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Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)

....he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......default­er- the monthly rents were being deposited reg­ularly in a rent control suit on their refusal to accept the same. The trial Court observed that the appellant was a defaulter; that the period of lease in respect of the suit premises expired on 10 March, 2001 and accordingly, decreed t..

Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14

Bangladesh Agricultural Development Corpora¬tion and others Vs. Md. Abdur Rashld and others, 2014, 43 CLC (AD)

....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 ......ng for the respondent Nos. 1-5 in Civil Appeal No.45 of 2012, submits that the prayers for voluntary retirement of respon­dents were stayed by BADC and allowed them to continue for a considerable period thereby those prayers had been rejected by implication. By the impugned orders all the respon..

Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9

Human Rights and Peace for Bangladesh and others Vs. Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others, 2014, 43 CLC (HCD)

....enquiry, investigation, filing cases and also proce­dure of according sanction of the Commission filing case against corruption. 33. Section 20(1) of the Anti-Corruption Commission Act, 2004 stipulated that "nothing .or anything contained in the Code of Criminal Procedure, the offence ......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 ..

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. ......he same deed in that event a question may arise as to whether the transaction is a mortgage or an out and out sale has to be determined on seven tests -  (i) the existence of debt, (ii) the period of payment-a short period being indicative of a sale and a long period of a mortgage; (iii) p..

Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15

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   ......o execute a formal agency agreement with the defendant. Moreover, plaintiff managed no objection letter from National Bank Ltd., since there was an exclusive agency agreement executed for unspecified period of time between National Bank Ltd., and Western Union from 1993. Consequently, the formal age..

Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

.... For the reason stated above, we find no merit in these review petitions. The petitions are accord­ingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......unity at large. The International Crimes (Tribunals) Act, 1973 (XIX of 1973) was promulgated for the purpose of detention, prose­cution and punishment of persons committing atrocities during this period. The prosecution has examined twelve witnesses and the defence exam­ined six. The Tribuna..

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. ......l No. 2907 of 1999 allowing the appeal. 2. The relevant facts are as follows: The Appellant was the Tahsildar-in-charge of Majenpur, Tahsil Office from 21-12-1987 to 20-12-1991. Within that period he collected rents from the tenants by granting rent receipts. But showing less collection he..

Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26

Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)

....itioners obtained loan of Taka 4, 82,011.20 from respondent No.1, HBFC (House Building Finance Corporation) payable within 12 years but the writ-petitioners failed to repay the loan amount within the stipulated period. After that, HBFC filed Miscellaneous Case No.17 of 2001 in the Court of the Distr......tained loan of Taka 4, 82,011.20 from respondent No.1, HBFC (House Building Finance Corporation) payable within 12 years but the writ-petitioners failed to repay the loan amount within the stipulated period. After that, HBFC filed Miscellaneous Case No.17 of 2001 in the Court of the District Judge, ..

Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17

AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)

....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......lant subsequent­ly received   Taka  3,11,932.65 as pay and allowance and Taka 2,20,217.91 as Foreign Tours allowances and total of which is Taka 5,32,149.56 for the contracted same period as Secretary with­out adjusting the previous received money. It has been further alleged ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3

SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)

....he Act demanding payment of the aforesaid amount under the cheque which was duly served upon the respondent. The respondent failed and neglected to make payment of the amount of the cheque within the stipulated period. Then the appellant filed the instant complaint. The respon­dent entered appea......nding payment of the aforesaid amount under the cheque which was duly served upon the respondent. The respondent failed and neglected to make payment of the amount of the cheque within the stipulated period. Then the appellant filed the instant complaint. The respon­dent entered appearance in ob..

Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12

Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......y;stances of the second round of appointment and termination of the petitioner as sought to be effected by the impugned order and duly arrive at a final decision on the petitioner's fate within a period of 3(three) months from the date of receipt of a certified copy of this judgment and order. U..

Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2

Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)

....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.   ...... to make the payment of the amount of the dishonoured cheque which was duly received by him on 6-2-2011, but he failed to make the payment of the amount of the dishonoured cheque within the statutory period and thereafter, the complainant filed the petition of complaint. The concerned Metropolitan M..

Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5

AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)

....ing the service would arrange for the same and include the same in the bill and after deducting the amount as VAT from the bill deposits the same as VAT. Clause No.2.45 of the tender schedule clearly stipulated that the contractor shall be responsible for the pay­ment of income taxes, super taxe......rn authority on interpretation of statutes, in his book, Statutory Interpretation, 5th Edition at pages 702 and 703. "Section 231. The basic rule regarding post-enacting history In the period immediately following its enactment, the history of how an enactment is understood by the pro..

Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28

Commissioner of Customs, Excise and VAT Commissioner of Customs, Excise and VAT Vs. Appollo Steel Mills Ltd and others, 2013, 42 CLC (AD)

....no reason and logic, he could just sit over the matter. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 143   ......e Rule absolute with cost in the following terms: "Respondent No.2, the Commissioner is hereby directed to refund Taka (3, 28, 22,748- 57, 66,227) = 2, 70, 56,521 to the petitioner within a period of two months of receipt of this orde, positively.” 9. Mr. SM Moniruzzaman, learne..

Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9

State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)

....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. ......39;s father was dead or was not living with her. It was the half-sister Aleya and her step father and mother, who insisted that she came back from Mirpur where she had been working happily for a long period of time so that she could work for 1 accused Mostafiz. The finding of the trial Court is that..

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)

....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   ......39;being AAT Case No.72 of 1999 on 19-7-1999 before the Adminis­trative Appellate Tribunal long  after nine months with mala fide intention to keep the whole matter pending for an indefinite period. The Administrative Appellate Tribunal after hearing both the parties by the judgment and ord..

Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3

ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)

....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500.   ......Corruption Act, 1947 and sentenced him thereunder to suffer rigorous imprisonment for 5(five) years and to pay a fine of Taka 21, 00,000 in default, to suffer rigorous imprison­ment for a further period of 1(one) year in absen­tia. 2. The prosecution version of the case, in short, is as..

Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....y be registered subject to making it compliant within six months (later the time limited extended to twelve months by an Amending Act of the Parliament). 445. The relevant provision very clearly stipulated that EC neither had the authority to register JBI with such a non-compliant constitution,......on within six months from the date of first sitting of the ninth parliament. 294. The amendments brought to the RPO by the Ordinances during the tenure of the last caretaker Government/emergency period were ratified by Parliament vide the Representation of the People Order (Amendment) Act, 2009..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ......য়াদান্তে উক্ত আইনটি স্বয়ংক্রিয়ভাবে বিরত/ক্ষান্ত হয়ে পড়ে (ceases to have operation on the expiry of the period fixed by the legislation)। এ ক্ষেত্রে আইনের সুপ্রত..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

Nur Jahan Akhtar, Director of Medona Garments Limited Vs. The Commissioner of Taxes, 2013, 42 CLC (HCD)

....t of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.-  I agree. Ed. This Case is also Reported in: ...... the instant cases, the appeals were received back by the AACT on remand with the Tribunal order on 13.03.2003. The appeals were disposed of by the AJCT by order dated 31.07.2003 and at that time the period for disposal of an appeal was within ninety days. Thus, it is evident that all the appeals we..

Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3