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Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....High Court Division and this Court in Criminal Appeal No.43 of 2009…………..(28) Criminal Petition for Leave to Appeal No. 115 of 2013. (From the judgment and order dated the 10th day of December, 2012 passed by the High Court Division in Criminal Miscellaneous Cas......case (Kotwali Police Station Case No.24 dated 12.08.2004), the seizure list, the Mortgage Registers and the Ledger Accounts Book, we cannot just ignore them and we consider it proper to take judicial notice thereof to decide as to whether we should exercise the power vested in this Court under- arti......inal jurisdiction. The Act, 1974 has provided the Tribunals with the power to pass necessary orders in case of confiscation of the property at the time of disposal of the case either in the form of acquittal or conviction, but it has not provided the Tribunals with any power to deal w..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
....Advocate, instructed by Sufia Khatun, Advocate-on-Record—For Respondent No.1. None represented—Respondent Nos.2-5. Civil Appeal No.106 of 2004. (From the judgment and order dated 13-1-2004 passed by the High Court Division in First Miscellaneous Appeal No.157 of 2001 and C......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. ......iled an application under sections 14/17 of the Arbitration Act, 1940 in the Fifth Court of Subordinate Judge, Dhaka, stating, inter alia, that they were appointed as exclusive sales/commission agent for sale of different products of the appellant, Chittagong Steel Mills Ltd. (in short, the Mil..Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10
হোটেল পূর্বাণী ইন্টান্যাশনাল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in: ....... Assessment after hearing.- 1. ..................... 2. The Deputy Commissioner of Taxes shall, after hearing the person appearing, or considering the evidence produced in pursuance of the notice under sub-section (1) and also considering such other evidence, if any, as he may require on ......িষয়ে সিন্ধান্ত প্রদান করা হইয়াঠে; In the process of assessment, he may reject any allowance and/or deduction claimed under the Ordinance for reasons to be recorded. But he must remember as he could ask for evidence in support of any allo..Category: Fiscal/Taxation Law | Date: 22 Apr, 2014 | Hits: 4
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....al Appeal No. 413 of 2000. Judgment Syed Md. Ziaul Karim J.- By this appeal, convict appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 30-01-2000 passed by learned Judge of Nari-o-Shishu Nirjatan Damon Bishesh Adalat, Narsingdi (......m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ...... nature and also, revolting. The crime is against society and humanity, but the prosecution convicted the accused merely on suspicion that the accused committed such crime. There cannot be conviction for such crime on mere suspicion or presumption. The commission of murder must be proved. The presum..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)
....posite Parties Civil Revision No. 4480 of 2009. Judgment Sharif Uddin Chaklader J.- This Rule, at the instance of defendant-respondent-petitioners, directed against judgment and decree dated 27-8-2009 passed by the learned Additional District Judge, 1th Court, Pabna allowing Other Cla......on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ......by reference to the exhibits. Although documents produced by the plaintiffs are written by pen or ball point which at the relevant time were not used in writing goes on to show some sort of forgery has been committed. The land ought to be ascertained by appointing an Advocate Commissioner ..Category: Property Law | Date: 6 Apr, 2014 | Hits: 9
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
.... Judgment Syed Md. Ziaul Karim J. — By this Rule, the State, represented by the Solicitor, Government of the Bangladesh as petitioner has challenged the legality and propriety of the order dated 20-8-1991 passed by learned Additional Sessions Judge, Fifth Court, and Special Judge, Dhaka (......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 ......of 1983. 2. Facts in brief are that the accused opposite-parties in collusion with each other misappropriated Taka 15,000 from the SB Account of Mr. Jaharlal Shaha taking the chance of forgery and false persuasion. 3. The police after investigation submitted charge-sheet accusing..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....No.6. Writ Petition No. 10839 of 2013. Judgment Quazi Reza-ul-Hoque J.