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Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
.... Supreme Court Appellate Division (Criminal) Present: Surendra Kumar Sinha CJ Md. Abdul Wahhab Miah J Hasan Foez Siddique J A.H.M. Shamsuddin Choudhury J Muhammad Kamaruzzaman………………......Petitioner Vs. ......, 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: ......criminal matter can be made on the ground of an error apparent on the face of the record. A review does not confer a right in any way to a litigant. It is now well settled that a review of an earlier order is not permissible unless the Court is satisfied that material error, manifest on the face of ......, 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: ..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
....avoid unnecessary repetition, the facts of the cases are narrated as under:—
The petitioner—M/s Ananda Shipyard & Slipways is a company limited by shares and incorporated in Bangladesh, The petitioner has trade license, bond license, import and export license and the petitioner ......2 and, as such, the petitioner could not export the vessels.
4. In the backdrop of the above facts and circumstances, the petitioner has filed these writ petitions and obtained the Rules with ad-interim orders of stay.
5. Respondent No.1 contested both the writ petitions by filing separate......hy;posed of by this common judgment.
2. In Writ Petitions No. 9714 of 2014 and 10088 of 2014, the petitioner— M/s. Ananda Shipyard & Slipways Limited has challenged the legality of the orders under Nothi Nos. ৫(১৩)৩৪৮/কাস-বন্ড/লাইঃ/২০০৪/পা......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
..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....ter the expiry of the period of 5 years. The parties intended to execute the deed for a limited period of 5 years in respect of the land which could be redeemed within the said period if the vendors had paid the amount received from the vendee. If the intention of the parties is to create a security......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. ......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 Appellate De......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. ..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)
.... (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Aminul Karim (Md.)....................................Petitioner Vs. Government of Bangladesh and others............ Respondents Judgment March 9, 2015. Result: The Rul......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 ...... Double Mooring Police Station Case No. 12 of 2013. It is at this stage the petitioner who is also an accused in the aforesaid two criminal cases moved this Division and obtained the present Rule and order of stay. 5. None appears for the petitioner though this writ petition came up for hearing......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 ..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)
....ibunal) in Nari-o- Shishu Nirjatan Bishesh Mamla (Nari-o-Shishu) No.147 of 2000 and was charged under section 11 (ka) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (the Ain, 2000) to which he pleaded not guilty and claimed to be tried. The co-accused (Amanath Ullah Fakir, since acquitted) was c......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. ......quo;নারী’ for dowry and (ii) imprisonment for life if anyone attempts to cause death of a ‘নারী’ for dowry and in both the cases, fine has to be also imposed. So, in order to convict a person and to sentence him under clause-(ka) of section 11, there must be evidenc......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. ..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
....ahman Nafor...................Petitioner
Vs.
Secretary, Ministry of Home Affairs and others.........Respondents
Judgment
March 2, 2015.
Result:
The Rule is made absolute.
In the absence of any substantial and concrete materials on record it is difficul......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
......elling the petitioner's Arms Licence No.31/98 (Annexure-'A' to the writ petition) should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. The case of the petitioner,......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)
....shy;emption was barred by limitation. The pre-emptors filed Civil Revisional application in the High Court Division and obtained rule. The High Court Division by the impugned judgment and order made the Rule absolute holding that the application was not barred by limitation. Then, the pre-......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. ...... 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.) Judgm......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. ..Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24
Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
.... Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Ramjan Ali Tarafder (Md.).......................Petitioner Vs. Bangladesh and others...... ...............Respondents Judgment February 22, 2015. &......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. ...... section 12(4) read with 33(2) of Ain the auction was held has no legs to stand. Since the auction of the concerned property of the petitioner was not sold in auction in pursuance of a decree or order as envisaged under section 33 of the Ain but the auction was made prior to filing of the suit ......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
....any relief from a Court of law unless he surrenders to the jurisdiction of the Court. He cannot claim fundamental rights enshrined in part III of the constitution. The High Court Division thus made fundamental error in quashing the proceeding in exercise of its extraordinary jurisdiction ......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
......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
......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
..
