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BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ......one hundred sixteen and paisa ninety) only as on 31-10-2008 in favour of plaintiff and against the defendant; (b) A decree for interest @ 16% on suit value w.e.f. 1-6-2007 to till realization in full; with some other prayers including interest at the rate of 16% with effect from 1-6-2007. ......utta 424 Desai and Co. Vs. Hindustan Petroleum Corporation Limited, AIR 1987 (Guj) 19 Jamuna Oil Company Limited Vs. S.K. Dey, 44 DLR (AD) 104 Rex Vs. Sussex Justice Ex-parte Meeonly, 1924 QB 256 at page 259. Lawyers Involved: Asaduzzaman, Advocate— For the Appellant Raghib Rouf..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......to define or limit its power of review when the petitions were filed during the relevant time. The language of sub-article (3) of Article 163 of the late Constitution was couched in wide terms of the full extent of the power of review contemplated by the Constitution as under: "The Su......Mirpur; charge No.4 was relating to mass killing at Bhawal Khan Bari and Ghotarchar (Shahid Nagar) of unarmed innocent civilians; charge No.5 was also relating to mass killing of 344 civilians of village Alubdi, (Pallabi, Mirpur) and the last charge was for the killing of Hazrat Ali Laskar, his wife..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......l. 8. It has been stated that separate income of legal heirs came into operation for the purpose of assessment from 20-5-1999 after the death of Alhaj Golam Mowla. Therefore, assessments were lawfully made against the assessee-applicant as legal representative of the deceased as per provis......sed and recovery of tax,— (a) any proceeding taken against the deceased before his death shall be deemed to have been taken against the legal representative and may be continued from the stage at which it stood on the date of the death of the deceased; and (b) any proceeding which co..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......hat the convict-appellant within his knowledge received money from two places illegally and misappropriated the amount of BCIC and thereby abused his power and illegally obtained pecuniary advantage. Hence, the case. 4. The informant himself investigated the case who in course of his inves..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
Zakir Hossain and another Vs. Md. Shahnewaz and others, 2013, 42 CLC (AD)
....s and facts do not warrant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ......s and facts do not warrant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ......s and facts do not warrant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ..Category: Procedural Law | Date: 10 Oct, 2013 | Hits: 12
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......ench of the High Court Division in Writ Petition No.3426 of 1999 discharging the Rule. 2. The facts involved in this appeal, in brief, are: The appellant is a construction firm which successfully participated in the tender floated by the respondent, Khulna University on 1-3-1992. On 10-4-1......n contacts and other non-statutory terms. Referring to the case of Tillmanns and Company Vs. SS Knutsford. Co. (1908) 2 KB 358, Odgers in his book, the Construction of Deeds and Statutes, 5th Ed. at page 184, furnished an example stating, "A ship was to be relieved from liability for not delive..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....statutory rape". Section 375 of the Penal Code provides as follows: "A man is said to commit "rape" who except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the five following description: First....... Court, on the other hand, had the benefit of observing all the witnesses who deposed in court and gave an elaborate judgment convicting the accused persons upon finding that the prosecution case was fully corroborated. The learned Tribunal Judge observed that the victim was taken back from her prev......se maid. The evidence and records disclose that at various times she worked as maid servant in the house of Proshanto, Chand Ali, Montu and lastly accused Mostafizur Rahman. At that time she was aged about 13 years. The prosecution case is that she worked in the house of accused Mostafizur..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......Petition, an interim order was passed on 12-11-2008 staying all further proceedings of the Special Case; but as ill luck would have it, the learned Special Judge disregarded the interim stay-order wilfully and delivered the impugned judgment on 16-11-2008 and given this scenario, the impugned judgme...... the order dated 16-3-2008 passed by the Anti-Corruption Commission (ACC) and found the same prima facie true. One of the allegations was that the accused-appellant hired a house at Mangrove village in the suburban area of Abu Dhabi at a distance of about 22 kilometres from the Bangladesh Chanc..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....imination on the ground of sex. Women regularly attend and vote in all meetings of the central Majlish-e-Shura and are an integral part of the decision-making proves of BJI. There is also no bar to a woman being elected as the head of the party. The Central Women's Department is a separate organ......is an organization, which systematically sided and aided with the enemy, which imposed such as unjust war and genocide upon the unarmed civilian people of Bangladesh, simply because the people successfully exercised their adult franchise and gave mandate to their elected representation to form a Gov......s. State of Haryana and Another (2008) 2 SCC 161; State of Madhya Pradesh and Others Vs. Hazarilal, (2008) 3 SCC 273; Bangladesh Soya-Protein Project Ltd. VS. Secretary, Ministry of Disaster Management and Relief 22 BLD (2000) HCD 378; the Chairman, Bangladesh Textile Mills Corporation VS. Nas..