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M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)
....context of the above decision will be of no avail to the petitioner since his case stands on a different footing. 7. The only question left for consideration by this Division is whether in the facts and circumstances of the case in hand the Tribunal was justified in holding that the appeal ...... SM Emdadul Hoque J M/S. Golden Match Works Limited, Katirhat, North Kattali, Police Station-Pahartoli, District-Chittagong……………………Petitioner Vs. Customs, Excise and VAT Appellate Tribunal, represented by its President, Jiban Bima Bhaban, (4th Floor), 10, Dilk......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
....he petitioner.
S.M. Moniruzzaman, 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 di......ision
(Special Original Jurisdiction)
Present:
Md. Ashfaqul Islam J
SM Emdadul Hoque J
Shabnam Vegetable Oil Industries Limited, having its Factory at 194 Tarabo, Rupgonj, Narayanganj and Head Office at 83, Khatungonj, T.K, Bhaban, Chittagong………………………..Petitioner
......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.
..
Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....ed to be without lawful authority and of no legal effect. 2. Pending disposal of the Rule, further proceedings of the case were stayed so far as it relates to the accused petitioner. 3. The facts of the case relevant for disposal of this Rule, in brief, are that a notice under memo No.দà......ellip;…………………Petitioner Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others……………………………&h......llip;………Respondents Judgment March 22, 2010. Result: The Rule is discharged. Maintainability of writ petition when there is alternative remedy The evidence that the prosecution has in respect of their prima-facie satisfaction about the petitioner&..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... 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 this Rule, in brief, are that a notice under section 26(1......al Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Safiat Sobhan………………….Petitioner Vs. Anti-Corruption Commission and others………Respondent Judgment March 22, 2010. Result: Th......ies have found, prima-facie that the petitioner has abetted the offence committed by, the principal accused. During the course of investigation the investigating officer will have collected necessary evidence which may show the extent and nature of the activity of the petitioner. The evidence which ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
....angladesh is directed against the judgment and order dated the 23rd day of November, 2009 passed by the High Court Division in Writ Petition No.9605 of 2008 making the Rule absolute.
2. The facts involved in the case, in short, are that the writ-petitioners were appointed on ad-hoc basis a......
......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)
....rb the petitioners in availing Bank facilities pursuant to the alleged CIB Embargo noted as B-code 2614 and B-code 2615 imposed on 30-06-1998 in the ledger of CIB, Bangladesh Bank. 2. Relevant facts for disposal of the Rule, in short, are that the petitioners are the citizens of Bangladesh ......p;......Nabi and Brother Murun Nabi and Mr. Rustom Ali, both the suits, on transfer to the 3 Court of Artha Rin Adalat Chittagong were renumbered as Money Suit No.14 of 2001 and 15 of 2001 respectively (As evidenced by Annexes L and L(l) to the writ petition). The present petitioners on 01-10-2000 filed ..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....f Attorney dated 15-6-1993 being deed No.6945 for the year of 1993 revoked by the deed dated 14-3-1994 duly notarised in London and attested by the Bangladesh High Commission in United Kingdom. These facts, plaintiff informed to all the defendants including RAJUK by letter dated 17-3-1994 which was ......bsp; AKM Abdul Hakim J Abdur Rouf Chowdhury (Md.) & others……................ Appellants Vs. Mirza Shahabuddin Ispahani and others...................Respondents Judgment March 10, 2010. Result: ......it would be plainly inequitable to refuse such a relief this Court will not hesitate to do what the Judicial Committee did………………........ (33) Additional evidence Where additional evidence came into existence some time after the disposal of the suit..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....ghtest departure from that dogma is bound to plunge a decision to nihility. Mr. Huq further submitted that while conducting charge hearing, the Court concerned is bound to explain and examine all the facts as revealed by the documents before it and that it can frame charge only on being satisfied th...... Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Borhanuddin J Sheikh Hasina Wazed, alias, Sheikh Hasina, former Prime Minister of Bangladesh, wife of Dr. Wazed Ali Mia and daughter of the Father of the Nation Late Bangabandhu Sheikh Mujibur Rahman Sudha Sadan, House N...... advocates submitted that the question as to whether the FIR and the charge sheet disclosed any offence or not is a matter for the trial Court, which can decide this question only after evaluation of evidence and hence our interference at this stage would be inconducive to the notion of justice. He ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....and Mr. Md. Selim Jahangir made comprehensive submission in support of the Writ Petition. 9. In his opening speech, Mr. Sheikh Fazlee Noor Taposh had it to say that in the light of the attending facts, we should, instead of confining ourselves to the narrow specified terms of the Rule, for the ......eported in: ...... argue the case with a much broader spectrum, challenging the very continuation of the criminal proceeding, contending that the same should be set aside, as the FIR stories disclose no offence as the evidence of malafide action is quite conspicuous. 4. In impugning the direction concerned, the ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....hury and Mr. Habibul Gani, made comprehensive submission in support of the Writ Petition. 9. In his opening speech, Mr. Sheikh Fazlee Noor Taposh had it to say that in the light of the attending facts, we should, instead of confining ourselves to the narrow specified terms of the Rule, for the ......Reported in: ......e case with a much broader spectrum, challenging the very continuation of the criminal proceeding, contending that the same should be set aside, as the FIR stories disclose no offence and also as the evidence of malafide action is quite conspicuous. 4. In impugning the direction concerned, the ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....initiated and issued without lawful authority and is of no legal effect."
