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Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....having been acquitted from a criminal case lodged against him, decided, however, not to prosecute the Rule issued in the earlier writ petition as per agreement with the respondents leading to his reinstatement vide the Madrasah's Memo dated 30-7-2009. Having been granted a time-scale since and b...... under Article 102(1) is clearly of availability of redress against "anyone." or "any authority", inclusive of "any person performing any function in connection with the affairs of the Republic." The reference to government functionaries must accordingly, be s..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....ted 26-2-2012 rejected the prayer for discharging the accused from the case, but did not pass any order on the alternative prayer. And this order was also challenged before the High Court Division as stated hereinbefore. 3. From the impugned judgment and order, it appears that at the time of he......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....ited up to 30th June, 1991. From the decision Nos.3 and 4, it is clear that VAT has to be paid in respect of the contract executed from 1st July, 1991 and the decision No.4 has specifically stated that in the case of the contract executed after 1st July, 1991 if no provision had been made ......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. ..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)
.... position than that existed when they entered into their service in Bakhrabad Gas System Limited and thus to deprive them of their right of promotion to the next higher posts. It is necessary to state that by the impugned circular and the resolution taken in the Board meeting of the Board of Di......appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....r hearing argument on behalf the defence and the prosecution and upon consideration of the evidence and materials of record the learned trial Judge convicted the accused persons and sentenced them as stated above. 9. Being aggrieved by and dissatisfied with the judgment and order of conviction ......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....ellant to "implement the decisions and orders passed by the Administrative Tribunal in favour of present respondent No.1 in their respective cases. For the sake of brevity, we would like to state the facts of Civil Appeal No. 87 of 2001 corresponding to Civil Petition for Leave to App......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....ned. After lodgment of the ejahar, the case was endorsed to him for investigation. Having taken up investigation of the case, he visited the place of occurrence, examined witnesses and recorded their statements under section 161 of the Code of Criminal Procedure. He found the statements of witnesses...... proceedings of the Special Case before the learned trial Judge and this is why, he failed to surrender before the learned trial Judge during the pendency of the case and this being the state of affairs, in the interest of justice, an opportunity may be afforded to the appellant to place his ve..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....াওলানা মওদুদী তাঁর রচিত কুরআনের চারটি মৌলিক পরিভাষা গ্রন্থে’ দ্বীন’ কে (state) এর সাথে তুলনা করেছেন। তাঁরা মতেঃ
&...... 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 of the BJI, which looks into women's affairs. This organ provides further representation to women over and above the presence of 25% wome..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....tion and cannot be allowed to go unchallenged under any excuse or pretext whatsoever.
3. The petitioners placed on records huge materials regarding deviation of Jamaat from traditional Islam and stated that the faith of the petitioners, as far as statehood is concerned, is rooted back into the ...... Tadi Adhinarayana, (1997) 5 SCC 446, a petition under Sections 397 and 398 of the Companies Act alleging oppression of minority shareholders and mismanagement of the company affairs was filed in the Company Law Board. During pendency of the application a petition under Arti..
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)
....ntention is to be presumed unless there is in the context anything to hold to the contrary……………..(15) Appellate Division held that even after filing of written statement application for rejection of the plaint can be filed. Although this is not sound prepositi......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. ..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....h the sessions cases were transferred to the Court of Additional Metropolitan Sessions Judge, 4th Court, Dhaka and the Additional Metropolitan Sessions Judge, 3rd Court, Dhaka respectively. It may be stated that the accused-petitioner was enlarged on bail by the concerned Metropolitan Magistrate and......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)
....304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ......304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88
.... Being aggrieved, the petitioners have come to this Court and obtained the present Rule.
7. The Rule is being contested by the respondent No.1 by filing Affidavit-in-Opposition where it has been stated that the policy of the Government to grant seniority and other service benefits to its e......e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
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Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....currence. He came to know about the names of the accused persons and after the occurrence P. W. 9 was tendered by the prosecution and defence did not cross examine him. P.Ws. 10 and 11, who made statement under section 164 of the Code of Criminal Procedure before the Magistrate, were decla......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. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
.... 2 under Order VII, rule 11 of the Code of Civil Procedure for rejection of the Miscellaneous Case, should not be set-aside. 2. The material facts relevant for disposal of the Rule, as have been stated in the instant revisional application, in short, are that the present petitioner as pre-empto......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....g an application for anticipatory bail and follow the guidelines given by this Division. Law declared by this Division is binding upon it and the learned Judges are oath bound to follow the statements of law declared by this Division. If the learned Judges do not follow their constitutiona......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. ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....a rule and the case for quashment must be treated as rarest of rare cases so that it can't scuttle or burry a prosecution case on flimsy and unfounded reasons. when the complainant stated that he had served a legal notice within 15 days from the date of the receipt of information ......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
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....T (AD) 234. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. B. Hossain, Advocate-on-Record—For Respondent No.1. ASM Abdul Mobin, Advocate instated by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.2. Criminal Petition for Leav......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ference Application, the Assessee-applicant challenged the order of the Taxes Appellate Tribunal refusing to allow the admission of appeal before the Commissioner of Taxes (Appeal). 2. It has been stated in the instant Income Tax Reference Application that the Assessee-applicant is a company and ......on is dead, to all adult male persons who were members of the family immediately before the partition; and (g) in any other case, not being an individual, to the person who manages or controls the affairs of the person of institution concerned. (3) The validity of any notice or of the service ..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
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