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......the election with participation of all the political parties and alliances allowed registration to a good number of political parties including BJI on the basis of their provisional constitutions not fully compliant with law. The election was thus held with participation of all the political parties......s. State of Haryana and Another (2008) 2 SCC 161; State of Madhya Pradesh and Others Vs. Hazarilal, (2008) 3 SCC 273; Bangladesh Soya-Protein Project Ltd. VS. Secretary, Ministry of Disaster Management and Relief 22 BLD (2000) HCD 378; the Chairman, Bangladesh Textile Mills Corporation VS. Nas..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......-২-২০১০ইং তারিখের সোলে ডিক্রি বে-আইনী, অন্যায়, অবৈধ, অকার্যকর, obtained by fraud practice, without law-full effect & authority infractious, vires, null & void and void ab initio বাতিল ......de by the District Judge is appealable to the High Court, whose decision will be the final………(11) It is a well-accepted principle of interpretation that where different language is used in the same statute different intention is to be presumed unless there is in the context..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......rictly speaking said to be eyewitness. Those are the circumstantial evidence to connect the appellants with the occurrence. In a murder case the court of law would be justified in demanding full satisfaction about the proof of offence before the legality of sections 302/34 can be used. Bef......t it was the accused and accused only who were the perpetrators of the offence and such evidence should be incompatible with the innocence of the accused. We have already mentioned that Ratan managed to get the final report and he had been discharged. A. Sattar got an order of acquittal. Only q..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ...... bail for a period of 4(four) months in respect of an offence punishable under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000. 3. It is alleged in the FIR that victim Sumaiya Akhter, aged about 14 years, a student of class VII, has been abducted and subjected to sexual assault by th..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......e plaint of the original suit. In the said petition it was articulated that after the final decree of the partition suit on 16-3-1957, Ator Ali sought permission to stay in the suit land and his full brother Fazlar Rahman allowed him to continue with his possession into the suit land on an......ons of the plaint. The case of the defendants, in short, is that 71.92 acres of land appertaining CS to khatian No.46 originally belong to Meherullah Akond and others in different share who mortgaged the land to Naimullah Fakir and accordingly CS khatian No. 76 was prepared in the name of ..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
.... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ...... informed the appellants that the appeal was already dismissed for non-prosecution. Appellant Moklesuddin Ahmed in his second letter dated 17-2-2013 wrote to Mr. Guha stating that due to his old age he has committed such mistake. It has also been stated in paragraph No.6 of the instant applicat..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
....e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......l assembly entered into the dwelling hut of the complainant which is a vested property and when he was not found, these persons assaulted his mother causing bleeding injury on her right leg and outraged her modesty and they looted valuable goods worth Tk. 5,000/-and when on hearing alarm, the vil..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
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: ......inst these accused petitioners. The learned advocate further submits that the recommendation of the petitioner was given on the basis of experts Committee report, as part of their official duties, in full compliance with the due procedure as such; the allegations are false and fabricated without any......rruption Act, 1947 as the accused petitioners did not abusing their position as a public servant to obtain or attempt to obtain for himself or for other persons any valuable things or pecuniary advantages. He further submits that in the four corners of the FIR and charge sheet there is no allegation..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ......g tender from interested bidders for purchasing of 2, 40,000 shares of Group-C of the said bank held by Jamuna Fertilizer Company Limited and Zia Fertilizer Company Limited and both the companies are fully owned by respondent No.1. Pursuant to the said tender, the writ-petitioner submitted his ......acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ......ranti shares and Rajani Barik, Jamini Barik, Bhadra Chandra Barik and Dukhi Barik each in 13 gandas 1 kara 1 keranti shares. The CS recorded tenant Gopal Sajwal died in his tender age living behind 2 full brothers Avoy Sajwal and Kanu Sajwal. The two brothers died unmarried and their property devolv......3 gandas 1 kara 1 keranti shares and Rajani Barik, Jamini Barik, Bhadra Chandra Barik and Dukhi Barik each in 13 gandas 1 kara 1 keranti shares. The CS recorded tenant Gopal Sajwal died in his tender age living behind 2 full brothers Avoy Sajwal and Kanu Sajwal. The two brothers died unmarried and t..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......uot;travel abroad is more than a mere privilege accorded American citizens. It is a right, an attribute of personal liberty, which may not be infringed upon or limited in any way unless there be full compliance with the requirements of due process". 22. The Supreme Court in Kent Vs. D......ort thus:— "A passport not only is of great value indeed necessary abroad; it is also an aid in establishing citizenship for purposes of reentry into the United States." At page 1212 he went on to say that the document involved more "in part, of course, the issuance of..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
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