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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. ......by the Tribunal. 5. By filing affidavit-in-opposition on behalf of the Respondent No.2 the learned Assistant Attorney-General on the other hand, opposes the Rule. He submits that the appeal in question was filed on 14.10.2004 before the Appellate Tribunal and was placed before the Chairman ......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 ..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.
......
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 disposed of by this......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..
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. ......ation of the case. 6. Mr. M.A. Aziz Khan, learned advocate appearing on behalf of the respondent No.2-ACC submits that since the charge sheet has not yet been submitted in this case, there is no question of sanction being required as that sanction is required under section 32 only at the time o......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..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. ......betment against the writ petitioner No.2. The learned Advocate argues that if there is no chance of abetment in the offence alleged then the whole proceedings is a non-est and there is, therefore, no question of surrendering before the concerned Court, since the petitioner cannot he said to be a fug...... 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..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.
......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.
......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..
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. ...... 19.08.1998 of Respondent No.4 so far they are not in any way related with the so called involvement. The petitioner Vide letter dated 30.11.1998 also requested the Respondent No.8 to cheek up the question of bad loans in CIB report dated 30.06.1998 with the concerned Bank and also with the Bang......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 ..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. ......'plaintiff made revocation of power of attorney by a registered deed dated 1-1-96 as it was a revocable one. Plaintiff legally revoked the power of attorney'. Thereafter, learned Judge on the question whether RAJUK legally gave permission for sale, found that 'plaintiff sent letter dated......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 ..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: ......ission he relied on a decision reported in AIR 1969 (SC) 381 where the Indian Supreme Court stated that even when the accused person’s presence is dispensed with, the Court is duty bound to put questions to the earlier to enable him to state his case. Attracting our attention to the ratio of t......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..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: ......h to miraculously survive the diabolic holocaust of 15th August 1975, and to tarnish her image to the right thinking people worldwide, initiated the said criminal case, the legality of which has been questioned by this petition. It has been asserted that since a decision arrived at with a malafide i......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 ..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: ...... to miraculously survive the diabolic holocaust of 15th August 1975, and to tarnish her image to the right thinking people world wide, initiated the said criminal case, the legality of which has been questioned by this petition. It has been asserted that since a decision arrived at with a malafide i......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 ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....ntinuation of the proceedings of 15 cases brought against them, which arose out of Motijheel (D.M.P) P.S. Case No.140 dated 29.03.2007. Rules were issued in respect of both the writ petitions in identical terms as follows:
"Let a Rule Nisi be issued calling upon the respondent to show......ct No. V of 2004); Section 32 (1) & (2)
The Anti Corruption Commission Rules, 2007; Rule 15 (2)
When a Form is given for the purpose of conveying the sanction, then there cannot be any question of the sanction being mechanical. It is per se bound to be mechanical and in conformity wit......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..
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. ...... basic law of the land. She submits that it is apparent from the First Information Report (FIR) that at least two of the children could not have been arrested under the law and certainly there was no question of arresting a seven year old girl and formally submitting information of a criminal offenc......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
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. ...... Jurisdiction of the Bankruptcy Court The legislature has not given any jurisdiction to the Bankruptcy Court to try any suit or execute any decree arising out of normal civil suit. So far the question of jurisdiction of the Bankruptcy Court is concerned the section 38 of the Code of Civil P......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-..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. ......s not oppose the Rule. 7. Perused the revisional application, the impugned order dated 13.11.2003 and the annexure filed with the revisional application and the Lower Court Records. 8. The real question that calls for determination is, whether the impugned order dated 13.11.2003 is liable to b......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)
....L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ......es Nos.5 to 10 and the preemptor Rizia Begum; that said Aslam Miah gifted his portion to opposite parties Nos. 13 to 15; that the seller Fakir Ahmed had no other land in the khatian after the sale in question and as such he was not made a party to the case; that the seller without any notice to the ......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..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
....he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
......n fact was a suit for correction of
the plot No.168 in place of 138 and as such the suit for such correction of dag
no is heavily barred by time, but the learned Courts below did not consider
this question of limitation at all, and a s such committed error in decreeing
the suit and dismissing th......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 ..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
....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. ......adesh) Limited did not take any action against the demand notice dated 23-4-2007 (Annexure-El) on the ground of non-compliance of procedure of the VAT Act before making the demand. The perÂtinent question before us for consideration is whether after change of the name of the petitionÂer compan...... 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..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)
....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......re with the internal management of the properties of Shashan Kalimata as they are not believers of the image of the Shashan Kalimata. 9. Since the learned Advocate has pointed out some intricate questions relating to the performance of religious rites by the believers of the deity Kali, we are ......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..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
....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. ...... Act, 1956 defines a minor as person who has not completed 18 years and, therefore, by no calculation can the victim girl be said to be major and since her husband is in jail custody, there can be no question of giving the custody of the girl to anyone other than the parents. 14. We have conside......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..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)
.... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ...... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. .......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..Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14
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