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.... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......nal dispute resolution processes, there is no scope for the application of any version of shariat to the incidents in question, or the nature of the penalties, given that there are specific statutory provisions in this regard.
38. In Bangladesh, the Muslim Personal Law (Shariat) Application Act, ..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
.... of the learned Assistant Attorney General appearing for the petitioners.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52.
......h services from different hospitals and clinics and in all cases VAT was imposed upon the writ-petitioners and they were bound to pay that VAT. Section 3 of the Value Added Tax Act, 1991 provided the provisions to collect VAT except services mentioned in 2nd schedule. Moreover, in sub-section 3(c) i..
Category: Health Law | Date: 8 Jul, 2010 | Hits: 376
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......ecree the plaintiff preferred the instant appeal. 6. Mr. M Quamrul Haque Siddiqui, the learned Advocate appearing for the appellant submits that the jurisdiction of civil court ousted by express provisions in section 6(1) of the Ain, 1990, is not applicable for a decree obtained by practicing f..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......cause of the dishonored cheques having "ceased to be negotiable" so, as per provision of section 1A of the N.I. Act, the dispute concerning the said account payee cheques shall not be governed by the provisions of the Act. Finally, the learned advocate submits that, three cheques in question were ta..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
.... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ...... writ petition is not maintainable. 4. The High Court Division, after hearing, made the Rule absolute holding that the notice dated 23.7.2001 was issued by the appellant No.1 without complying the provisions of section 32(2) of the Customs Act and order dated 26.8.2001 was issued under section 20..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......d as earnest money and defendant No.1 be directed to execute and registered the sale deed within a time specified by the Court, failing which the said deed be executed and registered according to the provisions of Order 21, rule 34 of the Code of Civil Procedure. 4. Defendant No.1 entered in th..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
.... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ...... is misconceived and thus, the Rule is liable to be discharged. 8. We have examined the writ petition, the affidavits-in-opposition and the materials on record. We have also studied the relevant provisions of law to the best of our ability. 9. Let us examine first as to whether the audit o..Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....th Mr. Md. Aminul Islam, the learned Lawyers for the accused-petitioner, submits that the case was filed against the accused-petitioner without any legal cause of action which is a violation of the mandatory provision of law and the case is also pre-matured which is not curable. Mr. Anisul Huq fur......a violation of the mandatory provision of law and the case is also pre-matured which is not curable. Mr. Anisul Huq further submits that the Negotiable Instrument Act is a special law and each of the provisions of this Act has to be interpreted as it is and there is no scope of any relaxation of the..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ......ing the impugned order allowing the miscellaneous case under Order IX Rule 13 C.P.C. after long lapse of 4 years 5 months from the date of decreeing Title Suit No.241 of 1999 ex-parte ignoring the provisions of Rule 13(1), Order IX C.P.C. which resulted in the failure of justice and as such the ..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
.... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300.......hat it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may extend to one year, or wi..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)
....the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ...... allowed by operation of section 42(4) of the Act since from 14.10.2004 the appeal could not be disposed of by Tribunal within 12 months. This submission is misconceived and not in keeping with the provisions of the Act particularly in respect of the interpretation of the relevant provisions gove..Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......y the Respondent No.8 IFIC Bank from Bangladesh Bank. 37. CIB reports are prepared by the Bangladesh Bank as per the information provided by the concerned banks. 38. As such due to such provisions the bank are bound by the specific provision of not advancing any kind of banking facili..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
..... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ......o be produced or witness to be examined. 27. The case of Parsotim Thakur Vs. Lal Mohar Thakur AIR 1931 PC 143, a case on additional evidence under Order XLI, rule 27, CPC, the Court held as; The provisions of Section 107 as elucidated by Order XLI, rule 27, are clearly not intended to allow a l..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....ru, Nurul Islam Sujan, Sheikh Fazle Noor Taposh, Mehdi Hasan Chowdhury, Zafar Siddique and Mohammad Selim Jahangir. 11. With his well acclaimed eloquence, Mr. Rafiq-ul-Huq submitted that it is a mandatory requirement of law that no charge can be framed in the absence of the accused person, yet ......was not maintainable because of the availability of a remedy under Section 561A of the Code of Criminal Procedure and then categorically expressed that when a case raises question of law and requires provisions of a statute to be interpreted, remedy under article 102 of the Constitution is more appo..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......as not maintainable because of the availability of a remedy under Section 561 A of the Code of Criminal Procedure and then categorically expressed that when a case raises question of law and requires provisions of a statute to be interoperated, remedy under article 102 of the Constitution is more ap..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......as not maintainable because of the availability of a remedy under Section 561 A of the Code of Criminal Procedure and then categorically expressed that when a case raises question of law and requires provisions of a statute to be interpreted, remedy under article 102 of the Constitution is more appo..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
...... given before the investigation is started at the time of lodging the FIR. In the Nazimuddin case, after referring to section 32 and Rule 15, it was held:
"From a close reading of all these provisions together, we do not find that the law mandates for any sanction which is required before ..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....he officer in charge of the police station (OC) were at all aware of the provisions of the Penal Code or the Children Act. For good reason the provisions have been incorporated in our law and it is a mandatory provision which the authorities are bound to follow. Yet we find failure of the police to ......tted by the law enforcing agencies and the judiciary, but at the same time, they should refrain from identifying children who are alleged to have committed criminal offences and are again reminded of provisions of 17 of the Children Act and the sanction that is provided under section 46 of the Child..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ...... a person (loanee) as insolvent / bankrupt and the said Act appears to be a remedial Act for protection of interest of the parties. Upon perusal of the said Act it appears that there is no express provisions giving retrospective effect of any existing law. As per the settled law a remedial act i..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....ry right of pre-emption, cannot be examined by the Court in a pre-emption proceeding in order to be satisfied that prima-facie the order was passed in accordance with law, that is to say, whether the mandatory provisions of section 117(e) of the E.B.S.A. and Tenancy Act were complied with on the fac......f pre-emption, cannot be examined by the Court in a pre-emption proceeding in order to be satisfied that prima-facie the order was passed in accordance with law, that is to say, whether the mandatory provisions of section 117(e) of the E.B.S.A. and Tenancy Act were complied with on the face of the r..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
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