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Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....ith fairly and reasonably. 14. In the case of AKM Kawsar Ahmed Vs. Bangladesh, cited in 65 DLR 277, wherein it was held that: “the doctrine of legitimate expectation provides that the statements of policy or intention of the Government or its Department in administering its affairs s......n 65 DLR 277, wherein it was held that: “the doctrine of legitimate expectation provides that the statements of policy or intention of the Government or its Department in administering its affairs should be without abuse or discretion.” 15. In the case of DG, BWDB Vs. BJ Geo Te..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....pe under the scheme of the Ain for the section 19 provisions for ex-parte hearing to equally come into play. Section 19 in this regard is found to be predicated upon a due filing of written statement taking place as per the provisions of section 10 and permits of no ground or scope fo......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
....get the answer of this question, we may profitably refer the decision of Full Bench of the High Court Division (Comilla) in the case of Nurul Huda Vs. Baharuddin and others 41 DLR 395 wherein it is stated that the learned Sessions Judge cannot transfer the appeal to the court of Assistant Sessio......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....Dhaka in his reply frankly conceded that no such sanction was obtained from the Government as per Provision of section 40(2) of the Santrash Birodhi Ain, 2009 before taking cognizance of the case. He stated in his reply to the effect that; “সন্ত্রাস বিরোধী আ......ction(2) or section 5 of this Act, alleged to have been committed by a public servant except with the previous sanction,— (a) In the case of a person who is employed in connection with the affairs of the Union and is not removable from his office save by or with the sanction of a Cen..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
....incriminating alamats were seized and proved at the time of trial, which are also found as material exhibits. Again it appears that the accused-Maku Rabi Das made an extra-judicial confessional statement in respect of commission of offence immediately after his arrest but it was made in pres...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ......m, quoted above. So, the decision given on the basis of previous legislation referred by the learned Advocate for the accused-petitioner has no manner of application in the present stage of affairs since it relates to sanction under section 32(1) of the Anti-Corruption Commission Ain, 2004..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... of dated 19-7-2009 passed by the learned Joint District Judge, 1st Court, Dhaka in Title Suit No. 323 of 1999 is illegal. 2. The facts leading to the issuance to the leave in a nutshell; can be stated thus, the plaintiff-petitioner filed the original Title suit alleging that the plaintiff as a...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....Council of Civil Service Union Vs. Minister for the Civil Service 1985 AC 374………………………………(22 & 20) (i) The statement or practice giving rise to the legitimate expectation must be sufficiently clear and ......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....y at large". 12. Mr. Momtazuddin Fakir, the learned Additional Attorney-General appearing on behalf of the State-appellant submits that the High Court Division having found the confessional statement of the convict-respondent to be voluntary and true seriously erred in commuting the senten......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....e Act-II of 1947. 10. Since the case was investigated by the Bureau of Anti-corruption. We need to take into consideration the charge sheet as well. The Investigating Officer in his charge sheet stated inter alia that the then Government on 10.12.1994 took a decision to purchase a Frigate as pe......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....e case of Md. Islam Alt Mia @ Md. Islam Vs. Amal Chandra Mondal reported in 13 BLD (AD) 28 in support of his contention. 8. Mr. KM Zahid Sarwar, the learned Deputy Attorney-General for the state opposing the Rule submits that the prima facie case has been made out against the petitioners ......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....deed. He is also required to resolve the dispute regarding the shop, which appears from the recitals of the agreement that it is in the possession of the tenant, even though there is no such positive statement, otherwise the parties would not have used the expression 'settlement' o......ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....05 should not be set-aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule in a nutshell can be stated thus, the land measuring 1.92 acres appertaining to CS Khatian No.3 in plot No.272 of Mouza-S......no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
....ating that the Anti-Corruption Commission issued a notice dated 24-4-2008 on the accused-petitioner under section 26(1) of the Anti-Corruption Commission Act, 2004 directing him to submit wealth statement of movable and immovable properties owned and possessed by him and his wife. On recei......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... the record of the case that at the time of issuance of the Rule all further proceedings of the impugned proceedings were stayed. 3. Facts relevant to disposal of the Rule may be, briefly, stated as follows:— On 19-8-1998, one Abdullah-al-Zahid, an officer of the Bureau of Anti...... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....han that of his known sources of income. Accordingly, a notice dated 14-11-2007 was issued and served upon him under section 26(1) of the Anti-Corruption Commission Act, 2004, directing him to submit statement of properties and liabilities according to the prescribed form. Thereafter, he submitted w......case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....-petitioner filed an application before the Special Judge under section 344 of the Code of Criminal Procedure for staying the proceeding of the case. 39. In the said application it was stated that the prosecution had not complied with the provision as laid down in section 188&nbs......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11