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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.......sult 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 person not tenable in law and, as such, the impugned proceeding is liable to be quashed. 7. That the complainant filed ..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. ......eous case stating that both the parties given consent to set-aside the ex-parte decree. 8. Mr. Haider next submits that the learned Joint District Judge, Narayangonj has committed an error of law in passing the impugned order allowing the miscellaneous case under Order IX Rule 13 C.P.C. af..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....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. ......uit property in the census report of the vested property and the plaintiffs led some evidence in support of their interest in the suit property the Appellate Court decreed the suit on correct view of law......(8) To be vested a property must have factual basis and legal foundation Claim by..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.......arge against the petitioner under section 138 of the Negotiable Instruments Act, 1881. The said charge was read over to him to which he pleaded not guilty and demanded to be tried as per provision of law. 4. The accused petitioner preferred a revisional application before this Court, and on the..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 .......hould not normally be inferred.” 14. As regards quashing of proceeding in a Criminal Case the Appellate Division has set up five categories which are as follows: "The settled principle of law is that to bring a case within the purview of section 561A for the purpose of quashing a proceed..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. ......rs while the informant along with other RAB personnel on petrol duty, received a secret massage regarding unloading of some contraband goods brought in breach of prohibition or restriction imposed by law from 2 covered-vans at No.5, Outer Circular Road, Meheruma Shopping Centre! that at about 17:10 ..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
..... 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 . ......cient cause from appearing but “ন্যায় বিচারের খাতিরে”।Court cannot exercise inherent power where relief is provided and claimed under a specific provision of law". 5. On the same point he refers the case of Reazul Hoque Molla Vs. Afizullah Molla al..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. ......0.00 upon the petitioner-company under section 37(2) of the VAT Act, 1991 (herein after referred to as Act) for allegedly evading payment of VAT, should not be declared to have been passed without lawful authority and is of no legal effect. 2. Facts leading to issuance of the Rule, in short..Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8
....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.
......zzaman, Assistant Attorney-General - For the Respondents.
Writ Petition No. 6460 of 2007 and 6461 of 2007.
Judgment
SM Emdadul Hoque J.- In these Rules, similar facts and common question of law having been involved, those were heard analogously and are being disposed of by this single Judg..
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. ......on Act, 2004 and Rule 15Gha(5) of the Emergency Power Rules, 2007, corresponding to G.R. No.880 of 2007, now pending before the Chief Judicial Magistrate, Barisal should not-be declared to be without lawful authority and of no legal effect. 2. Pending disposal of the Rule, further proceedings o..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. ......(2) and 27(1) of the ACC Act, 2004 read with section 109 of the Penal Code, now pending before the Special Judge, Court No.1, Dhaka should not be declared to have been initiated and continued without lawful authority and is of no legal effect. 2. The facts of the case relevant for disposal of t..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.
......ularization of the service of the writ-petitioners and the matter was purely domestic affairs of the University Authority. The learned Advocate further submitted that the High Court Division erred in law and facts and misdirected itself in holding that there has been discrimination in not confirming..
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. ...... out them name from C/B ledger of Bangladesh Bank as defaulters which was done illegally. But the Respondent paid no heed to the prayers of the petitioners. Accordingly the petitioners through his lawyer sent a demand of justice notice to the Respondents Nos.3 and 6 but no response was received...Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
..... 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. ......e plaintiff and defendant No.1-3 being deed No.6944 for the year of 1993 registered in the office of the Sub-Registrar, Gulshan, Dhaka, stands cancelled and the earnest money paid thereunder has been lawfully forfeited, and direct defendant No.15-6-1993 in his office. Plaintiff also prayed for decla..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... figure of the Republic’s oldest political party, was not before 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 ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......though the Rule in response to instant petition was issued to require the respondents to show cause as to why the impugned decision reproduced above, should not be declared to have been taken without lawful authority, when the Rule was taken up for disposal, the learned Advocates for the Petitioner ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......though the Rule in response to instant petition was issued to require the respondents to show cause as to why the impugned decision reproduced above, should not be declared to have been taken without lawful authority, when the Rule was taken up for disposal, the learned Advocates for the Petitioner ..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.
......ore the Special Judge, Court No.3, Dhaka and the impugned Memo No.C-25/2007 (Tadanta-2)/8386 dated 20.9.2007 issued by respondent No.2 should not be declared to have been initiated and issued without lawful authority and is of no legal effect."
2. Pending disposal of the Rule the proceedin..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....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. ......Dhaka and others....Respondents. Judgment March 1, 2010. Result: The Rule is disposed of with observations. The Penal Code, 1860 (XLV of 1860); section 82 It is a tragedy that the law enforcing agencies are unaware of the fundamental laws of the country, namely s. 82 of the Penal..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ......t necessarily becomes retrospective unless it has been given retrospective effect by express terms or necessary intendment. There is no express provision giving retrospective effect of any existing law. Therefore, the Bankruptcy Act, 1997 is not a retrospective legislation but a prospective legi..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
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