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Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)

.... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ......with the possession of the writ petitioners. 6. Mr. A. F. Hassan Ariff, learned counsel appearing for the Government of Bangladesh submitted:- “a) the High Court Division committed gross error of law in holding that the previous owner of land remains a co-owner of the part acquired vested proper..

Category: Property Law | Date: 15 May, 2011 | Hits: 100

Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)

....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......arrants conviction and sentence and the learned Judge of the Tribunal rightly convicted him and therefore, the rule should be discharged. 11. Learned Deputy Attorney General raised a question of law as to whether this court is empowered to scan the evidence on record in a criminal miscellaneous..

Category: Women and Children | Date: 15 May, 2011 | Hits: 95

Mohammad Tayeeb and another Vs. Government of the People’s Republic of Bangladesh (Fatwa Judgment), 2011, 40 CLC (AD)

....authorized, is maintained. No order as to costs. This Case is also Reported in:                   ......e backward section of the people from all forms of exploitation. 8. Part III of our Constitution guarantees Fundamental Rights of the people of Bangladesh, such as, among others, equality before law (Art. 27), equal rights of women with men [Art. 28(2)], right to protection of law (Art.31), pro..

Category: Civil Law | Date: 12 May, 2011 | Hits: 34

Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)

..... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ......in the charge sheet against the accused petitioner is considered in its entirety and taken to be true the same does not disclose any offence against the petitioner under the aforesaid sections of the law. He next submits that, it has been specifically stated in the FIR as well as in the charge sheet..

Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223

Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)

....aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......onally avoided to repay the loan amount to the bank and in this way till 31.12.1995 there was an outstanding dues of Tk.1, 53,412/- against the defendant. On 30.07.1996 the plaintiff bank through its lawyer sent a notice to the defendant to make payment of Tk. 1,53,412/-, although the defendant rece..

Category: Banking Law | Date: 11 May, 2011 | Hits: 210

Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)

....12-9-2000. (underlining by us) 25(c). Despite of the said discloser of fact that the plaintiff transferred her share certificate to Moazzem Hossain (defendant No.7), the plaintiff abstained from amending her plaint, seeking proper remedy. The plain­tiff proceeded with the disposal of her su......imited and the plaintiff being a house­wife purchased 30347 share from said Ispahani Limited and became a share hold­er. Her name was duly registered in the register book. As per the existing law her share holdership still existing. The valua­tion of each share was at the rate of Taka 10..

Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9

Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)

....No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......t No.1 vessel and has no authority to transfer the right on the vessel and as such the owner of the vessel M/S. Doosan Capital Co. Ltd. is not responsible for any liability in any manner under such unlawful agreement between the plaintiff and the defendant No. 2. Since the owner of the defendant No...

Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70

Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)

....-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......tan Daman Ain that sometimes the learned Judges while dealing with those cases become emotional and partisan and Sympathetic to the women. Now a days it is admitted by most the jurists that this very law has been rampantly mis­used and in most of the cases police handles those cases recklessly and ..

Category: Women and Children | Date: 2 May, 2011 | Hits: 171

M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)

....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......ntioned in the marine insurance policy. The defendant No.6 did not supply the specified goods and therefore the plaintiff’s so-called loss is not covered by the insurance policy. The defendant No.4 lawfully refused the claim of the plaintiff. The defendant No.4 further claimed that as the supplier..

Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64

National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)

.... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ......ts total receipts, without deciding the status of Gemcon Ltd. or its actual liability under the VAT Act. 12. Under the circumstances, the High Court Division, with respect, committed an error of law in holding that the company being engaged in holding that the company being engaged in ‘..

Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217

A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)

....side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ......sent to the Senior Special Judge, Habiganj and was registered as Special Case No.7 of 1997. The learned Judge of the Tribunal framed charge against the appellant and others under the same sections of law by order dated 11.3.1999, to which the appellant pleaded not guilty and claimed to be tried. Sub..

Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200

Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)

....o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......It is not clear what prevented to record her statement immediately after her recovery. Moreover it is apparent on the evidence of the Magistrate that her statement was not recorded in accordance with law and it was recorded on plain paper, not on a prescribed form. Even then if we consider the state..

Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159

Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)

....we find no merit in the sub­missions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ......ladesh and others………….......Respondents Judgment April 3, 2011. Result: The petition is dismissed. Whether writ petition itself is maintainable in law or whether the writ petitioner has got any interest in the matter Writ-petition in question..

Category: Election Law | Date: 3 Apr, 2011 | Hits: 168

Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)

.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ......ue on limitation and decided it in favour of the plaintiffs. The defendants in their memo of appeal did not take any ground on limitation. In such a case, the lower appellate Court committed error of law in raising and deciding the issue of limitation. 12. On perusal of the oral evidence, it appe..

Category: Property Law | Date: 31 Mar, 2011 | Hits: 68

Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)

.... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ...... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ..

Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100

ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)

....o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ...... before the Building Construction Committee. He also stated that the said plan was fake one, which was created by the appellant himself. But, no where in the FIR, informant mentioned any provision of law which has been violated by the appellant. 30. To appreciate the prosecution allega­tion..

Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3

Md. Zaved Khan Vs. Anti Corruption Commission and others, 2011, 40 CLC (HCD)

....vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ......the মানিলন্ডারিং প্রতিরোধ আইন, ২০০৯. 4. On such submission we have gone through the application meticulously and the respective pro­vision of law incorporating in the মানিলন্ডারিং প্রতিরোধ আইন, ..

Category: Criminal Law | Date: 22 Mar, 2011 | Hits: 75

Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)

....to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... of acquittal in this case and the trial court without applying his judicial mind rejected the prayer for bail of the appellants most illegally and as such the impugned judgment is not sustainable in law which is liable to be set aside and the appellant No.1 may be enlarged on bail. He further submi..

Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77

Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)

....levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......ead, the convict was hatching up conspiracy to commit sexual inter­course with her. On 20-12-2002 at about 7-30 PM while the P.W.1 was coming back home after view­ing television from her brother-in-law's house, on the way near the house of the convict, she was caught and raped by the convict. The ..

Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165

Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)

....any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......urther levy of taxes by the Deputy Commissioner of Taxes is illegal" and this judgment has become a binding precedent. The Deputy Commissioner of Taxes (hereinafter called DCT) misunderstood the law and served a notice under section 83 (1) and 79 of the Ordinance for personal hearing and follow..

Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123