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Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
....releasing the imported goods and the same was received by the respective section of the Customs House, Chittagong. The customs authority assessed the petitioner's imported goods on the basis of the provision of laws and accordingly, he paid the taxes and duties; the customs authority also issued...... imported goods and the same was received by the respective section of the Customs House, Chittagong. The customs authority assessed the petitioner's imported goods on the basis of the provision of laws and accordingly, he paid the taxes and duties; the customs authority also issued the release ..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)
....otion as Inspector within two years after receiving major punishment (Black Mark) vide Memo No.GA/115-86/2560(97). This decision was modified on 28.10.1997 vide Memo No. Ga/74-97)Part-2)3776(140) and provision was made for 3 years instead of 2 years for promotion. It would be seem from the above tab......ntaining a prohibitory order that on sub-inspector of police will be considered for promotion who has three black marks or major punishment in their service career. This condition is not based on any law or police regulations. That the petitioners were not considered for promotion for having 3 black..Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......nds in the same footing but his case was not properly considered by the High Court Division. In such view of the matter and the materials on record, the High Court Division committed an error of law in affirming sentence of death imposed upon the petitioner. As a result there has been miscarria..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)
....e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ......0.) Judgment Nazmun Ara Sultana J. - All these three Civil Petitions for Leave to Appeal have been heard together and are being disposed of by this single judgment since common questions of law and facts are involved in all these 3 leave-petitions. 2. Civil Petition for Leave to Appea..Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13
Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)
....ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ......etition and as such the proceeding could not be quashed at that stage. Hence, the learned Counsel submits that the judgment of the High Court Division quashing the proceeding cannot be sustained in law. 8. We have considered the submissions of the learned Counsel for the petitioner and peruse..Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212
....respondent Bank should not be declared to be violative of the order of status quo passed by a Division Bench of the High Court Division on 26.08.2008 in the Writ Petition No.6653 of 2008 and also the provisions of Companies Act and articles of Association of the Company." In the application, it......at pages 41 and 42 as well as in the Diary-2009 of Exim Bank Ltd under the head, the Board of Directors & Executive committee. At the time of incorporation of the company as per the then existing law namely, Banking Companies Act, 1991 (the Act 1991) the maximum number of Directors of a banking ..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....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......titioners. None represented-For the Respondent. Criminal Petition for Leave to Appeal Nos. 361 And 366 of 2010. Judgment Md. Abdul Wahhab Miah J. - Identical facts and common question of law, being involved in these two petitions, they have been heard together and are disposed of by thi..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... the benefit of the Guidelines and the petitioner expressed its willingness to reschedule the loan as per the guidelines by letters dated 6-10-2010 and 18-10-2010. The Bank without complying with the provision of the Guidelines accepted the auction of the mortgaged property at the valuation of Tk.70......ালয় পরিপত্র নং ৪১ আই টি এফ ডি/রপ্তানী/গার্মেন্টস/১০৭৮dated 22-9-2010 (Annexure-E to the Writ Petition) and thus unlawful and is of no legal effect. 3. Material facts necessary for disposal of the case are as f..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....797, recorded the said land in the name of the government under R.S. Khatian No. 1, without any objection from any corner and the same was finally published by the concern authority, according to the provision of 144 of the State Acquisition and Tenancy Act. The government owned and possessed the su......C.S. plot No.166, C.S. Khatian No. 206 under Mouza Tarabo. He died leaving behind his only son Sodu as his heir. Sodu transferred an area of 19 decimals of land to his daughter Batasi Bibi and son-in-law Abdul Aziz vide a registered heba-bil-awaj deed being No.2084 dated 29.02.1980 and delivered pos..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
....ision whether the allegations made in the complaint constitute any criminal offence particularly any offence under sections 482 and 483 of the Penal Code, it would be better to reproduce the relevant provisions of laws and arrive at a decision thereon. The charge has been framed under sections 482 a......the allegations made in the complaint constitute any criminal offence particularly any offence under sections 482 and 483 of the Penal Code, it would be better to reproduce the relevant provisions of laws and arrive at a decision thereon. The charge has been framed under sections 482 and 483 of the ..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... frame charge and try all the offences together in the previous trial. Therefore, the second trial in Session Case No.35 of 2002 of the Court of Sessions Judge, Jamalpur is barred under the aforesaid provision of law as well as under Article 35 of the Constitution and, as such, the High Court Divisi......o GR No.507 (2)2001 under sections 302/201/34 of the Penal Code, pending in the Court of Sessions Judge, Jamalpur. 3. The facts of the case, in brief, are that one Md. Ashraf Hossain, brother-in-law of the victim's father lodged ejahar with the Jamalpur Police Station stating, inter al..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......inal Revision No.367 of 2011, arising out of Shahbagh police station Case No.48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
.... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 113.
...... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 113.
..
Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151
Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)
....Leave to Appeal No.1672 of 2003 and trained leave on 3-8-2005 resulting in Civil Appeal No. 2006 of 2005. 9. Mr. Horendra Nath Nondi, learned Advocate for the appellants submits that there is no provision like Order XLI Rules 19 and 21 of the Code of Civil Procedure for readmission or rehearing......ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ..Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
....less for some reasons he thinks proper to adjourn the hearing of the case to some other day. ............ (11) Section 247 is for to prevention of prolongation of litigation The above provision of law has been made to protect an accused from un-necessary harassment and to prevent the......ns 247, 439, 561A. Fresh complaint petition not a bar in case of non-acquital. If an accused is not acquitted from a particular case, fresh petition of complaint can not be a bar under any law. And as such it can be said that in passing the impugned judgment and order the learned Sessions..Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7
Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)
....the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ......ad took back the khas possession of the suit land and the suit land remained in the khas possession of the defendant No.1 and the defendant No.1subsequently leased out the suit land to defendant No.2 lawfully. The learned Counsel has argued to the effect also that there are sufficient evidence on re..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
....rcumstances of the case, according to the principle of law as laid down, the nature of the dispute is entirely a civil dispute and it can only be resolved by a competent civil Court.
There is no provision in the Companies Act to file any declaratory suit under which the plaintiff could seek rel......r …................Defendant-Respondents
Judgment
March 19, 2012.
Result:
The appeal is allowed.
Following the circumstances of the case, according to the principle of law as laid down, the nature of the dispute is entirely a civil dispute and it can only be resolved ..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
.... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ......that Rokeya Begum executed an agreement in respect of the suit property but the defendant could not produce the existence of such agreement. It is finally argued that the High Court Division erred in law in remanding the suits for fresh trial in failing to consider that a remand cannot be passed as ..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....harer's possession stated above, the possession of the absentee co-sharer's undivided sharer of the land by the appellant and his co-sharers cannot be said to be unlawful and consequently the provisions of The Enemy Property (Lands and Buildings) Administration and Disposal Order, 1966 ......er by the Government as enemy property unless there is formation of opinion to that effect, as such, the impugned judgment and order passed by the learned Joint District Judge without consultation of law, is liable to be set-aside. 10. Mr. AJ Mohammad Ali, learned Advocate, relied on the case o..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Commissioner of Customs and another Vs. Equity Construction Pvt. Ltd., 2012, 41 CLC (AD)
....oniruzzaman, learned Deputy Attorney General assailed the judgment of the High Court Division and submitted that the imported machineries are contraband items and liable to be confiscated under the provisions of Customs Act and therefore, the High Court Division erred in law in directing for relea......High Court Division and submitted that the imported machineries are contraband items and liable to be confiscated under the provisions of Customs Act and therefore, the High Court Division erred in law in directing for release of the imported machineries. It is further urged that on similar questi..Category: Fiscal/Taxation Law | Date: 15 Mar, 2012 | Hits: 87
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