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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. ......s allowed on the basis of consent of both the parties, the present revisional application is hit by section 96(3) of the Code of Civil Procedure. Mr. Roy in support of his contention relied on the decisions reported in 42 DLR (AD) 234, 1 BCR 131 and AIR 1968 (Guj) 301. 10. We have perused t..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
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. ...............................Respondents Judgment April 26, 2010. Result: The appeal is allowed. No property can be declared as enemy or abandoned property after 1969 As per decision of the Appellate Division no property can be declared as enemy property or abandoned proper..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.......proceedings initiated against the petitioner when it is proved that the alleged cheque has been issued by him and it was bounced from his bank. 20. In this connection we may profitably refer the decision in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, reported in 60 ..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 .......n one envelope basis, or (ii) re tender on two envelope basis, or (iii) Negotiation with FSDI for lowering the price and placed the file before the then Prime Minister. The then Prime Minister gave a decision for re-tender on two envelope basis and thereafter the concerned Ministry on 20-8-1998 canc..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....swami Rao Vs. The King reported in AIR 1949 FC 1. 13. In the case of Suresh Kumar Bhikamchand Jain Vs. Pandey Ajay Bhushan reported in AIR 1998 SC 1524 the Indian Supreme Court observed that the legislative mandate as envisages in Sub-section (1) of Section 197 of Cr.P.C. debarring a Court from...... the community and certain classes of persons in the service or pay roll of the government exercising various public functions who are called public servants. [G.A. Monterio 1957 AIR (SC) 13]. In the decision reported in (1889) ILR 26 Cal 158 (DB) it has been held that clause Ninth of Section 21 is ..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. ......ost mortem report is one of the piece of evidence. Where the reliable witnesses prove the case by credible evidence conviction can be recorded without any medical report. In this regard he referred a decision in a case State Vs. Ful Miah, reported in 5 BLC (AD) 41 wherein their Lordships held that &..Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
..... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ......e acting under a if specific provision governing disposal of the case. As to the submission that h the High Court Division ought to have either remanded the case or examÂined the record itself for a decision relating to alleged non-service of sumÂmons, having regard to the facts noticed and observ..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
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. ......on of section 42(4) of the Act the appeal have been deemed to be allowed. 6. Both the learned Advocate for the petitioner and the learned Assistant Attorney-General also placed reliance on the decision of Bombay Sweets and Company Ltd. Vs. President, Appeal Tribunal 5 ADC 478 and made submi..Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8
....4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 437.
......heard the learned Advocates of both the sides, perused the writ petitions, the Affidavit-in-opposition and papers, documents submitted by the parties.
24. The moot question is whether the impugned decisions of the Customs Authority of imposition of 5% customs duty instead of 0% can be sustained u..
Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134
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. ....... A.M. Mahbub Uddin, learned advocate appearing on behalf of the petitioner submits that the petitioner played no part in the offence committed by her husband, the principal accused. Referring to the decision in Civil Petition for Leave to Appeal No.1432 of 2008, he submits that there can be no abet..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. ......the petitioner is not sustainable in law. He submits that there cannot be any abetment of an offence under section 26(2) and 27 (1) of the ACC Act, 2004. In support of his contention he refers to the decision in Civil Petition for Leave to Appeal No.1656, 1658-59 of 2008. Anti-Corruption Commission,..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
....are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire.
Ed.
This Case is also Reported in: VII ADC (2010) 1008.
......he findings that the writ-petitioners were not selected in interview for appointment in their respective job, however, the committee recommended the matter to be placed before the syndicate for final decision. Accordingly, the matter was placed before the 35th meeting of the syndicate of the Univers..
Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92
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. ......the time of the trial. Nevertheless, the documents recently received from ANZ Grindlays Bank supporting the facts alleged by the defendants are proved. 21. The learned Advocate relied on several decisions i.e. the case of Jadav Chandra Vs. Abdul Khaleque, 27 DLR (AD) 114, the case of Abul Kalam..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: ......f accused and to allow him to place his case at the time of the charge hearing. He argued that the principle he relies on is so immutable that slightest departure from that dogma is bound to plunge a decision to nihility. Mr. Huq further submitted that while conducting charge hearing, the Court conc..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: ......of Bangladesh. Judgment AHM Shamsuddin Choudhury J. - By engaging Article 102 of the Constitution of the People’s Republic of Bangladesh, the Petitioner before us impugned a purported decision arrived at by the respondent nos. 2 and 3, which stands figured in Annexure-A to the Writ P..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: ......gladesh. Judgment AHM Shamsuddin Choudhury J. – By engaging Article 102 of the Constitution of the People’s Republic of Bangladesh, the Petitioner before us impugned a purported decision arrived at by the respondent nos. 2 and 3, which stands figured in Annexure-A to the Writ P..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.
......les and, therefore, the sanction which was granted by a Commissioner, and not the Commission itself, is without lawful authority. In support of his contention the learned advocate has referred to the decisions in Commissioners of Customs and Excise Vs. Cure & Deeley, Ltd., reported in [1961] 3 A..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......all, to ensure that all others, including the investigating agencies and the judiciary, are made aware of the relevant provisions of law. It is his duty to assist the Court to come to a just and fair decision in accordance with the law. Quite clearly, the learned advocate appearing for the State was..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. ......rocedure and has failed to understand the purpose of promulgation of Bankruptcy Act, 1997 as well as its application. Both the Courts below have committed an error of law resulting an error in the decision occasioning a failure of justice in allowing application under section 33(1) of the Bankru..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......se although no material was placed before the Court of that effect or that there was no basis before the learned Judge in coming to the findings to that effect and that the Tribunal gave the impugned decision mechanically without assigning any reason therefor. He further submits that the accused-opp..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
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