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Md. Zaved Khan Vs. Anti Corruption Commission and others, 2011, 40 CLC (HCD)
....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, ......sion (Special Original Jurisdiction) Present: Md. Anwarul Haque J Md. Akram Hossain Chowdhury J Md. Zaved Khan…………………….Petitioner Vs. Anti Corruption Commission and others………………………..Respondents Order March 22, 2011. Result: The app......part of the main petition. 2. One Md. Zaved Khan has filed this application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh challenging the legality of the order dated 6-7-2010 in Permission Petition No.76 of 2010 passed by the learned Senior Special Judge..Category: Criminal Law | Date: 22 Mar, 2011 | Hits: 75
Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)
.... 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...... This Case is also Reported in: ......or the respondent. Criminal Appeal No. 7893 of 2009. Judgment AKM Asaduzzaman J. - This appeal was preferred under section 28 of the Nari-O-Shishu Niarjatan Daman Ain, 2000 against the order dated 25.11.2010 passed by the Nari-O- Shishu Nirjatan Daman Tribunal, Narail in Nari-O-Shishu..Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....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 ......ssistant Attorney-General - For the State. Criminal Appeal No.1439 of 2006. Judgment M Enayetur Rahim J.- Convict Nazmul Islam alias Nazu has preferred this appeal against the judgment and order of conviction and sentence dated 6-3-2006 passed by the learned Judge, Nari-o-Shishu Nirja......tant Attorney-General - For the State. Criminal Appeal No.1439 of 2006. Judgment M Enayetur Rahim J.- Convict Nazmul Islam alias Nazu has preferred this appeal against the judgment and order of conviction and sentence dated 6-3-2006 passed by the learned Judge, Nari-o-Shishu Nirjatan ..Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....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......;s Cirle-15/Taxes Zone-05/2008-2009. 2. Facts leading to the filing of this Reference Application, in short, are that the applicant is engaged in share trading business as a limited company and a regular tax payee. Under section 53BBB of the Ordinance as a regular payee he paid tax at the ...... Md. Ashfaqul Islam J. - This Reference application under section 160(1) of the Income Tax Ordinance, 1984 (hereinafter referred to as Ordinance, 1984) has been filed by the applicant against an order of the Taxes Appeal Tribunal, Division Bench-5 Dhaka, passed in Income Tax Appeal No. 4408 of ..Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
.... vi) What amount is payable by the decree holder towards income tax for getting the kabala deed executed and registered? vii) Whether the impugned Judgment and decree are sustainable in law? 12. Let us take up issue No. i, ii, iii and iv together for consideration and decision:&md......is also Reported in: 65 DLR (HCD) (2013) 543 ......84 (exhibit-'kha'). Thereafter, the present plaintiff preferred Civil Petition for Leave to Appeal No.274 of 1984 before the Appellate Division and that was dismissed by the judgment and order dated 28-2-1985 vide exhibit 'Gha'. The Appellate Division directed the present appell..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......Division (Civil) Present: Md. Mozammel Hassain J Surendra Kumar Sinha J Wahhab Miah J Nazmun Ara Sultana J Syed Mahhmud Hossain J Maulana Mohammad Shamsul Huq and others........................Petitioners Vs. Abu Taher and others………………………......dvocate instructed by Mrs. Mahmuda Begum, Advocate on Record-For the Petitioners Not represented-the Respondents Civil Petition for Leave to Appeal No.1450 of 2009. (From the judgment and order dated 12.05.2009 passed by the High Court Division in Civil Revision No.4049 of 2006.) Judgm..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)
....appearing for the petitioner submits that the lower appellate Court without any independent discussion over the issues mechanically dittoed the trial Court’s judgment and thereby committed error of law resulting in an error in the decision occasioning failure of justice. She further submits that s...... ....... Judgment Md. Ruhul Quddus J. - This Rule at the instance of a vendor, was issued on an application under section 115 (1) of the Code of Civil Procedure to examine the legality of judgment and order dated 11.4.2001 passed by the Subordinate Judge (now Joint District Judge), Second Court, Satk..Category: Property Law | Date: 20 Mar, 2011 | Hits: 59
Chunnu Vs. State, 2011, 40 CLC (HCD)
