the petitioner, the convict-petitioner has been entangled with this case out of enmity with the police personnel. 5. Considering the facts, circumstances and deposition of prosecution witnesses and hearing the parties the learned jud..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ...... 15. Mr. Rokanuddin Mahmud also argues that the license itself is not a services, but it unable and entitle its holder like the petitioner to render a service. He also submits that the license in question is not a service within the meaning of the Value Added Tax Act, 1991, therefore, not vatabl...... and payment of license fee and spectrum fee for new assignments without any deduction, shall not be declared to have been made without lawful authority and is of no legal effect; 2. Brief facts, necessary for the disposal of this Rule, are as follows:— The petitioner Orascom T..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
.... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
......
(iii) where the President is satisfied that in the interest of the security of the State it is not expedient to give that person such an opportunity.
(3) If in respect of such a person the question arises whether it is reasonably practicable to give him an opportunity to show cause in acc......he Senior Assistant Judge, Narail Sadar in Title Suit No. 455 of 1978 should not be set-aside and/or such other or further order or orders passed as to this court may seem fit and proper.
2. The facts leading to the issuance of the Rule, in brief, can be stated thus, the plaintiff-respondent-pe..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......e Bangladesh Gazette dated 23-9-1986 at page 9764 (15) at serial No.7 and prayed for direction to release the said property from the list. 3. The case of the respondents was that the property in question originally belonged to Syed Ali Hasan who obtained the same by way of lease for a period of...... The appeal is allowed. The onus is on the claimant of the building to prove that the building is not an abandoned property and that the Government has no obligation either to deny the facts alleged by the claimant or to disclose the basis of treating the property as abandoned propert..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......nce Application No. 233 of 2011 along with a Rule 198(ref) of 2001 filed by the same assessee-applicant, Padma Oil Co. Ltd. Have been taken together for hearing as both the matter involve the similar question of law and therefore disposed of by this single judgment. 2. In the Income Tax Referen......the case of the said Jamuna Oil Company limited and this court in that reference application found that treating the assessee-applicant company as a 'supplier' is a palpable wrong on the facts and circumstances of the mode of business and the status of the assessee-applicant company. ..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ......of a Review Panel is final and all parties concerned must take necessary steps to implement the decision passed by a Review Panel. Foreign Loan Agreement shall prevail Since the project in question is being implemented with the assistance of foreign loan, the terms and conditions of the L......o.5073 of 2012, sought a direction upon the Bangladesh Telecommunication Company Limited (BTCL) from this Court to implement the decision dated 6-3-2012 passed by Review Panel-2. 4. The relevant facts, as stated in the writ petitions, are that the petitioner in Writ Petition No.5073 of 2012 is ..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....he decision dated 03-3-2004 passed by the Labour Court, the respective first party respondent No.1 herein filed the writ petitions mentioned at the beginning of this judgment and Rules were issued in identical terms calling upon the writ-respondents, appellants herein to show cause as why the decisi......(From the judgment and order dated the 27th day of April 2006 passed by the High Court Division in Writ Petition No 1698 of 2004). Judgment Md. A Wahhab Miah J. - Identical facts and common question of law being involved, these appeals have been heard together and are disposed of by t......91 of 2009. (From the judgment and order dated the 27th day of April 2006 passed by the High Court Division in Writ Petition No 1698 of 2004). Judgment Md. A Wahhab Miah J. - Identical facts and common question of law being involved, these appeals have been heard together and are dis&..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ......rima fad evidence of his legal ownership in respect of those shares and that the documents submitted by the petitioner to support his claim in respect of those shares are vague. In this situation the question as to the title of these shares cannot be decided within the summary jurisdiction of this C......rayed for rectification of Register of members and to pass necessary orders accordingly. 5. Learned Advocate Mr. Moksedul Islam appearing for the respondent No.3, in his argument, reiterated the facts as recorded herein before and emphafically submits that there is no clear documents to ascerta..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
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