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Zakir Hossain and another Vs. Md. Shahnewaz and others, 2013, 42 CLC (AD)

...., Advocate-on-Record—For Respon­dent Nos.1 and 48. None Represented—Respondent Nos.2-47. Civil Petition for Leave to Appeal No.753 of 2010. (From the judgment and order dated 23-08-2009 passed by the High Court Division in Civil Revision No.3046 of 2008). Judgment......s and facts do not war­rant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ..

Category: Procedural Law | Date: 10 Oct, 2013 | Hits: 12

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

.....3. (In Criminal Appeal No.31 of 2004) None represented—Respondent Nos.1-2. (In Criminal Appeal No.31 of 2004) Criminal Appeal Nos.30 and 31 of 2004. (From the judgment and order dated 9-2-2003 passed by the High Court Division in Criminal Miscellaneous Case Nos.2788 of 2000 and......he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ..

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

Proshanta Kumar Sarkar Vs. Managing Director, Agrani Bank Ltd Head Office and others, 2013, 42 CLC (HCD)

....oner calling upon the respondents to show cause as to why the auction notice published by the respondents under section 12 of the Artha Rin Adalat Ain, 2003, in the 'daily Ghaghat', Gaibandha dated 13-11-2008 (Annexure-"A'), and on the basis of the notice, if any, auction had taken ......costs. The order of stay granted earlier is vacat­ed. Communicate a copy of the judgment to the bank concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 50. ..

Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8

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

.... Ahmed J.— In this application under Article 102 of the Constitution a Rule Nisi was issued tailing upon the respondents to show cause as to why the Impugned Order vide Memo No. Ma Gu Da Aa 912 dated 12-2-2011 (Annexure-J) signed and issued by the Respondent No. 10 purporting to dismiss the pe......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 ..

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

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

....in, Advocate-on-Record—For Respon­dent Nos.2-4. None represented—For Respondent No.1. Criminal Petition for Leave to Appeal No.563 of 2012. (From the judgment and order dated the 21st day of May, 2012 passed by the High Court Division Criminal Revision No.348 of 2012).......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

Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)

....ty No. 3. Civil Revision No. 2484 of 2010. Judgment Soumendra Sarker J.— The Rule issued calling upon the opposite parties to show cause as to why the impugned judgment and order dated 29-4-2010 passed by the learned Special Judge, Pabna in Miscella­neous Appeal No.2 of 2008......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ..

Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3

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

....ahmudul Islam, Sr Advocate instructed by Md. Zaliirul Islam, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 628 of 2011. (From the judgment and order dated the 14th day of February, 2011 passed by the High Court Division in Writ Petition No. 4 of 200......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   ..

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

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

....orney General, instructed by B. Hossain, Advocate-on-Record—For the Appellant. None Represented—For Respondents. Criminal Appeal No. 7 of 2004. (From the judgment and order dated 31 st July, 2000 passed by the High Court Division in Criminal Appeal No.1349 of 1996) Ju......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)

.... Md. Wahidiillah, Advocate-on- Record—For the Respondents. (In all the appeals) Civil Appeal No. 87-94 of 2001.         (From the Judgment and order dated 8th November, 2000 passed by the High Court Division in Writ Petition Nos. 2295, 2508, 2509, 3......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)

....nal Appeal No. 3735 of 2010. Judgment Moyeenul Islam Chowdhury J.— This crimi­nal appeal, at the instance of the convict-appel­lant, is directed against the judgment and order dated 16-11-2008 passed by the learned Special Judge, Court No. 9, Dhaka in Special Case No. 26 of 2......bove submission of Mr. Abdur Rezzaque Khan is a shot in the dark. 65. Sub-section (2) of section 222 of the Code of Criminal Procedure contemplates that when the accused is charged with criminal breach of trust or dishonest misappropriation of money, it shall he sufficient to specify the gross ..

