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Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

...., quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ...... of review, re-hearing of the whole matter is not initiated. To succeed a postulant must show that this Division resorted to a fundamental error of law, which remains apparent on the face of the judgment. One of the most striking examples would be where this Division acted per incuriam or ..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Ananda Shipyard & Slipways Limited Vs. Commissioner Customs Bond Commissionerate, Dhaka, 2015, 44 CLC (HCD)

....shy;cate the matters in accordance with law. No cost. Communicate the judgment to respondent No. 1 at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 98   ......etitions No. 9714 of 2014 and 10088 of 2014. The parties to the writ petitions are same and therefore, these writ peti­tions have been heard together and are being dis­posed of by this common judgment. 2. In Writ Petitions No. 9714 of 2014 and 10088 of 2014, the petitioner— M/s. A..

Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

....nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......e instructed by Md. Nawab Ah, Advocate-on-Record—For Respondent No.1(b). None Represented—For Respondent Nos.1 (a), 1(c)-1(d), 2-49. Civil Appeal No. 335 of 2003. (From the judgment and order dated the 12th day of July, 2000 passed by the High Court Division in Appeal from..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)

....r of stay granted earlier by this i  Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354   ......e to be quashed. 11. Appellate Division upheld the said deci­sion of the High Court holding:— "We have considered the submissions of the learned Advocate and gone through the judgment and find no substance in the sub­mission of the learned Advocate since under section 13..

Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0

Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)

....from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......mdash;For the Appellant. Biswajit Deb Nath, Deputy Attorney-General instructed by Mahmuda Begum, Advocate-on-Record— For the Respondent. Criminal Appeal No. 59 of 2009. (From the judgment and order dated the 4th day of October, 2007 passed by the High Court Division in Criminal ..

Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ......o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)

....ed time from the date of knowledge of the registration of the sale deed. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 210. ...... Petitioners. Kliurshid Alam Khan, Advocate, instructed by Gias Uddin Ahmed, Advocate-on-Record—for the Respondents. Civil Petition for Leave to Appeal No. 489 of 2015. (From the judgment and order dated 8-9-2014 passed by the High Court Division in Civil Revision No.107 of 2000..

Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24

Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

....t the petitioner. In the result, the Rule is discharged without any order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 245. ......t the petitioner. In the result, the Rule is discharged without any order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 245. ..

Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7

Durnity Daman Commission, represented by its Chairman, Dhaka Vs. M Sahabuddin Ahmed and others, 2015, 44 CLC (AD)

....t cannot quash a proceeding. The judgment of the High Court Division is set-aside. This petition is accordingly disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 176 ......0-2014 passed by the High Court Division in Writ Petition No. 2024 of 2009).    Order Surendra Kumar Sinha CJ.- This petition at the instance of Durnity Daman Commission is from a judgment of the High Court Division which has quashed the proceeding of Special Case No. 2 of 2008, ..

Category: Constitutional Law | Date: 19 Feb, 2015 | Hits: 9

Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

.... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ......(2), (2Ka), (2Kha), (2Ga), (3) and (4) of section 33. Sub-sec­tion (6), however, provides that if excess money is realized through such auction sale, the decree-holder will refund the same to the judgment debtor, and if the sale proceeds do not cover the decreetal amount, the decree-holder will ..

Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4

Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)

.... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147.   ......e, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. None Represented—Respondents. Criminal Petition for Leave to Appeal No. 151 of 2013. (From the judgment and order dated 8-11-2012 passed by the High Court Division in Criminal Miscellaneous Case ..

Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16

Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)

....by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ......he Prevention of Corruption Act, 1947 read with sections 161/165A of the Penal Code and to conclude the trial expeditiously preferably within 6(Six) Months from the date of receipt of the copy of the judgment and order. 24. The order of stay granted at the time of issuance of the Rule on 15-5-2..

Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4

Sohan Kumar Agarwala Vs. Assistant Registrar, Department of Patents Designs and Trade Marks and another, 2015, 44 CLC (AD)

....tions made hereinbe­fore. We make it very clear that the Registrar himself shall hear and dispose of the matter. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 213.   ......structed by SR Khosnabish, Advocate-on-Record—For Respondent No. 2. None Represented—For the Respondent No. 1. Civil Petition for Leave to Appeal No.1004 of 2011. (From the judgment and order dated the 23rd day of January, 2011 passed by the High Court Division in Trade Ma..

Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20

State Vs. Engineer Monjurui Ahsan Munshiand another, 2015, 44 CLC (AD)

....t afresh. The leave petitions are accordingly, dis­posed of with the above observations and direc­tions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 149   ......n, Senior Advocate instructed by Md. Wahidullah, Advocate-on-Record-For the Respondent.(In both the cases) Criminal Petition for Leave to Appeal No. 511 of 2011 with 462 of 2013. (From the judgment and order dated 23-6-2011 passed by the High Court Division in Criminal Appeal No. 5948 of ..

Category: Criminal Law | Date: 2 Feb, 2015 | Hits: 11

Jahirul Haque and another Vs. State, 2015, 44 CLC (AD)

....tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ......etitioners. Biswajit Deb Nath, Deputy Attorney-General (appeared with the leave of the Court)—For the Respondent. Criminal Petition for Leave to Appeal No. 210 of 2012. (From the judgment and order dated 15-12-2011 passed by the High Court Division in Criminal Appeal No. 1780 of..

Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5

Star Vegetable Oils Limited, 195 Motijheel C/A, Dhaka Vs. The Commissioner of Taxes, Taxes Zone-03, Dhaka, 2015, 44 CLV (HCD)

....tive and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. This Case is also Reported in:     ......tive and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. This Case is also Reported in:     ..

Category: Fiscal/Taxation Law | Date: 14 Jan, 2015 | Hits: 1

Getco Trading Limited, Represented by its Managing Director Mr. K.M. Khaled Vs. The Commissioner of Taxes, Taxes Zone-14, 2015, 44 CLC (HCD)

....of the account, save and accept the statutory disallowances. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ...... Rahman J.— These 3(three) Income Tax Reference Applications having involved the question of law based upon similar set of facts, have been heard analogously and now disposed off by this single judgment. 2. Income Tax Reference Application No. 226 of 2012 is related to assessment year 200..

Category: Fiscal/Taxation Law | Date: 12 Jan, 2015 | Hits: 1

Anti-Corruption Commission, represented by its Chairman Vs. Haji Md. Salim and another, 2015, 44 CLC (AD)

....eal on merit afresh. The leave petition is accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 127.   ...... being pressed. Since the High Court Division has acquitted the respondent on tech­nical point which is contrary to the views taken by this Division, if we dismiss the petition as prayed for, the judgment of the High Court Division shall remain with the record and in that case, the Special Judge..

Category: Criminal Law | Date: 12 Jan, 2015 | Hits: 6

Islami Bank Bangladesh Limited, Head Office-40, Dilkusha C/A, Dhaka-1000 Vs. The Commissioner of Taxes, Audit Wing, Large Taxpayer’s Unit, Dhaka, 2015, 44 CLC (HCD)

.... Supreme Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani, J: I agree. Ed. This Case is also Reported in: ...... the Ordinance) and the parties to the income tax reference applications are same. Therefore, these income tax reference applications have been heard together and are being disposed of by this common judgment. 2. Income Tax Reference Application No. 20 of 2005 (assessment year 2003-2004) has ar..

Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 1

Islami Bank Bangladesh Limited Vs. Commissioner of Taxes, 2015, 44 CLC (HCD)

....Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J.- I agree. This Case is also Reported in:     ...... the Ordinance) and the parties to the income tax reference applications are same. Therefore, these income tax reference applications have been heard together and are being disposed of by this common judgment. 2. Income Tax Reference Application No.20 of 2005 (assessment year 2003-2004) has ari..

Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 58