.... that Rafia dealt blow on the right side of the chest, Alia on the left-wrist and Chunnu on the right elbow and others dealt blows with hockey-sticks. 13. Another family member P.W. 5, sister-in-law of the deceased, also supported the prosecution case by and large. She deposed that while she al......smissed. Code of Criminal Procedure, 1898; Section 164(3) The appellant should not get any benefit from the acquittal of accused. In the instant case, the eye-witness versions of the P.W. 3 and P.W.11 and the said dying declaration of the deceased corroborated each other as to the particip...... are taken together for hearing and disposal by the same judgment. 2. The Convict-Appellants ("the Appellants") have preferred the aforesaid appeals against the judgment and order dated 23-11-2004 passed by the Druto Bichar Tribunal, Rajshahi in Druto Bichar Tribunal Case N..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
Alomgir Hossain alias Abdul Aziz Vs. State, 2011, 40 CLC (HCD)
....t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......se No. 3 dated 04.07.2009 under section 25B(2) of the Special Powers Act, rejecting the prayer for bail of the appellant. 2. 435 bottles of phensedyl was alleged to be recovered from a private Car and the appellant was arrested there from considering him as a driver of the car, accordingly an FIR......ssistant Attorney General-For the respondent. Criminal Appeal No. 1203 of 2010. Judgment AKM Asaduzzaman J. - This appeal was preferred under section 30 of the Special Powers Act against the order No.6 dated 15.02.2010 passed by the Special Tribunal No.1, Gopalganj, in Special Tribunal Case..Category: Criminal Law | Date: 15 Mar, 2011 | Hits: 76
M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)
.... benefit of section 47 of the Artha Rin Adalat Ain, 2003. 5. Mr. Syed Amirul Islam, the learned Senior Advocate for the writ petitioner, has argued that the Artha Rin Adalat Ain, 2003 is a special law and the special provisions which have been incorporated in this law shall have to be followed ......ate instructed by Syed Mahbubur Rahman, Advocate-on-Record- For respondent No.1. Not respondent-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 1196 of 2010. (From the judgment and order dated 11.03.2010 passed by the High Court Division in Writ Petition No.8731 of 2008.) J......instructed by Syed Mahbubur Rahman, Advocate-on-Record- For respondent No.1. Not respondent-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 1196 of 2010. (From the judgment and order dated 11.03.2010 passed by the High Court Division in Writ Petition No.8731 of 2008.) Judgm..Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
....405/09, dated 25-2-2009 (Annexure-D) purported to have been issued by the respondent No.7 allowing the petitioner to go on LPR from 25-2-2009 should not be declared to have been made without any lawful authority and hence, of no effect. 2. Facts, in brief, are that the petitioner being a f......) Present: Farah Mahbub J Farid Ahmed J Anwarul Alam (Md.)………………………..Petitioner Vs. Pubali Bank Ltd and others...............Respondent Judgment March 13, 2011. Result: The Rule is......rah Mahbub J.- In this Rule, issued under Article 102 of the Constitution of the People's Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned office order vide memo No. PBI/N.GONJ/ Release Order LPR 405/09, dated 25-2-2009 (Annexure-D) purported to ..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Md. Nazim Vs. State, 2011, 40 CLC (HCD)
.... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ......gment AKM Asaduzzaman J. - On an application under section 561A of the Code of Criminal Procedure this rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 24.7.2008 passed by the learned Metropolitan Special Tribunal No.7 and Juvenile C......t AKM Asaduzzaman J. - On an application under section 561A of the Code of Criminal Procedure this rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 24.7.2008 passed by the learned Metropolitan Special Tribunal No.7 and Juvenile Court..Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
....ction 115(1) of the Code of Civil Procedure and obtained the Rule. 7. Mr. M Asif Hasan, the learned Advocate appearing on behalf of the petitioner submitted that both the Courts committed error of law resulting in an error of decision occasioning failure of justice in not considering that the sum......l Hoque J.- On an application under Section 115 of the Code of Civil Procedure by the petitioner the Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned Judgment and order dated 18-2-1999 passed by the Subordinate Judge, 2nd Court, Manikganj in Miscellaneous App......que J.- On an application under Section 115 of the Code of Civil Procedure by the petitioner the Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned Judgment and order dated 18-2-1999 passed by the Subordinate Judge, 2nd Court, Manikganj in Miscellaneous Appeal ..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Major (Retd.) Nurullah and another Vs. State and Bother, 2011, 40 CLC (HCD)
....n view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 831. ...... (HCD) (2012) 831. ...... report will come within the purview of section 59 of the Bangladesh Army Act. So the proceedings under the Ain, 2000 is an abuse of the process of the Court which is liable to be quashed. 6. In order to appreciate his submissions we have gone through the record and given our anxious considerat..Category: Women and Children | Date: 8 Mar, 2011 | Hits: 90