Category: Constitutional Law | Date: 19 Feb, 2015 | Hits: 9
Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....rt Division (Special Original Jurisdiction) Present: Sheikh Hassan Arif J Mustafa Zaman Islam J Mosharaf Hossain (Md.)..........................Petitioner Vs. Bangladesh and others...... …………………..Respondents Ju...... 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 ......For the Respondent No. 3. Writ Petition No. 10216 of 2011. Judgment Sheikh Hassan Arif J. — Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order being No. 59 dated 24-11-2011 (Annexure-D-2) passed by the Joint District Judge and Artha Rin ...... 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 ..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)
....eet. Since the petitioner was engaged in the said transaction and was also a beneficiary of it, a prima facie case of abetment regarding manipulation of the tender for sale of the abandoned property had been disclosed against him in the materials collected by the prosecution. By taking evidence...... 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. ...... 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 No. 20499 of ...... 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. ..Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16
Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)
....arred by Rule 16 but when the assistance is sought from the Anti-Corruption Commission it is bound to prepare and to conduct a proceeding...... (19 & 20) Case Referred to- A. Mirzazada Vs. The Crown, PLD 1956 (WP) Karachi 273; Abdur Rahman Vs. State, 27 DLR 268. Lawyers Invol......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 ......rnity Daman Commission Rules, 2007 as Trap case and the required proceeding have not been complied with. After hearing both the parties the learned Senior Special Judge, Joypurhat passed an order rejecting the applications under section 265-C of the Code of Criminal Procedure by its order ......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 ..Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4
....man Ali J
AHM Shamsuddin Chowdhury J
Sohan Kumar Agarwala....................Petitioner
Vs.
Assistant Registrar, Department of Patents Designs and Trade Marks and
another................Respondents
Judgment
February 9, 20......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.
......R 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 Mark Appeal No.......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.
..
Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20
State Vs. Engineer Monjurui Ahsan Munshiand another, 2015, 44 CLC (AD)
.... Ahsan Munshi was put on trial before the Special Judge, 5th Court, Dhaka in Special Case No. 4 of 2007, for offences punishable under sections 26(2) and 27(1) of Durnity Daman Commission Ain, 2004 read with Rule 15(Gha) (5) of the Jaruri Khamata Bidhimala, 2007 and section 5(2) of the Prevention of......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 ......ocate 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 2007) Or......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 ..Category: Criminal Law | Date: 2 Feb, 2015 | Hits: 11
Jahirul Haque and another Vs. State, 2015, 44 CLC (AD)
....eferred appeal in the High Court Division which was dismissed. Then, they filed this petition. 7. Mr. Md. Khurshid Alam Khan, learned Counsel appearing on behalf of the petitioners, submits that admittedly the petitioners were severely injured and the people, assaulting the petitioner Billal, b......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. ...... 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 2004.) ......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. ..Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5
....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:
......e, 1984 (Ordinance No.XXXVI of 1984)
Sections 83(2), 177 and 154(3)
In the circumstances and facts whether the Taxes Appellate Tribunal Division Bench-03 Dhaka was justified maintaining the order of the Commissioner of Taxes (Appeal) without disposing the appeal on merit.
The Taxes Ap......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
....Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......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:
...... the Income Tax Ordinance, 1984. In the instant case, the Deputy Commissioner of Taxes did not comply the provision of section 83(2) of the Income Tax Ordinance 1984 while writing the assessment order, although the DCT concern felt inadequacy of evidence as to the genuinity of the claimed incur......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:
..
Category: Fiscal/Taxation Law | Date: 12 Jan, 2015 | Hits: 1
....rved upon the respondent in accordance with the Ain and in arriving at such conclusion, it has relied upon the case of Anti-Corruption Vs. Mohiuddin Khan Alamgir, 62 DLR (AD) 290.
3. We have already decided that the offence punishable under section 27 of the Ain is distinct offence and no notic......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.
......by Mahmuda Begum, Advocate-on-Record—For the Petitioner.
None Represented—For the Respondents.
Criminal Petition for Leave to Appeal No. 438 of 2011.
(From the judgment and order dated 2-1-2011 passed by the High Court Division in Criminal Appeal No. 3537 of 2009)
Ord......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.
..
Category: Criminal Law | Date: 12 Jan, 2015 | Hits: 6
.....
This Case is also Reported in:
...... 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:
......ome Tax Reference Application No. 20 of 2005
(Assessment year 2003-2004)
(a) Whether, in the facts and circumstances of the case, the Taxes Appellate Tribunal was justified in upholding the orders of the Commissioner of Taxes (Appeals) and the Deputy Commissioner of Taxes in disallowing&nb...... 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:
..
Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 1
Islami Bank Bangladesh Limited Vs. Commissioner of Taxes, 2015, 44 CLC (HCD)
....o Reported in: ......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: ......rence 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 arisen out of the order dated 25.10.2004 passed by the Taxes Appellate Tribunal, Division Bench-3, Dhaka (the Tribunal......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: ..Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 58
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