- The instant Rule was issued on 24-10-2013 calling upon the respondents to show cause as to why the impugned Memo dated 9-10-2013 (annexure-H) shall not be declared to have been made without lawful authority a......l discrepancies and mistakes in the earlier proposal dated 9-10-2013 (Annexures 1, 1-1 and 1-2). 9. The respondent No.5 by the Memo being No.05.133.006.05.01.01.2013-244 dated 9-10-2013 issued a notice for the 11th (Eleventh) Meeting of SSB for the year 2013 to be held on 20-10-2013. It is pert......r or orders as to this Court may seem fit and proper. And pending hearing of the Rule, there was an order of injunction from promoting any junior of the petitioner in the post of Chief Engineer (PWD) for a period of 6(six) months. 2. The facts necessary for disposal of the Rule, as has been sta..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....uddin Ahmed, Advocate-on-Record—For Respondent Nos.1-7. None represented—Respondent Nos.8-9. Civil Petition for Leave to Appeal No.521 of 2010. (From the judgment and order dated 16-11-2009 passed by the High Court Division in Civil Revision No.3514 of 1998). Judgment......uch, he was aware about the execution of the said bainapatra and the plaintiff filled up the tank by earth. The plaintiff asked defendant No.1 for paying monthly rent and even defendant No.2 issued a notice to defendant No.1asking him for paying monthly rent to the plaintiff, who did not pay heed to......hellip;……..................Petitioners Vs. Osi Mia alias Osi Mia Sawdagar....................Respondents Judgment March 9, 2014. Result: The civil petition for leave to appeal is dismissed. To prove the possession Plaintiff did not have any posse..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....(In Criminal Appeal No.11 of 2005). None Represented—Respondent No.1. (In Criminal Appeal No.11 of 2005). Criminal Appeal Nos. 9, 11 and 12 of 2005. (From the judgment and order dated 21st of March, 2005 passed by the High Court Division in Contempt Petition No.118 of2004) ......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......118 of 2004 making the Rule absolute, finding the contemnors guilty of contempt and sentencing contemnor Nos. 1-4 and 6-7 to pay fine of taka 1,000 each, in default to suffer simple imprisonment for one month. Contemnor No. 5 was sentenced to suffer simple imprisonment for 2 months and to ..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3
Amirul Islam (Md.) Vs. Commissioner of Customs Chittagong and others, 2014, 43 CLC (HCD)
....isi was issued calling upon the respondents to show cause as to why the inaction/failure of the respondents to finally assess the imported goods of the petitioner covered under L/C No. 1081-1101-0300 dated 20-9-2011 Invoice No. 20117 2703/Exp dated 21-10-2011, CRF No. BV111 Idob29 dated 27-10-2011 a...... order positively. In the result, the rule is disposed of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ......nt and order dated 19-11-2012 passed by the High Court Division in Writ Petition No.59 of 2012 and to return the bank Guarantee submitted by the petitioner in connection with releasing the goods forthwith. 2. At the time issuing Rule this Division directed the respondents to assess and rel..Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....tution of the People's Republic of Bangladesh the respondents have been called upon to show cause as to why the impugned Memo No.স্থাসবি/ইপ/ইউপি-৪৪/২০০৮ dated 28-3-2013 issued under the signature of respondent No. 3, temporarily suspending the petitione......t submits that proceedings for suspension and the proceedings for removal are disjunctive. Since prior to issuance of the impugned order due inquiry was made with the issuance of show cause notice upon the petitioners concern and that both of them replied to the same; as such, it is appare......11. On taking oath on 6-5-2011 he entered into the office of the said union parishad. It has been contended that the petitioner had been discharging his duties as Chairman of the said union parishad) for near about 2(two) years and that no complain whatsoever had ever been raised against him dur­..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....2013, impugning, inter alia, the non inclusion of an agenda for election of directors in the 30 AGM of the respondent No. 1 bank, the Company Bench of the High Court Division, by a judgment and order dated 6-5-2013 the application with, inter alia, the following directions: i. The Bank should h......iving the certified copy of the judgment and order or from sending the file of Company Matter No. 90 of 2013 to the company section of the High Court Division, whichever is earlier, after issuance of notice including the agenda relating to retirement and election of directors. ii. Mr. Fida M. K......hes located all over Bangladesh it's shares are listed and publicly traded in the Dhaka and Chittagong Stock Exchanges; that the Respondent No. 2 is the Office of the Chief Election Commissioner, for conducting election to the office of the Board of Directors in the 30th AGM of Pubali Bank Limit..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
