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State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)

.... (seven) days of the receipt of the said order. The said order dated 20-6-2007 contained legal action includ­ing confiscation of his assets in default of submitting the statements within the time stipulated therein and the order was communicated to the respondent on 21-6-2007. The respondent bei......, Tenth Court, Dhaka under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004 against the respondent and sentencing him under section 26(2)to suffer rigorous imprison­ment for a period of 2 (two) years and also sentenc­ing him under section 27(1) of the Act to suffer rig&sh..

Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8

Director General, Bangladesh Standards and Testing Institution Vs. Matiur Rahman and others, 2014, 43 CLC (AD)

.... under the development project of the abolished CTL, the service of the writ-petitioner was also transferred to BSTI. The High Court Division further held that sec­tion 36(2) of the Ordinance has stipulated that for the purpose of promotion, the common sen­iority list prepared by the Institu......er. The writ-petitioner having accepted the offer letter joined the service on 1-6-1985 and on 10-6-1985, CTL authority issued an appointment letter to him. The writ-petitioner underwent probationary period for 1(one) year as per the appointment letter dated 10-6-1985 issued by writ-respondent No.2...

Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7

Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)

.... Commissioner (Revenue), Pabna, demised the subject property in favour of the peti­tioner on an year to year lease, the commencing date being the 1st day of Poush, 1393 of the Bengali era. It was stipulated in the lease deed that an application, if any, is to be made for the renew­al of the ......transfer or otherwise dispose of any vested property, in whose jurisdiction it is situate, pro­vided that no such approval shall be necessary for granting lease or letting any such property for a period not exceeding one year at a time (III) no lessee or tenant of a vested property shall acquire..

Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20

Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)

....equisite permission from the authority and necessary income tax clearance certificate at their own costs. The plaintiff, however, could not pay the principal defendant further sum of Taka 4,00,000 as stipulated but the plaintiff was willing and ready to pay balance Taka 8,00,000 but the defendants d...... such, in total they, received Taka 55, 50,000 with a condition for performance of the said 2 contract within 5 years from the date of execution. It was stated in the said agreement for sale that the period of perfonnance of contract would be extended on consent of both the parties. The defendant No..

Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6

Parul Nath and others Vs. State, 2014, 43 CLC (AD)

....urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ......orna­ments and he also used to deal in making, sell­ing and purchasing gold ornaments; the accused and his fore-fathers had been doing business at the place of occurrence shop for over a long period. In the report, it was also specifically stated that cash money amounting to Taka 24, 18,085...

Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8

Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....at means outstanding loan including interest is classified as the accumulative amount of advance and loan, no matter the same is good or bad. A loan is always bad unless the same is repaid within the stipulated time. Section 29(1)(xviiiaa) has been given the criteria for making deduction on the cumu......ngladesh, is directed to take necessary steps under Section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J: I agree. This Case is also Reported in:   ..

Category: Fiscal/Taxation Law | Date: 27 Apr, 2014 | Hits: 6

Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)

....e do not find any substance in this appeal. Accordingly, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246.   ......of the appellant, Chittagong Steel Mills Ltd. (in short, the Mill) on the terms and conditions contained in an agreement dated 29-3-1994 for sale of CI Sheet, Billet and other goods of the Mill for a period up to June, 1995 and the respondent negotiated the sale transaction of the goods of the Mill ..

Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10

State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)

....framed charge under the aforesaid provisions and then by the impugned order dated 20-8-1991 stopped the proceedings and released the accused opposite parties under section 339C (4) of the Code as the stipulated period for concluding trial was elapsed. 5. Feeling aggrieved the petitioner pre­......ge under the aforesaid provisions and then by the impugned order dated 20-8-1991 stopped the proceedings and released the accused opposite parties under section 339C (4) of the Code as the stipulated period for concluding trial was elapsed. 5. Feeling aggrieved the petitioner pre­ferred the..

Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3

AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266.     ......rders as to this Court may seem fit and proper. And pending hearing of the Rule, there was an order of injunction from promoting any junior of the petitioner in the post of Chief Engineer (PWD) for a period of 6(six) months. 2. The facts necessary for disposal of the Rule, as has been stated by..

Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6

Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)

....nd fact 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) 190.     ...... regard­ing the suit property were correctly prepared in the name of defendant No.1, who has been run­ning his business in the shop house situated in the disputed land for more than statutory period of limitation and, as such, the suit is liable to be dis­missed. 4. The trial Court ..

