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Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....the High Court Division in exercising its jurisdiction under section 561A of the Code of Criminal Procedure…………… (15) Service of a document by post shall be deemed to be effected at the time at which the document would be delivered in the ordi......nder section 138(b) of the Negotiable Instruments Act, 1881 upon the respondent and the same was served through Express Guaranteed Post and also through Courier Service and was received by the family members of the respondent on 3-8-2004. The actions and omissions of the accused-respondent in not ar......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....uced herein for ready reference; Income Tax Ordinance 1984 Section-178: Service of notice.— (1) A notice under this Ordinance may be served on the person therein named either by registered post with acknowledgement due or in the manner provided for service of a summons issued by a Court u...... shall be sufficient to prove that the letter containing the notice was duly addressed and posted. (2) A notice may be addressed— (a) in the case of a firm or a Hindu undivided family, to any member of the firm, or the manager or any adult male member of the family; (b) in the case of a l......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: ......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)
....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. ......learned Assistant Judge cancelled the deed in question (Exhibit A) and decreed the suit. Further, it appears from the "Exhibit A" that the attesting witness of the impugned deed was not the member of the donee and donar's family. D.W.1 in his cross-examination admitted that: — ......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. ......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
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....videncing publication of notice. The respondent No.2 duly published the notice in the newspaper and submitted the same in court. In spite of service of summons upon the petitioners both by registered post and through newspaper the petitioners failed to appear in court and, as such, the court fixed t......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
.... of the writ-petitioner. His case, in short, is that on 13-12-2010, the writ-petitioner submitted his nomination paper before the Returning Officer for the ensuing Pourashava Election of 2010 for the post of Councillor of Ward No.8 of Sherpur Pourashava. The Returning Officer rejected his nomination......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
....d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ......me Court of Bangladesh Vs. Md. Sufi Uddin, 6 BLC (AD) 241; Bangladesh House Building Finance Corporation Vs. Jahanara Akter, 16 BLD (AD) 231 =49 DLR (AD) 80; Essex Incorporated Congregrational Church Union Vs. Essex CC, [1963] AC 808;Mahmudul Basque Vs. Shamsul Alam, 36 DLR (AD) 179. Lawyers In......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......above port vested upon the Conservator and the said Conservator is BIWTA, accordingly, the BIWTA being the Conservator of the riverport, is the only lawful authority while the respondent No. 5 (Zilla Parishad ) has no locus standi to claim or lease out Maowa Ferry Ghat which are within the terr..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....ing the said persons arrested the present accused while others were managed to escape. The accused confessed that he is a member of banned organization 'Hijbul Tahrir'. The police also seized poster of the said banned organization and other articles from his possession. The accused is i......; in Bangladesh and to topple the present Government; the informant party chasing the said persons arrested the present accused while others were managed to escape. The accused confessed that he is a member of banned organization 'Hijbul Tahrir'. The police also seized poster of the said ban......tion 5 of this Act, alleged to have been committed by a public servant except with the previous sanction,— (a) In the case of a person who is employed in connection with the affairs of the Union and is not removable from his office save by or with the sanction of a Central Govern......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
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ......ch all these rules issued in these writ petitions are liable to be made absolute. 5. Mr. Taposh further submits that in the instant case admittedly, sanction has been accorded by one of the member named Md. Habibur Rahman which also stands against the mandatory provision laid down in secti......e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ......e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......t will not be binding if that information is less than frank, and if it is not indicated that a binding statement is being sought. (x) He who seeks to enforce must be a person to whom (or a member of the class to which) the statement was made or the practice applied. (xi) Even though ......r from an express promise given on behalf of a public authority or from the existence of regular practice which the claimant can reasonably expect to continue. Vide Council of Civil Service Union Vs. Minister for the Civil Service 1985 AC 374………………......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
.... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......rmation of possession of the “Kha” schedule structure on the suit land and recovery of khas possession to “Ga” schedule structure on the suit land. 3. The defendant No.2, Narayangonj Jila Parishad contested the suit by filing written statement denying the material allegations made in the..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....luation Committee to evaluate certain matter and upon their recommendation, the Ministerial Committee agreed to buy this Frigate. So the allegations brought against these petitioners are vague and preposterous. There is no specific allegation or overact against these accused petitioners. The learned......de 28 items, it was an incomplete Frigate and those are shown as owner furnished equipment in the offer. A delegation from the South Korea visited and met the Neval Chief in the April, 1996 including members of the Deawoo Corporation, thereafter, some Officials of the Navy tried to procure this unpr......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: ......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: ..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 ......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
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....de of Criminal Procedure before the Special Judge to stop the proceedings of the case. 78. Section 344(1) of the Code of Criminal Procedure is quoted below:-- “344. Power to postpone or adjourn proceedings--(1) If, from the absence of a witness, or any other reasonable caus......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......, 37 DLR (AD) 135;Delowar Ali Khan Vs. Sajadul Hague, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram, AIR 1965 (SC); Directorate of Enforcement Vs. Dipok Mahajon, (1994), 3(SCC) 440; State (Union of India) Vs. Ram Saran,(2003) 12 SCC 578; CP No. 10 of 2001, CRP No. 32 of 2011. Lawyers......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
.... 2. Facts leading to issuance of the Rule, in brief, are that the writ petitioner joined Crescent Jute Mills Ltd., Khalishpur, Khulna on 12.11.1986 as a weaver. He was promoted twice, firstly to the post of Senior Weaver (বড় তাঁতী)and secondly to that of Labour Sarder in 2009. He perf......s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......)and secondly to that of Labour Sarder in 2009. He performed his duty honestly and diligently. Being a popular worker-leader, he was elected as Assistant Secretary of Crescent Jute Mills Workers’ Union for consecutive two terms in 2008-2010. Because of his increasing popularity and possible cand......s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....ompany in Bangladesh, annual average production of tea being about 5.20 million kgs; that the 33rd Annual General Meeting (AGM) of the company was held on 29-7-2011, election for one vacant post of a direction was scheduled to take place on that date. But election could not be held due to ......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....d the condemned-petitioner from the place near the victim's dead body. The police also seized the blood stained dao which the condemned-petitioner had used to kill his wife. According to the post-mortem report and the evidence of P.W.9 the Doctor, there were as many as eight 'chop wound......ge of the accused who was twenty seven years old at the time of occurrence; (iii) the fact that the mental state of the accused had been affected due to squandering of his hard earned money by family members, principally his sister-in-law who was the victim's step sister; and (iv) the length of ......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....cadrement by promotion against the one third quota prescribed in BCS (Health and Family Planning; Family Planning) Recruitment Rules, 1986. Out of them 65 officers were encadred by promotion in cadre post in 1994, 14 officers in 1996, 9 officers in 1997, 55 officers in 1998, 3 officers in 1999, and ...... were added as contemnor-opposite party Nos. 6 and 7 to the contempt petition by order of this Division dated 24-1-2012. 3. Background leading to the Rule, in short, is that petitioners are members of Bangladesh Civil Service (Family Planning) Cadre who were directly recruited through BCS ...... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ...... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ......esolution of the Meeting dated 10-8-2000 taken by the Housing Allotment Committee and manipulated the decision of the Committee by inserting the decision of allotting the plot to Moklesur Rahman. Two members of the Allotment Committee raised objection about the said illegally inserted decision, and ......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.... the learned Judge, the order sheet annexed with the application and also considering the facts and circumstances of the case, prima facie, we are of the view that the person sitting in high judicial post who refrained himself from performing his judicial work under undue pressure is not at all fit ...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
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