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Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......uch enquiry as it may deem necessary, that the licensee has been found guilty of misconduct or that his conduct or performance as a licensee has been unsatisfactory or that he has violated any of the provisions of this Ordinance or the rules made thereunder or the prescribed Code of Conduct, it may,..Category: Constitutional Law | Date: | Hits: 407
Shamsul Alam Pathan Vs. State and M/S. Rahimafrooz Distribution Ltd., 2010, 39 CLC (HCD)
....f so advised, the petitioner may surrender before the Court below. 5. With the above observations this application is disposed of. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 583. ......€¦â€¦â€¦Opposite Parties M/S. Rahimafrooz Distribution Ltd………………………Opposite Parties Judgment June 8, 2010. Result: The application is disposed of. In view of the provisions of section 496 of the Code of Criminal Procedure a Court is bound to give bail to an accu..Category: Criminal Law | Date: | Hits: 101
Haji Azizur RahÂman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur RahÂman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ...... any, medical certificate if produced, make such examination, if any, of the accused, as the Magistrate thinks necessary and also hear the parties……………………………………(8) The provisions of section 241A Cr.P.C (corresponding more or less to those of secÂtion 265C Cr.P.C.) cl..Category: Procedural Law | Date: | Hits: 78
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....ed and the accused should have been given a chance to cross‑examine them in the interest of justice and thereafter the accused should have been examined under section 342 CrPC to, comply with the mandatory provision of law, but that having not been done, I must say that the trial was not held in......rious miscarriage of justice and, as such, the impugned Judgment and order of conviction and sentence cannot be sustained in law. 8. His next contention is that there has been no compliance of the provisions of section 342 of the Code of Criminal Procedure in the instant case and as a result the ..Category: Criminal Law | Date: | Hits: 110
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
.... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ......egularity, which could be cured even at a later stage. Merely on the ground of such a defect the plaint cannot be treated as altogether invalid. In Secretary of State (6), it was also stated that the provisions of Order VI, rule 11 CPC relate to a mere matter of procedure and any mistake or commissi..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Rakibuddin Talukder Vs. Government of BanglaÂdesh and others, 2009, 38 CLC (HCD)
..... Office is directed to send down the records of this case at once with a copy of Judgment for inforÂmation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......ove his title and continuous posÂsession in the suit land more than sixty years so he is not entitled to get a decree on consideration of the adverse possession against the Government in view of the provisions laid down in section 26(2) of the Limitation Act, 1908. In support of their contentions t..Category: Property Law | Date: | Hits: 76
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....ination under Section 342 Cr.P.C. for linking of the accused appellants with the crime and thereby to enable the accused appellants to explain the circumstances appearing against them. This being the mandatory provisions of law the accused appellants have been seriously prejudiced and as such the ac......der Section 342 Cr.P.C. for linking of the accused appellants with the crime and thereby to enable the accused appellants to explain the circumstances appearing against them. This being the mandatory provisions of law the accused appellants have been seriously prejudiced and as such the accused appe..Category: Criminal Law | Date: | Hits: 83
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ......ned Minister for decision in respect of sale, lease, replacement of trawlers and permission or cancellation of trial trip or for any other decisions. Such direction was made in gross violation of the provisions stipulated in section 4, 5, 8 and 11 of the Ordinance because power and authority of the ..Category: Civil Law | Date: | Hits: 124
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
.... posÂsible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ......n Mondal, the learned Advocate appearing on behalf of the petitioner subÂmits that the revisional Court without applying its judicial mind and without considering the facts and circumstances and the provisions of law specially by misinterpreting the provision relates to rejection of plaint, limitat..Category: Procedural Law | Date: | Hits: 94
Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ...... entertainment expenditure amounting to Taka 2,14,077 and refused to set off the interest from FDR against the carry forÂward depreciation of the previous years which were allowable according to the provisions of sections 29, 30(e) and 37 of the Ordinance and rule 65 of the Income Tax Rules (herein..Category: Fiscal/Taxation Law | Date: | Hits: 107
