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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. ......he acceptance of a final report and discharge of the accused. However, section 29 of the Act, 1974 has provided that the provisions of the Code, so far as they are not inconsistent with the provisions of the Act, shall apply to the proceedings of the Special Tribunals, and such Special Tri..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....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: ......ure-B to the reference application) and the order passed by the Tribunal in the second appeal, (Annexure-A to the reference application). We have also examined the affidavit-in-reply and the relevant provisions of law. 12. In this income tax reference application we are only to decide the refor..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. ......000 as commission @ 3% of the sale price amounting to Taka 14.5 crores and the Mill refused to make payment of the amount and there being thus a breach of the agreement, the respondent under the provisions of the agreement dated 29-3-1994 filed application before the Registrar of Metropolitan C..Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ......n 5(2) of Act II of 1947. 4. Eventually, the case was taken up for trial by the learned Additional Sessions Judge, Fifth Court and Special Judge, Dhaka who also framed charge under the aforesaid provisions and then by the impugned order dated 20-8-1991 stopped the proceedings and released the a..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. ......e further submitted that the instant Rule relates to conditions of service, as the petitioner is claiming promotion, which is amenable before the Administrative Tribunal as constituted under the provisions of Article 117 of the Constitution and in that regard our Apex Court has time and again h..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
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. ......rt may grant bail to an accused person on assigning proper reasons if it is satisfied that the accused is a woman or child or sick or infirm. In this case the High Court Division has overlooked these provisions and granted bail without assigning any reason and also without hearing the informant..Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
.... two notifications vis-a-vis the letter dated 12-2-2012 and emphatically submits that the condition of holding minimum 2% shares by the director of a public company listed with the Stock Exchanges is mandatory. The learned Advocate for the BSEC also submits that in the Gazette Notifications dated 14......ediately after the 30th AGM. iv. All directors who shall resign pursuant to the judgment and order shall be eligible for re-election, on condition that they are not otherwise disqualified as per provisions of the Articles of Association or any statute or any directive or circular of the regulat..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)
.... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ......ave-petitioners has been illegal. The learned Advocate has argued to the effect also that the succession case under Succession Act of 1925 being not a suit or even a miscellaneous proceeding the provisions of the Code of Civil Procedure are not applicable in this succession case and, as such, t..Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4
....mmovable property involved in an execution case, but admittedly in this case, the petitioners did not deposit any security for the said amount. The language of sub-section (2) is absolutely mandatory in nature as consequence of non-deposit of such security has been provided therein an...... can protect his right and title in that property by filing proper suit in a proper forum."
The petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 213.
..
Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
...., we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......ject to reform the land relating to land tenures, land holding and transfer with a view to maximizing production and ensuring a better relationship between land owners and bargaders and the provisions of the entire Ordinance are relating to agricultural and cultivable land holding and tran..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ......e decree-holder-corporation a nullity. So far as this miscellaneous case is concerned, there was no procedural defect in filing the same and that was filed in clear compliance with the mandate of the provisions of PO No. 7 of 1973. Factually and legally, the said miscellaneous case needs to be heard..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
....peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 257
......herefrom.
19. In the case of Nand Keshwar Prasad Vs. Indian Farmers Fertilizers Co-operative Ltd. Supreme Court of India held that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date men..
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
.... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ......the decree of the Title Suit, the defendant-appellant-petitioner rightly preferred a Title Appeal but it transpires that the learned Judge of the Appellate Court below signally lost sight of the provisions of sub-sections (2) and (3) of section 15 of the Small Cause Courts Act and without tak&s..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
....ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
...... situation and there should be no discrimination between one person and another, as regards the subject-matter of the legislation, the amending has serious constitutional lacking appeared to the provisions of Article 27 of the Constitution.
12. Article 27 forbids class legislation, but per..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ...... consideration, shall notwithstanding anything contained in the document relating to the transfer, be deemed to be a complete usufructuary mortgage for a period not exceeding seven years and the provisions of section 95 shall apply to such transfer whether made before or after the date of comme..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
....he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ......rtered Accountants which under section 82 of the Income Tax Ordinance, 1984 is sufficient to deem the return as correct. 13. On the other hand, Mrs. Mahfuza Begum, learned AAG submitted that the provisions of section 82 is only applicable if the certificate of the Chartered Accountants is ..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
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 ......ct dated 20-10-2003 confirmed in clause 12 that the plaintiff and the defendant were intended to carry out the contract most lawful way and they were committed to change any unlawful or unenforceable provisions which might put the party in the condition of economic loss. This means that the plaintif..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....y, the Tribunal shall not allow any unnecessary adjournment of the trial of a case. Even a time limit for disposal of an appeal has been specifically mentioned. Of course, this time limit is not mandatory. A combined reading of these provisions suggests the intention of the legislature tha......r International Law. Under the Act-such person cannot challenge the legality of the proceedings on any of the grounds contained in Articles 26, 27, 28, 31, 35, 44 by resorting to Article 102 or other provisions of the Constitution. Sub-clause (2) of Article 47A debars an accused person who is being ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
.... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ....... However, in the facts and circumstances of the instant case it is clear that the offence is listed in the schedule of the Criminal Law Amendment Act, 1958 therefore triable and punishable under the provisions of the Criminal Law Amendment Act. 18. Section 6 of the Criminal Law Amendment ..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)
....tional responsibility to his original function. But in the instant case instead of Joint District Judge, the Artha Rin Adalat has been constituted by the Additional District Judge hence the mandatory provision of section 4 of the Artha Rin Adalat has been violated. 6. In elaborating h......1), section 26 and section 41 of Artha Rin Adalat Ain-2003 categorically and clearly said that the Artha Rin Adalat is a Civil Court and if no contradiction has arisen between two law, then the provisions of Code of Civil Procedure would be applicable in case of Artha Rin Adalat; that section ..Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6
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