Category: Property Law | Date: 19 Mar, 2014 | Hits: 15

Hossain Ali (Md.) and 22 others Vs. Bangladesh, represented the Secretary Ministry Education and others, 2014, 43 CLC (HCD)

....;                    Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 204 ......how cause as to why the Notification No. ৩৭.০০.০০০০.০৭১.০২.০১৬.৯২(অংশ-৪)-৭৯৮ dated 13-8-2013 issued by respon­dent No.1 (Annexure-G) relaxing the period of experience only in the feeder post of Assistant Headmaster/Headmistress by 2(two) years wi..

Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3

State Vs. Arman, 2014, 43 CLC (AD)

....bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ...... Order Md. Muzammel Hossain CJ.- This petition at the instance of the state is against an interim order of the High Court Division enlarging the accused-respondent Arman on ad-interim bail for a period of 6 (six) months in Nari-o-Shishu case No.148 of 2011 pending before the Nari-o-Shishu Nirja..

Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4

Amirul Islam (Md.) Vs. Commissioner of Customs Chittagong and others, 2014, 43 CLC (HCD)

.... order positively. In the result, the rule is disposed of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ...... and papers, if any, that may be produced on behalf of the petitioner shall return back the Bank Guarantee if the amount (if any) that becomes due after such final assessment is paid in cash within a period of 1(one) month from the date of receipt of this order positively. In the result, the ru..

Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8

SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34.     ......at the petitioner had been discharging his duties as Chairman of the said union parishad) for near about 2(two) years and that no complain whatsoever had ever been raised against him dur­ing this period. 5. On 8-2-2012 one Abdul Alim Molla, Member, Ward Nos.6 and 5, Borodal Union Parishad, ..

Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5

Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)

....dated 7-12-2011, six months time was allowed to fulfill the condition of holding minimum 2% shares, but the petitioners neither took this opportunity, nor had purchased the required shares within the stipulated time. Under the above circumstances, it can be resolved that respondent No. 2 has rightly......lates to disqualifying the petitioners from being candidate for election to the office of directors of the bank, for not holding minimum 2% shares in the paid up capital of the bank, was stayed for a period of 3 (three) months from date and the respondents were directed to allow the petitioner to co..

Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9

Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)

....hereinbe­fore. The Artha Rin execution case in question (No.560 of 2004) shall stand sat­isfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207.   ......der as under: "Pending hearing in the Rule, the opera­tion of the impugned order dated 14-1-2010 passed by the respondent No.3 in Artha Rin Execution Case No.560 of 2004 is stayed for a period of 6(six) months from date. The petitioner is directed to pay entire claim amount within..

Category: Others | Date: 24 Feb, 2014 | Hits: 15

Durnity Daman Commission and another Vs. Dr. Khandaker Mosharraf Hossain and another, 2014, 43 CLC (AD)

....e High Court Division. The petition for Leave to Appeal is dis­posed of with the above observations and guide­lines. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 92. ......aundering Act 2002, section 4 of the Money Laundering Act 2004 and section 4 of the Money Laundering Act 2012. 6. The informant further stated that vari­ous documents divulge that during the period between 2001 and 2006, the bail petitioner a-massed huge volume of properties in the UK, whic..

Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52

BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)

....y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372     ......respectively. The writ-respondent No.4, vide letter dated 21-9-1997 raised objection to the dec­laration of price by the writ-petitioner fixing 23-9-1997 for hearing which is beyond the statutory period and any objection ought to have been com: municated within ten working days from the date of ..

Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5

Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)

....patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1.     ......gainst an interim order enlarging respondent Jesmin Islam, wife of Tanvir Ahmed, 205/4, Begum Rokeya Sharani, West Kafrul, Taltola, Sher-e-Bangla Nagar, Dhaka enlarging her on anticipatory bail for a period of 1 (one) month from the date of order dated 19th January, 2014. 2. The case in questio..

Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4

Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)

....used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ......gainst an interim order enlarging respondent Jesmin Islam, wife of Tanvir Ahmed, 205/4, Begum Rokeya Sharani, West Kafrul, Taltola, Sher-e-Bangla Nagar, Dhaka enlarging her on anticipatory bail for a period of 1 (one) month from the date of order dated 19th January, 2014. 2. The case in questio..

Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4