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... within prescribed period. On plain reading of sections 7 and 12 of the Ordinance it appears to us that the provisions in respect of period of deposition of estimated amount is not mere directory but mandatory. Therefore, we hold that failing to deposit the estimated amount of the award of compensat......dings becomes liable to be declared as illegal. He submits that the respondents failed to make payment of compensation of the said property within the statutory period of one year, so, in view of the provisions laid down in section 12 of the Ordinance, the proÂceedings is liable to be abated. 5...Category: Property Law | Date: | Hits: 62
Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)
..... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ......er, submits that the Informant being a Sub-Inspector of Police had no authority to make any search, seizure or to arrest the accused-petitioner in connection with an offence under the said Ain as per provisions of sections 36 and 41 thereof and as such the continuation of the proceedings is nothing ..Category: Criminal Law | Date: | Hits: 90
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ......ition, affidavit-in-opposition; supplementary affidavits filed by the parties and reply thereto. Also considered and examined the materials on record, subÂmissions and the decisions and the relevant provisions of law as referred to by Mr. Md. Ashad Ullah and Mr. Masud Ahmed Syed. 16. From the pl..Category: Civil Law | Date: | Hits: 136
....However, the petitioner will be at liberty to give reply under section 55 of VAT Act as per notice dated 15th July, 2007(Annexure-B).
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 388.
......ther contends that section 37 (2) of the VAT Act defines various offences and punishment for such offences. Before a final demand could be made in compliance with section 55(3) of the Act none of the provisions of section 37 of said Act could be resorted to. Resorting to section 37 (2) while issuing..
Category: Fiscal/Taxation Law | Date: | Hits: 107
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
.... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ......est against the petitioners. 3. Mr. Debdas Sammader, the learned advocate appearing for the writ petitioners has assailed the impugned order on the main ground that before passing of the order the provisions of sub-section (5), (6) and (7) of Section 33 of the Artha Rin Adalat Ain, 2003 were not ..Category: Civil Law | Date: | Hits: 69
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......of clause (d) of rule 11 of Order VII of the Code. But, even in a case where a suit is not permitted by necessary implication of law in the sense that a positive prohibition can be spelt out of legal provisions, the Court has an inherent jurisdiction to reject the plaint. This really amounts to sayi..Category: Property Law | Date: | Hits: 69
....olution prima facie is illegal. He further contends that the law enjoins that all Board meetings whether of public or private companies should be held with due notice to all the Directors and that is mandatory and if no notice is issued and served upon the Directors the resolution of the Board meeti......t resolution dated 30‑9‑90. Mr. Aktar Imam submits that resolution dated 7‑1‑95 is against the spirit of the Memorandum and Articles of Association of the company and when that is against the provisions of the Memorandum and Articles of Association this resolution prima facie is illegal. He ..
Category: Company Law | Date: | Hits: 127
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ular note of the statement, the person who was amember of the so-called tribunal, made to the effect that nopaper was placed before him when he was sitting in the tribunal and the procedure which are mandatory for criminaltrials, were not followed. “It was an absolutely weird situation,which can o......llowing the lodgance of a so called first information report (FIR) with the Mohammadpur Police Station on 4th June 1976. Section 121A of the Penal Code was cited in the said FIR along with some other provisions of the said Code. 5. The FIR led to the purported commencement of a case that was reco..Category: Criminal Law | Date: | Hits: 154
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....written complaint that there is no reason to proceed with the matter. The expresÂsion "after considering the statement on oath (if any)" clearly indicates, that examination of the comÂplaint is not mandatory. 19. It appears that the learned Senior Special judge lawfully exercised his authority ......Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ..Category: Procedural Law | Date: | Hits: 92
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ...... learned Attorney-General on the date of pronouncement of Judgment by filing a power opposes the Rule. His bone of conÂtention is that section 37 is an independent section which deals with the penal provisions and can be resorted by the VAT authority independently at any point of time. He referred ..Category: Fiscal/Taxation Law | Date: | Hits: 135
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