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
.... In the impugned order dated 27.02.2011, it has been judged that it is not valid for the petitioner to continue holding the post of Managing Director of Grameen Bank and in view thereof he is not the lawful Managing Director of the Bank as the age of superannuation being 60 years under the Grameen B...... This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......r Article 102(2)(a) read with Article 44 of the Constitution of the People’s Republic of Bangladesh against the Government of Bangladesh, Bangladesh Bank, Grameen Bank and 13 others challenging the order issued vide Memo. No. BRPE(R)760/2011 dated 27.02.2011, Annexure-M by respondent No.3, General..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
Kazol and others Vs. State, 2011, 40 CLC (HCD)
....e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......aque J.- I agree. Ed. This Case is also Reported in: ...... appellants. Bashir Ahmed, Assistant Attorney General-For the respondent. Criminal Appeal No. 512 of 2007. Judgment AKM Asaduzzaman J. - This appeal was preferred against the judgment and order dated 31.01.2007 passed by the learned Additional Session Judge, Manikgonj in Session Case No...Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48
Ahammad Hossen alias Gura Miah Vs. State, 2011, 40 CLC (HCD)
....case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ....... After investigation police submitted a charge sheet on 17.1.2008 against the appellant under section 7 of the Nari-OShishu Nirjatan Daman Ain, 2000. 4. The appellant was arrested on 4.11.2007 and since his prayer for bail was rejected by the impugned order. He then preferred the instant appe......espondent. Criminal Appeal No. 4856 of 2010. Judgment AKM Asaduzzaman J. - This appeal was preferred under section 28 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 against the impugned order dated 5.7.2010 passed by the learned Nari-O-Shishu Nirjatan Daman Tribunal No.2, Chittagong in..Category: Women and Children | Date: 1 Mar, 2011 | Hits: 103
Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)
.... to the accused Suman and like to stay with her husband as his wife and the trial court committed gross illegality in rejecting her application and as such the impugned judgment is not sustainable in law, which is liable to set side. 8. Mr. Md. Khorshed Alam Khan, the learned advocate appearing f......al-For the opposite party. Criminal Appeal No. 4860 of 2010. With Criminal Appeal No. 5688 of 2010. Judgment AKM Asaduzzaman J. - Both the appeals since arisen out of the same judgment and order heard together and disposed of by a single judgment. 2. In both these appeals by the im......or the opposite party. Criminal Appeal No. 4860 of 2010. With Criminal Appeal No. 5688 of 2010. Judgment AKM Asaduzzaman J. - Both the appeals since arisen out of the same judgment and order heard together and disposed of by a single judgment. 2. In both these appeals by the impugn..Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82
....titions for Leave to Appeal before this Court.
10. Mr. Bodruddoza, the learned Advocate appearing on behalf of the petitioners in both the petitions submits that the High Court Division erred in law in passing the impugned judgment and order on the issue of the existence Arbitration Clause and ......ent:
ABM Khairul Haque CJ
Md Muzammel Hossain J
SK Sinha J
Executive Chairman, Bangladesh Export Processing Zones Authority (BEPZA)......Petitioner
Vs.
M/s. Abdul Mannan and anothers.................Respondents
Judgment
February 23, 2011.
Result:
The......petitions)
None Represented—For the Respondent Nos.2-6 (In both the petitions)
Civil Petition for Leave to Appeal Nos.1602 and 1603 of 2010.
(Arising out of the same judgment and order dated 17-11-2009 passed by the High Court Division in Civil Revision Nos.389 of 2008 and 422 o..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
....y affidavit-in-opposition the bank admitted that although there was no ad-interim order of injunction against the bank in Other Class Suit No.81 of 2001, it did not sell the goods under advise of its lawyer. The pledged goods were perishable and were already rotten, for which it could not be sold ev...... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Mohammad Ali ………………….....................Petitioner Vs. Bangaldesh Bank and others ………..........Respondents Judgment February 22, 2011. Result The...... respondent. Writ Petition No. 9069 of 2008. Judgment Md. Ruhul Quddus J.- This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question two orders dated 16.10.2008 and 4.11.2008 respectively passed by the Judge, Artha Rin Adalat No.1, Chitt..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187
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