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Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....opy of this judgment be transmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ......opy of this judgment be transmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ...... of the Appellate Division in Civil Petition for Leave to Appeal No.22 of 2010 it was held as follows:- "It is well settled that when a person seeks remedy form a Court of law, either in writ jurisdiction or Criminal appellate, revisional or miscellaneous jurisdiction under section 561A of t..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......mplainant opposite party and the complainant opposite party is not the Proprietor of "Messrs Hossain Traders". As a result institution of the instant case by the complainant opposite party is without jurisdiction and, as such, institution and continuation of the impugned proceeding by a wrong pers..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
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. ......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. ......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. ..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....ect of 25 decimals of land settlement dag Nos.692, 693 694 were prepared in khatian No.478 in the name of Md. Salimullah and it has been recorded as in dag No.1022 for 15 decimals of land. This being totally wrong as the khatian was not prepared as per the requirement of law, plaintiffs filed the su......oreover, the case make out by the Government in their written statement is totally vague as it does not disclose as to when the property become enemy property and when the vendor left the country. In absence of any positive evidence on behalf of the Government we can safely be concluded that the pro......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. ..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....... 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....... 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...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 ....... 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 ....... 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)
....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. ......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. ......tted by the public servant in the discharge of his official duty and such public servant is not removable from his office except with the sanction of the government as stated therein touches the very jurisdiction of the Court. Having a comprehensive view of the leading decisions the Supreme Court of..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
....nil Kumar Kha 10 BLC (AD) 153 held: "It is seen from the order of the learned Subordinate Judge that the defendant-petitioners in support of their case for setting aside the ex parte decree totally failed to establishthat summons was not served or the defendants were prevented by suffici....... 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 . ....... 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 . ..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. ......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. ......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
....7 came into effect from 01.07.2007.
5. That in course of business, the petitioner opened a Letter of Credit being L/C No.5647141502 dated 21.05.2007 through City bank N.A. Chittagong for import of total 2650 Metric tons (+710%) of Crude Plam Olein ("CPO") bearing H.S. Code No.15.11.10.00 ("the im......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.
......same should be declared to have been made without lawful authority and of no legal effect.
20. Mr. Kamal next submits that the impugned orders are liable to be declared to have been passed without jurisdiction in as much as, the impugned e orders have been passed in abuse of executive power for 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. ......ve from justice When the accused petitioner is alleged to have aided and abetted commission of cognizable offence she is liable to appear before the appropriate Court and surrender there. In the absence of such surrender she is a fugitive from justice……………&hel...... 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)
.... 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. ......name of a person or others dependent on him when he failed to explain such acquisition. He submits that the Appellate Division held that no citizen could be arraigned for such a severe offence in the absence of service of any notice or order for explaining the source of income and that offence of ab......igh Court Division is not sustainable in law and in this view of the matter the impugned Judgment and order issuing Rule and staying the proceedings in the aforesaid two cases are illegal and without jurisdiction. 11. We may also take support from the unreported decision of the Appellate Divisi..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.
......e considered that the শেরে বাংলা কৃষি বিশ্ববিদ্যালয় আইন, ২০০১ does not provide any provision to appoint staffs on ad-hoc basis and in absence of such provision whether the appointment of the writ-petitioners on ad-hoc basis could be h......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.
..
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. ......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)
..... Result: The appeal is dismissed. Amendment of Pleadings In exercising this power the Supreme Court would be reluctant to allow an amendment which would have the effect of totally altering the nature of the suit or of taking away a valuable right accrued by lapse of time,....... 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. ....... 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. ..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....me at the conclusion of her treatment in the United States. So, this failure on the part of the Court below to follow strictly the commandments of Section 242 Cr.P.C., without more, in our view, totally vitiated the charge hearing process, thereby plunging the charge as framed, to oblivion. ......fore the learned Court below at the time of the charge hearing because of her ailment. She was only represented by her duly empowered lawyer Ms. Shahara Khatun. The charge was therefore framed in her absence. 7. In impugning the charge, as framed, the petitioner alleged that the learned Court b......he instant case, thereby allowing the mortification of the minimum tenet of justice. In support of his contention Mr. Huq cited a plethora of authorities, stemming from the superior Courts in various jurisdictions, to vindicate his contention as narrated above. He went on to submit that the charge h..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ence of malafide action is quite conspicuous. 4. In impugning the direction concerned, the Petitioner has alleged that the direction contained in the impugned notification, dated 24.08.2005, was totally bereft of jurisdiction in that (1) no officer (the respondent no 5 in the instant case) can ...... no offence, that the allegation of malice stands vindicated, it will be totally incongruous to allow the criminal proceeding to continue, and that it is quite open to us to set aside the proceeding, absence of this relief in specific term in the Rule notwithstanding. Relying on the Appellate Divisi......ction is quite conspicuous. 4. In impugning the direction concerned, the Petitioner has alleged that the direction contained in the impugned notification, dated 24.08.2005, was totally bereft of jurisdiction in that (1) no officer (the respondent no 5 in the instant case) can dictate the invest..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....dence of malafide action is quite conspicuous. 4. In impugning the direction concerned, the Petitioner has alleged that the direction contained in the impugned notification, dated 24.8.2005, was totally bereft of jurisdiction in that the, (1) no officer (the respondent no 5 in the instant case)...... no offence, that the allegation of malice stands vindicated, it will be totally incongruous to allow the criminal proceeding to continue, and that it is quite open to us to set aside the proceeding, absence of this relief in specific term in the Rule notwithstanding. Relying on the Appellate Divisi......action is quite conspicuous. 4. In impugning the direction concerned, the Petitioner has alleged that the direction contained in the impugned notification, dated 24.8.2005, was totally bereft of jurisdiction in that the, (1) no officer (the respondent no 5 in the instant case) can dictate the i..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 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.
...........)Then again Rule 15(4) says that subject to ACC laws and the Rules, after completion of investigation, if the investigation officer is required to file the charge sheet in the Court of competent jurisdiction, only in that case prior sanction of the Commission is necessary."
21. In the..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....a picture of three very young children, two boys and one girl, alleged to be aged 14, 9, and 7 years respectively. They were apprehended by the Bhairab Railway Police for having in their possession a total of 3kg of hemp (ganja) and were being held in jail custody. Upon consideration of the informat......Unnayan Kendro, Tongi was at all considered by the OC. As the children were not granted bail then they ought to have been kept in a place of safety in accordance with section 2 (j) of the Act. In the absence of any explanation we can only presume that the children were kept overnight in the police s......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
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