.... Md. Zahangir, Advocate-on-Record—For Respondent No.4. None represented—For Respondent Nos.1-3 & 5. Civil Petition for Leave to Appeal No. 2125 of 2010. (From the order dated the 18th day of July, 2010 and the 18th day of August, 2010 passed by the High Court Division ......hereinbefore. The Artha Rin execution case in question (No.560 of 2004) shall stand satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ......-9. Hosne Ara Begum, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For Respondent No.4. None represented—For Respondent Nos.1-3 & 5. Civil Petition for Leave to Appeal No. 2125 of 2010. (From the order dated the 18th day of July, 2010 and the ..Category: Others | Date: 24 Feb, 2014 | Hits: 15
BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)
.... SM Moniruzzaman, Deputy Attorney-General, Instructed by Madhumaloti Chowdhury Barua, Advocate-on Record—For Respondents. Civil Appeal No.177 of 2002. (From the judgment and order dated 5-2-2001 passed by the High Court Division in Writ Petition No. 3525 of 1998). Judgment ......using the prices declared by the writ-petitioner for the products manufactured by them by fixing new prices for their products according to cost of production, market demand, and the demand notice No.11 (Dabinama/ Oxygen/98 dated 21-10-1998 issued by writ-respondent No.5 requesting writ-pe...... impugning the order No.CEVT/CASH (VAT-05/98 dated 30-6-1998 issued by writ-respondent No.2 rejecting the appeal of the writ-petitioner in full and refusing the prices declared by the writ-petitioner for the products manufactured by them by fixing new prices for their products according to..Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....or the Appellant. Murad Reza Additional Attorney-General instructed by B Hossain, Advocate-on-Record—For the Respondents. Civil Appeal No.40 of 2002. (From the judgment and order dated 19th of March, 1998 passed by the High Court Division in Writ Petition No.561 of 1989) Ju......impugned judgment and order is liable to be set-aside; and II. Whether the learned Judge of the High Court Division while upholding the judgment and order of the Court of Settlement did not notice that the property in question could not be listed as abandoned property because Abdur Ra......om the 'Kha' list of the abandoned buildings published in the Bangladesh Gazette (Extraordinary) dated 23 September, 1986 as per provision of section 5(1) (b) of the Ordinance, was leased out for Taka 600 by the then Government of East Pakistan on 10-2-1956 to one Kulsum Bibi wife of Abdur R..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
কবির ষ্টীল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in: ...... ৮৩(২) Assisment after hearing- (1) .......... (2) The Deputy Commissioner of Taxes shall, after hearing the person appearing, or considering the evidence produced in pursuance of the notice under sub-section (1) and also considering such other evidence, if any, as he may require on ......রশ্ন উত্থাপন করা হইয়াছে যাহা নিম্নরূপ; (I) whether the Taxes Appellate Tribunal, Chittagong Bench, chittagong is legally justified for whimsically partly confirming the first appeal order passed by the Appellate Additional Commissi..Category: Fiscal/Taxation Law | Date: 17 Feb, 2014 | Hits: 7
Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9
Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
....bu Siddique, Advocate-on-Record—For the Petitioners. None represented—For the Respondent. Criminal Petition for Leave to Appeal No.389 of 2010. (From the judgment and order dated 14-2-2010 passed by the High Court Division in Criminal Appeal No.1691 of 2001) Judgment ......omise to give her job and without doing so they sold her to a brothel and that there was no contradiction in the evidence of the victim and that of her father, P.W.1. 15. The High Court Division noticed that P.W.6 Abdul Basel is not the full brother of P.W.2, Nazma and that P.W.7, Asia Begum is....... State................................................Respondent Judgment February 13, 2014 Result: The petition for leave to appeal is dismissed. The accused-petitioners having no morality could dare to..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21