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Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....f Divisional Special Judge, Dhaka so far the petitioner is concerned should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The fact relevant for disposal of the rule, in short, is that one Md. Golam Mostafa, Anti-Corruption Officer,...... 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 .......gh Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment April 22, 2010. Result: The ...... 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 ...Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....anction under Section 197 of the Code of Criminal Procedure is required. 25. In view of the above observations and findings, we are of the view that the High Court Division having considered the relevant laws, all the materials on record and the submissions advanced on behalf of the petitioner ......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ...... GA. Monterio 1957AIR (SC) 13 (1889) ILR 26 Cal 158 (DB) AIR 1973 SC 33; P.P. Unnikrishnan Vs. Puthyottil Ahkulty AIR 2000 SC 2952; S. Kuppuswami Rao Vs. The King, AIR 1949 FC1; Swesh Kumar Bhikamchand Jain Vs. Pandey Ajay Bhushan, AIR 1998 SC 1524; P.K Pradhan Vs. State, AIR 2001 SC 2547; Abdul A......g into Bangladesh contraband goods in breach of prohibition or restriction on import by law through Chittagong Port and selling the same in Dhaka; that the accused persons could not produce any valid documents in respect of the seized goods and they in collaboration with C & F agents and the Cus..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)
.... under Section114 of the Penal Code against the petitioner No.1 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 relevant for the disposal of this rule, in short, is that one Kazi Md. Ataur Rahman (Boro Babu) bein......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. ......LR (HCD) (2012) 416. ......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. ..Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8
M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)
.... 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 governing the issue. 10. Section 42(1) made provisions for filing of the ......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. ...... SM Emdadul Hoque J M/S. Golden Match Works Limited, Katirhat, North Kattali, Police Station-Pahartoli, District-Chittagong……………………Petitioner Vs. Customs, Excise and VAT Appellate Tribunal, represented by its President, Jiban Bima Bhaban, (4th Floor), 10, Dilk......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. ..Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8
....isions of the Customs Authority of imposition of 5% customs duty instead of 0% can be sustained under law.
25. Admittedly after arrival of the goods at Chittagong Port the petitioner submitted the relevant Ex-bond Bills of Entry on 03.07.2007 when the customs duty 0% and 5% customs duty has alrea......ex-bond Bills of Entry on 03.07.2007 thus he prayed for discharging the Rule.
23. We have 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 decisio......ision
(Special Original Jurisdiction)
Present:
Md. Ashfaqul Islam J
SM Emdadul Hoque J
Shabnam Vegetable Oil Industries Limited, having its Factory at 194 Tarabo, Rupgonj, Narayanganj and Head Office at 83, Khatungonj, T.K, Bhaban, Chittagong………………………..Petitioner
......Bills of Entry on 03.07.2007 thus he prayed for discharging the Rule.
23. We have 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 th..
Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....awful authority and of no legal effect. 2. Pending disposal of the Rule, further proceedings of the case were stayed so far as it relates to the accused petitioner. 3. The facts of the case relevant for disposal of this Rule, in brief, are that a notice under memo No.দুদক/১৭৩...... 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. ......ellip;…………………Petitioner Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others……………………………&h...... 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. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
...., now pending before the Special Judge, Court No.1, Dhaka should not be declared to have been initiated and continued without lawful authority and is of no legal effect. 2. The facts of the case relevant for disposal of this Rule, in brief, are that a notice under section 26(1) under Memo No....... 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. ......al Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Safiat Sobhan………………….Petitioner Vs. Anti-Corruption Commission and others………Respondent Judgment March 22, 2010. Result: Th...... 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. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
....ion of their services and the University Authority constituted a four member committee to examine the matter and submit report. The committee after thorough deliberations and examinations of the relevant papers submitted its report on 17.09.2008 to the Authority with the findings that the writ-......eir services and the University Authority constituted a four member committee to examine the matter and submit report. The committee after thorough deliberations and examinations of the relevant papers submitted its report on 17.09.2008 to the Authority with the findings that the writ-petitione......
......
The order of stay granted earlier is extended till disposal of the appeal.
The petitioners are permitted to add the additional grounds.
The petitioners are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire.
..
Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92
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. ......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. ......p;......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. ..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....id letter on 13-10-94 giving all details regarding the sale transaction and complied with the requirements of the RAJUK and presented all original documents to RAJUK in person and photo copies of the relevant documents viz. Power of Attorney, lease agreement of RAJUK and approved plan and all receip......o appear personally or through their representatives before the Member, Estates with all their documents by 15-10-94. The principal defendant No.1 appeared before the Member, Estate with all relevant papers and documents but the plaintiff did not appear. Defendants thereafter, stated that, it will a......bsp; AKM Abdul Hakim J Abdur Rouf Chowdhury (Md.) & others……................ Appellants Vs. Mirza Shahabuddin Ispahani and others...................Respondents Judgment March 10, 2010. Result: ......ting No.2/94 dated 31-3-1994. The proforma defendant No.5 thereafter, for reasons known to them, gave a letter under reference No. RAJUK/Estate/4001 STHA dated 27-9-94 seeking further information and documents. Defendant No.1 as lawfully constituted attorney of the plaintiff gave a reply to the said..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....gning the charge, as framed, the petitioner alleged that the learned Court below acted without lawful authority by framing charge, notwithstanding the Petitioner’s absence from the Court at the relevant time. The second leg of attack was erected on the claim that neither the FIR, nor does the ......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: ...... Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Borhanuddin J Sheikh Hasina Wazed, alias, Sheikh Hasina, former Prime Minister of Bangladesh, wife of Dr. Wazed Ali Mia and daughter of the Father of the Nation Late Bangabandhu Sheikh Mujibur Rahman Sudha Sadan, House N......t dogma is bound to plunge a decision to nihility. Mr. Huq further submitted that while conducting charge hearing, the Court concerned is bound to explain and examine all the facts as revealed by the documents before it and that it can frame charge only on being satisfied that the documents before i..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....pugned decision was embryogenesised with a depraved fertilisation process that took place in the thoughts of the Commission. 6. The petitioner’s case is that the government in power at the relevant period, with malice aforethought and ulterior motives, in order to malign the stature and t......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: ......eported in: ......n can be invoked without relying on any other penal law because Section 5 (2) can stand on it’s own legs. 19. Having heard the learned advocates of both the sides and having considered the documents in the file, it is our view that we are to address the following questions in the process ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....pugned decision was embryogenesised with a depraved fertilisation process that took place in the thoughts of the Commission. 6. The petitioner’s case is that the government in power at the relevant period, with malice aforethought and ulterior motives, in order to malign the stature and t......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: ......Reported in: ......wn can be invoked without relying on any other penal law because Section 5(2) can stand on it’s own legs. 19. Having heard the learned advocates of both the sides and having considered the documents in the file, it is our view that we are to address the following questions in the process ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....ed and issued without lawful authority and is of no legal effect."
2. Pending disposal of the Rule the proceedings of the Special Cases impugned in the Rules were stayed.
3. The facts, relevant for disposal of the Rules, in brief are that the two petitioners along with 23 others were ......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.
......hellip;…………………………………Petitioner (In Writ Petition No. 7195 of 2008)
Vs.
Anti Corruption Commission and others……………………………&h......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.
..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....rough knowledge of the provisions of law and to act in accordance with the law and, above 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 i......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. ......Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J The State..............................Petitioner Vs. The Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others....Respondents. Judgment March 1, 2010. Result: The Rule is disposed of with......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. ..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)
....ead of granting leave as per law has issued a rule. Since the matter arises out of an order passed in Civil Revision case the rule issuing order may be termed as leave granting order. 2. Facts relevant for disposal of the civil revision case are that the petitioner of this revision case ins......11.9.2000 for allowing him to purchase auction but that application was kept with record. The executing Court again directed the decree holder for publishing proclamation for sale through daily newspapers by order dated 16.10.2000 and thereafter the petitioners on several occasions published the....... Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ......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. ..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
....der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ......tice." 16. We have heard the learned Advocate appearing for the petitioner, perused the leave petition, impugned judgment and order passed by the High Court Division and all other connected papers on record. We are in respectful agreement with the decision of the Appellate Division repor...... Murad Reza, Additional Attorney General, instructed bv B. Hossain, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2592 of 2010. (From the judgment and order dated 27.10.2010 passed by the High Court Division in Writ Petition No.4968 of 2007.) ...... arrived at the airport and that were awaiting for clearance. The petitioner had already got the import registration certificate and bank account changed to the new name of the company and all documents were done in the name of Nuvista Pharma Limited. But the clearance of VAT authorities rem..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
....as rejected by the impugned order dated 6.07.2009 passed by the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal, Laxmipur in Nari-o-Shishu Case No. 47 of 2009. 2. The facts of the case relevant for disposal of this appeal, in brief, are that the appellant Nirmal Chandra Shaha lodged a......liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ...... This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)
....of the State opposite party. 8. Mr. Shakhawat H. Khan, learned Advocate for the accused-petitioners has taken us through the FIR, police report, petition of complaint, impugned order and other relevant documents and submits that the police after investigation submitted final report against t...... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ......LR (HCD) (2010) 420. ......ate opposite party. 8. Mr. Shakhawat H. Khan, learned Advocate for the accused-petitioners has taken us through the FIR, police report, petition of complaint, impugned order and other relevant documents and submits that the police after investigation submitted final report against the accus..Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
.... Sessions Judge (in-charge), Second Court, Chittagong should not be quashed and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. In short, the facts relevant for disposal of this Rule are as follows: One A.K.M. Baset, Attorney of the opposite p......der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......urt High Court Division (Criminal) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Jubayer…………………………..Accused-Petitioner Vs. The State and others…………………………….Opposite Parties Judgment November 09, 2009. ......der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
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