2. Pending disposal of the Rule the proceedings of the Special Cases impugned in the Rules were stayed.
3. The facts, relevant for disposal of the Rules, in brief are that the two petitioners along with 23 other......hellip;…………………………………Petitioner (In Writ Petition No. 7195 of 2008)
Vs.
Anti Corruption Commission and others……………………………&h......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.
..
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. ......Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J The State..............................Petitioner Vs. The Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others....Respondents. Judgment March 1, 2010. Result: The Rule is disposed of with......the officer in charge of the police-station to which he is brought shall forthwith inform the parent or guardian, if he can be found, of such arrest,......" But from the records we do not find any evidence that the police personnel involved in the apprehension and arrest of the children or the of..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)
....of 1990 was started on 24.10.1990.The auction sale was made lawfully. The sale was confirmed duly and sale certificate was issued and thereafter the same was registered as per law are the admitted facts. From the facts and circumstances and the discussions as made above I am constrained to hold-....... Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ......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. ..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......Division (Criminal Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdul Hye J Ayrin Akhter Lypi……………………………………Petitioner Vs. Bahadur Khan and another………………….Opposite Parties Judgment January 27, 2010. Result: Th......his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....nd Court, Chittagong in Miscellaneous (Pre-emption) Appeal No.218 of 2005 should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follows:- The pre-emptor opposite party No.1 filed Preemption Miscellaneou......LD (HCD) (2011) 422. ......rder the pre-emptee petitioner obtained the present rule. 7. Mr. Abdul Quayum, the learned Advocate appearing on behalf of the petitioner submitted that the learned trial Court having considered the evidence and materials on record, held that the case is barred by limitation and accordingly dismiss..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
....Joint District Judge, 2nd Court, Dhaka in Title Suit No.278
of 1993 should not be set aside and or pass such other or further order or
orders as to this Court may seem fit and proper.
2. Short facts of the case are as
follows:-
The opposite party Nos. 1 and 2 as
plaintiffs on 24.01.93 ......iately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
......f filed various cases and suits
for harassing this defendants. The plaintiff has no right, title and the suit
is to be dismissed with costs.
4. The learned trial Court on
consideration of the evidence and materials on record decreed the suit. As
against that the defendant petitioners prefer..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
.... Two Thousand Eight Hundred and Fifteen and Two Paisa only) issued in favour of the respondent No.1 as securiÂty for CRAD Audit Objections raised against the petitioner (Annexure-F-1) 3. The facts of the case in brief are that Organon (Bangladesh) Limited, a pharmaceutical company was regi...... Murad Reza, Additional Attorney General, instructed bv B. Hossain, Advocate-on-Record—For the ResponÂdents. Civil Petition for Leave to Appeal No.2592 of 2010. (From the judgment and order dated 27.10.2010 passed by the High Court Division in Writ Petition No.4968 of 2007.) ......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....urpose for which the lands were endowed were not utilised and the properties were used for personal purpose of the defendant. The defendant-appellant has got the lands recorded in his own name. These facts manifestly proved that the defendant-appellant has mismanaged and misappropriated the property......so Reported in:61 DLR (HCD) (2009) 679. ......e believers of worshipping Vishnu, who are not entitled to offer Shashan Kalipuja not to speak of appointing a Shebait of the deity. The second point raised by the defendant is that there is no legal evidence about mismanagement and/or misappropriation of the deity's property. The third point is..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
....r custody, which was rejected by the impugned order dated 6.07.2009 passed by the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal, Laxmipur in Nari-o-Shishu Case No. 47 of 2009. 2. The facts of the case relevant for disposal of this appeal, in brief, are that the appellant Nirmal Chan...... This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)
.....R. Case No.60 of 2002 under sections 11(Ka)(Kha)/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj should not be quashed. 2. The facts leading to issuance of the Rule, in brief, are that one Md. Anisur Alam Talukder as complaina......LR (HCD) (2010) 420. ......ed 19.06.2002 under section 17(1) of Nari-O-Shishu Nirjatan Daman Ain, 2000. The learned Tribunal on 15.09.2002 framed charge against all the accused-petitioners and fixed the next date for taking evidence. 6. Being aggrieved by the order of taking cognizance and framing of charge the accus..Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14
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