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Chairman, National Board of Revenue (NBR) Vs. Advocate Zulhas Uddin Ahmed and others, 2010, 39 CLC (AD)

.... 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. ......bsp;এবং প্যাথলজিক্যাল ল্যাব্রেটরি”. So, in order to ensure the proper treatment of the citizens the writ-petitioner or any interested person can establish a free health care society. It is very clear that the health care sector is no ..

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. ......plaintiff and the said branch of the defendant No.1 but the plaintiff did not mortgage his land against the said loan and did not make himself guarantor for any loan sanctioned in favour of any other person. On 15-7-2001, the plaintiff came to know from an employee of the defendant No.1 at Kapilmuni..

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. ...... Instrument Act, 1881………………………………………(13) The expression “access to be negotiable" only means that the cheque (or the instrument) cannot be transferred to any other person so as to constitute that person (the transferee of the cheque) as the holder. This is clear f..

Category: Civil Law | Date: 30 May, 2010 | Hits: 43

Abul Hashem Vs. State, 2010, 39 CLC (HCD)

....e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16.   ...... Procedure, 1898; Section 161 When to take an Adverse Presumption- In a case where there is no eye­witness or there is hardly any circumstan­tial evidence it is essential that the persons who are the next door neighbours or lived near the place of occurrence should be examined fo..

Category: Evidence Law | Date: 26 May, 2010 | Hits: 8

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 . ...... was about to alienate the land in suit and through his learned advocate, Mr. Salamat Khan got legal notice published in the Daily Ittefaq dated 6-4-1998 disclosing the agreement and warned concerned person not to deal with defendant No.1 or his family members as regards land in suit. Against this l..

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. ......Munshi, the learned Advocate for the petitioner appearing with Mr. Ali Akbor Khan, forwarded six-fold arguments before us, which are as under:— (i) Section 20 of the VAT Act prescribes the persons who may be appointed as VAT officers and under section 21 of the VAT Act only the VAT offici..

Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6

Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)

....er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ..

Category: Evidence Law | Date: 10 May, 2010 | Hits: 161

Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....opy of this judgment be trans­mitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ...... Judgment May 6, 2010. Result: The Rule is discharged. Surrender before the court and fugitive from justice The principle of criminal jurisprudence is that the person concerned should submit to the process of justice before he can claim the right of audience ..

Category: Procedural Law | Date: 6 May, 2010 | Hits: 109

Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)

....ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......sain Traders". As a result institution of the instant case by the complainant opposite party is without jurisdiction and, as such, institution and continuation of the impugned pro­ceeding by a wrong person not tenable in law and, as such, the impugned proceeding is liable to be quashed. 7. That ..

Category: Banking Law | Date: 6 May, 2010 | Hits: 573

Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)

....n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ...... নিকট বিক্রয় করিবে কেন”? 11. We are of the view that this finding of the learned judge is totally on conjecture and surmises as there is no bar on the person of a vendor to transfer his/her properties to different purchasers on the same day. 12. ..

Category: Property Law | Date: 26 Apr, 2010 | Hits: 9

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.......he provision of section 138 of the Negotiable Instruments act which reads as follows: "138. Dishonour of cheque for insufficiency, etc. of funds in the account. - (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another p..

Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177

Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)

....uch an act. The test may well be whether the public servant, if challenged, can reasonably claim that, what he does, he does in virtue of his office." 18. In the instant case a Departmental Inquiry was conducted in which it has been found that the accused-petitioner allowed the principal a......he Motijheel Police Station against the accuseds (1) Md. Akbar Haider Raja and (2) Md. A. Quiyum alleging, inter alia, that on 05.04.2007 at about 14:00 hours while the informant along with other RAB personnel on petrol duty, received a secret massage regarding unloading of some contraband goods bro..

Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119

Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)

....not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ......t Member Amzad Hossain Sarker Bhojey. On 30.10.2006 at about 8 p.m. Rabiul Islam went to Shipaigonj Bazar and accused Amzad Hossain Sarker Bhojey knowing the above fact he along with 12 other accused persons attacked his brother Rabiul Islam in front of the shop of Dhorony Roy and at the order of ac..

Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8

Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ...... opposition filed on behalf of the respondent No.2-ACC. The learned advocate made a similar argument in the case of Salma Shahadat Vs. State, 14 BLC 26. There it was held that if it is found that any person in the aid of concealing information so furnished in compliance of notice, did act or omissio..

Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103

Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ......o abet and similarly an offence under section 27(1) of the ACC Act, 2004 is an aggravated form of the offence under section 26(2) for the acquisition of assets moveable and immovable in the name of a person or others dependent on him when he failed to explain such acquisition. He submits that the Ap..

Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189

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. ......torney, plaintiff stated that was not an 'Irrevocable Power of Attorney'. This Power of Attorney, plaintiff stated, that no power was given to defendant No.1 to execute and register sale deed personally and which is not passed through it. Plaintiff stated, defendant No.1 failed to obtain the..

Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13

Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

....squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... disclose any offence whatsoever. That application was, however, turned down and the Court below by it’s order dated 28.8.2008, framed charge against the Petitioner, as stated above. Five other persons were also indicted in this case. 6. The Petitioner before us, who is none other than on..

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: ......). 22. De Smith, Woolf (Former Master of the Roll) & Jowell in their book, ‘Principles of Judicial Review’ states, ‘Certiorari was historically linked with the King’s person as well as with the King’s Bench; it was of high importance for the control of the infe..

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: ...... 21. De Smith, Woolf (Lord Woolf , a Former Master of the Rolls) & Jowell in their book, Principles of Judicial Review states, ‘Certiorari was historically linked with the King’s person as well as with the King’s Bench; it was of high importance for the control of the infe..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131

Humayun Khan @ Md. Humayun Khan and another Vs. Anti Corruption Commission and Others, 2010, 39 CLC (HCD)

....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. ......7. In due course the investigation of the case was handed over to the And Corruption Commission, who after due investigation submitted charge sheet dated 23.9.2007. The allegation is that the accused persons were involved in the sale of 18 abandoned houses after evaluating the market price thereof a..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145