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Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ......hy;rial or administrative capacity; or (ii) who, being employed in a supervisory capacity, exercises, either by nature of the duties attached to officer or by reason of power vested in him, functions mainly of managerial or administrative nature. 9. Section 33 of the Act has as i..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......and another………………..............Opposite parties Judgment July 25, 2013. Result: The Rule is discharged. A company being a juristic person, all its deeds and functions are the result of the acts of Managing Director. Therefore, a Managing Director of the com..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....accused has any right to claim bail nor the Court has uncontrolled power to enlarge him on bail when it is non-bailable offences. Court can exercise its discretionary power upon proper application of judicial mind and this exercise should not be arbitrary lest the ends of justice may be defeate......espect of a serious offence, it does not exercise the power of the trial Court. The accused person has come before it by passing the normal procedure. It should not be ignored that under the Code the functions of judiciary and the police are complementary, not overlapping, and combination of in..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....্তি প্রত্যার্পন আইন, ২০০১ (Act XVI of 2001) imposed restriction to consider any of the matter after publishing the property in the gazette notification for judicial consideration so this court may dispose of the rule giving the parties opportunity to ......granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476. ..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ith, the subsequent appeal filed by the Assessee-applicant was in time. But the CT (Appeal) without considering the same rejected the said appeal, filed by the Assessee-applicant, so also the highest judicial authority of Taxes Department i.e. the Taxes Appellate Tribunal did not apply its judicial ......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....ined the present Rule. 8. Mr. Khandker Aminul Haque, the learned Advocate appearing for the defendant-appellant-petitioner, Bimol Rosario submits that both the Court s below without applying its judicial mind into the facts and circumstance of the case and law bearing on the subject most illega......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ......া করার জন্য বা করার জন্য নির্দেশ প্রদান করিতে পারিবে; 11. Then Article 7A (f) States:— The main functions of the Bank Shall be: a) ........................ b)........................ ..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......PSI Scheme for the purpose of final assessment fixing. However, the manner of disposal of other appeals is provided under sub-section (1) of section 196B, which additionally enunciates the powers and functions of the Tribunal in disposing of such appeals. Sub-section (1) of section 196B reads as fol..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....ধীন কোন অপরাধ বিচারার্থ আমলে গ্রহণ (cognizance) করিবে না।” 15. In view of above provision of law and the various judicial pronouncement of our Supreme Court; passed on the point of previous/prior sanction (......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
....d wearing cloths. Those incriminating alamats were seized and proved at the time of trial, which are also found as material exhibits. Again it appears that the accused-Maku Rabi Das made an extra-judicial confessional statement in respect of commission of offence immediately after his arrest ...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....2001 before this Division. 11. Leave was granted to consider the following:— "Whether the judgment and order of the High Court Division clearly shows non-application of judicial mind for imposing a lesser sentence though it was a case of gruesome double murder of two I......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ......uate, from any person whom he knows to have been, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he ..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
....t all, and this being the landscape, the impugned proceedings should not be quashed. He lastly submits that since the sanction is an administrative act of the Government, which is not subject to judicial scrutiny, and that in the instant case, the sanction letter was issued by the governme......area in which he is for the time being and when so exercising such powers shall, subject to any such orders as aforesaid, be deemed to be an Officer-in-charge of a Police Station discharging the functions of such an officer within the limits of his station. Section 4. Declaration of assets..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
.... with reference to the disputed facts and documents. It is submitted that the defence materials cannot get consideration to resolve the disputed matters which has already been settled by various judicial pronouncements. It is submitted that both the parties will get opportunity to establis......case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
....by the members of the Hindu community. The High Court Division further held that a shebait who is guilty of misconduct or abuses his position as a trustee could be removed by the Court in a proper judicial proceeding. 9. Having considered the oral evidence of the P.Ws. and D.Ws., the High C......ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339. ..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....ial stage was proper. 11. It is not accepted contention that a criminal proceeding cannot be quashed before the stage of framing charge. It is rather a settled decision of our apex Court by many judicial pronouncements that a criminal proceeding starts from the date of taking cognizance and if ......inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
....efence has not brought on record this deviation by cross-examining the maker of the FIR. Non-mentioning of the time of occurrence is certainly an error which has occurred due to non-application of judicial mind by the learned Sessions Judge while framing the charges but despite such error, the a...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10