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Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)

....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......April 2, 2007 was scheduled for delivery of formal order. It may not be out of place to mention that upon hearing the learned Counsels, we found no difficulty, for the time being, to proceed with the business of the Court touching the Criminal Procedure Code as usual, in the meantime. 3. On Apri..

Category: Criminal Law | Date: | Hits: 101

Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)

....rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ..

Category: Alternative Dispute Resolution | Date: | Hits: 344

Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)

.... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ......pellant agreed to execute a second agreement of sale and refunded Tk. 1, 20,000/- to the plaintiff-respondent from the earnest money she received. This does not happen in normal and usual course of business. It cannot be believed that the Defendant-appellant while agree­ing to execute the se..

Category: Property Law | Date: | Hits: 100

S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)

....al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ......reign correspondent. Everything was done for the interest of the branch as well as for the interest of the bank as a whole. The peti­tioner left no stone unturned to bring the Foreign Exchange business of the branch to a remarkable position. During the peri­od of his service in the Khuln..

Category: Administrative Law | Date: | Hits: 423

Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)

....application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......office of the Prime Minister to proceed with the case against the writ-respondent Nos.5 and 6 respectively (Annexure-E to the writ petition) stating, inter alia, that the writ petitioner, a reputed businessman and the proprietor of S.A. Paribhan who has business offices in almost every district ..

Category: Criminal Law | Date: | Hits: 64

Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....­stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ......ment and order dated 25.10.2005 passed by the High Court Division in Writ Petition No.4183 of 1998 discharging the Rule. 2. The facts leading to the case are that the petitioner in course of his business opened two letters of credit both dated 30.09.1998 for importing Indonesia brand "Grey Port..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)

....e appeals are allowed with­out any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......ring any interim or other order in relation to any law to which Article 47 applies. The laws referred to in Article 47 embrace a wide variety of property rights, professional, occupational, trade and business rights, almost all embracing in sweep and depth, Some notices in to be given and some consi..

Category: Employment/Service Law | Date: | Hits: 118

Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)

.... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ......a, in his writ petition that he also served in the diplomatic service of Bangladesh but for his personal reason he resigned from diplomatic service in 1982 and coming back to Bangladesh joined both business and politics. He was arrested on 13.8.96 on baseless allegations regarding certain acts o..

Category: Constitutional Law | Date: | Hits: 167

Superintendent Engineer, RHD Sylhet & others Vs. Md. Eunus & Brother (Pvt) Ltd. & ors, 2009, 38 CLC (AD)

....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts. Ed. This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......gh cause of action arises out of or per­tains to contract, brings if within the sphere of public law because the power exercised is apart from con­tract. The freedom of the Government to enter into business .with anybody it likes is subject to the condition of rea­sonableness and fair play as wel..

Category: Civil Law | Date: | Hits: 212

A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)

....e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ......e petitioners from the suit premises on the averments that the petitioners, in the year 1975, entered the suit premises as licenses and they took the signature of Abdul Khaleq in a blank stamp for business purpose and giving Tk.20,000/- to him they also took his signature on a rent receipt assur..

Category: Property Law | Date: | Hits: 48

Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One

....LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......when there is difference of opinion of a bench of Judges and in a case where there was no difference of opinion in respect of a particular accused or accuseds the third Judge was left with  no business to  deal with his case and his opinion. 28. The provisions of sections 374, 37..

Category: Criminal Law | Date: | Hits: 310

Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)

....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......ngle and bushes the C.S. recorded tenants abandoned the land and in that state of the matter the defen­dants upon cleaning the jungle and bushes made the land usable and constructed huts and started business therein about 35/40 years back, that the story of the plaintiff that the defendants disposs..

Category: Tenancy Law | Date: | Hits: 176

Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)

....y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......t facilities and other assistance to indust­rial concerns in Bangladesh. The Opposite Party No.1, Tapashee Shipping Lines Limited, shortly Tapashee, is a public limited company carrying on the business of water transport. The Opposite Party Nos. 2-5 are the Managing Director and other Direct..

Category: Business or Commercial Law | Date: | Hits: 311

Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)

....ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ......he only consi­deration for exemption of payment of income tax  under  section  29(1)(xxvii) of the  said Ordinance was whether the payment of 'Zakat' was in the nature of a business expenditure expended  wholly and  exclusively for the purpose of the business of..

Category: Fiscal/Taxation Law | Date: | Hits: 145

Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)

....istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......f Upazila Magistrate, Cox's Bazar under sections 420/406 of the penal code against the accused petitioner alleging, inter alia, that the complainant and the petitioner had been engaged in partnership business of salt and dry fish. The accused petitioner maintained the accounts and complainant was en..

Category: Criminal Law | Date: | Hits: 93

Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)

....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......ding committee in the Senate. The committee consists of 18 members, with equal membership from the majority and minority parties, and a chair from the majority party. The chair primarily controls the business of the committee, but has the casting vote in the event of a tie. The Committee is respo..

Category: Constitutional Law | Date: | Hits: 251

Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)

....e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in:   ......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in:   ..

Category: Property Law | Date: | Hits: 25

Special Reference No.1 of 2009, 38 CLC (AD)

....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......t is true that there is no such thing as absolute or unqualified separation of power in the sense conceived by Montesquieu but there is however, a well marked and clear-cut functional division in the business of the Government and our judiciary is to oversee and protect the overstepping not only of ..

Category: Constitutional Law | Date: | Hits: 289

Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)

....on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709....... 2. The facts necessary for disposal this petition for leave to appeal are that on 05.09.2000 victim A. H.M. Mohsin, along with 15/20 others, of whom some were standing outside the room, was having a business meeting in a room of the Town Primary School, when 4/5 ter­rorists appeared at the door of..

Category: Criminal Law | Date: | Hits: 60

State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)

....iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......nt of 1st year Honours, was assassi­nated. Informant has a hotel in the ground floor of Saplapadi Market, Sathmatha. The victim and his cousin Tulu (P.W.2) occasionally helped him in the hotel business. The victim was calm and gentle but he was an ambitious boy and as a result, he was trying..

Category: Criminal Law | Date: | Hits: 53