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)

.... aided with the enemy, which imposed such as unjust war and genocide upon the unarmed civilian people of Bangladesh, simply because the people successfully exercised their adult franchise and gave mandate to their elected representation to form a Government; thereby exercised their right of self det......iscretion, unauthorized delegation, failure to act etc., fall under the heading 'illegality'. Procedural impropriety may be due to the failure to comply with the mandatory procedures, such as breach of natural justice, such as audi alteram partem, absence of bias, the duty to act fairly, leg..

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)

.... Writ Petition No. 630 of 2009 Judgment M Moazzam Husain J.- In this case a rule nisi was issued calling upon the respondents to show cause as to why the registration (Registration No. 014 dated 04.11.2008) given to Respondent No. 1 as a political party by the Respondent No. 4 shall not b......uot;Jamaat") along with many other political parties sought registration under the new law. The Commission allowed registration to the BJI notwithstanding the fact that its constitution stood in breach both of the qualification and disqualification clauses contained respectively in Articles90B&..

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)

.... the Income Tax Ordinance, 1984) Judgment Zinat Ara J.- These four income tax reference applications under section 160(1) of the Income Tax Ordinance, 1984 have arisen out of a common order dated 28.10.2003 passed by the Taxes Appellate Tribunal, Division Bench-1, Dhaka (hereinafter referr......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: ..

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

Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....2004, 41 of 2004 and 42 of 2004. Judgment Zinat Ara J.- These four income tax reference applications under section 160(1) of the Income Tax Ordinance, 1984 have arisen out of a common order dated 28.10.2003 passed by the Taxes Appellate Tribunal, Division Bench-1, Dhaka (hereinafter referr......ngladesh 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:   ..

Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 2

Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)

....re of a plaint spelt out the initial engagement of each applicant on a tempo­rary basis on various occasions evidenced in vari­ous service contracts stipulating the terms and ter­mination dates of the period of employment. S 1  No. Writ Peti......Orders of Stay as ini­tially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551   ..

Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7

Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)

.... Petitioners. Md. Shamsul Haque Bhuiyan,  Advocate—For the Opposite Parties. Civil Revision No. 514 of 2012. Judgment AKM Shahidul Huq J.— The judgment and decree dated 14-11-2011 passed by the Joint District Judge, 2nd  Court, Gazipur, in Title Appeal No. 1......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240   ..

Category: Property Law | Date: 25 Jul, 2013 | Hits: 6

Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)

.... cotton yarn produced by the said company. According to the terms and conditions of the agreement the complainant paid an amount of Tk. 20, 00,000/- (twenty lac) only to the accused petitioner on the date of signing of the said agreement as security money, if the company of the accused-petitioner fa...... 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

Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)

....ny; that the respondent No. 1 company was incorporated in the year 2009, vide certificate of registration No. C-74550(2592) /09 with effect from 2-2-2009 under the Compa­nies Act, 1994. As on the date of incorporation the authorized share capital of the respondent No.1 company was Taka 2,00,00,0......ocate next submits that the respondent No. 3 taking advantage of the trust reposed in him (as the Managing Director) by the two foreign shareholders, namely petition­er Nos.1 and 2, has committed breach of trust, abused the authority and resorted to fraudulent practice in the manner aforesaid wi..

Category: Company Law | Date: 24 Jul, 2013 | Hits: 10

Bangladesh Development Bank Limited Vs.Judge, Artha Rin Adalat, Jessore and others, 2013, 42 CLC (HCD)

....faqul Islam J.- At the instance of the petitioner, Bangladesh Development Bank Limited, this Rule Nisi was issued calling upon the respondent Nos.1 to 4 to show cause as to why the judgment and order dated 25-9-2011 passed by the Judge, Artha Rin Adalat, Jessore in Artha Rin Suit No.83 of 2004 and j......respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2013) 1. ..

Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10

Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)

.... Division having affirmed the judgment and order passed by the High Court Division which took the view that though the respective petition of complaint was filed before expiry of thirty days from the date of receipt of the notice issued under clause (b) of the proviso to section 138 was maintainable......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