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....Mr. Murshid vehemently stands that, if this Court does not interfere with the impugned Amendment Act the ACG will be turned to toothlees tiger.
9. Mr. Biswojit Roy, the learned Deputy Attorney-General appearing on behalf of the respondents without filing any affidavit-in-oppos......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
......ported in: 67 DLR (HCD) (2015) 191
......mently stands that, if this Court does not interfere with the impugned Amendment Act the ACG will be turned to toothlees tiger.
9. Mr. Biswojit Roy, the learned Deputy Attorney-General appearing on behalf of the respondents without filing any affidavit-in-opposition, submits t..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ...... late Md. Motiur Rahman, Sabbir Tower (5th Floor), 3/4, Purana Paltan, Police Station-Paltan,District-Dhaka…………..Petitioner (In both the revisions) Vs. The State and Md. Syed Rejaul Karim Salim,son of late Abdur Rauf and the Managing Director, Gomati Housing Ltd......nd another, 64 DLR426, Arif-uz-Zaman (Md.) Vs. State, 17 BLC (AD) 167 Lawyers Involved: Md. Abdul Quadir Talukder, Advocate-for the petitioner. ASM Fazle Rabbi Khan, Assistant Attorney General-for opposite party 1. Criminal Revision No.823 of 2012 with Criminal Revisio..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
....of the Court issued against him.………. (7 & 8) Case Referred to- Anti-Corruption Commission Vs. Mahmud Hossain, 61 DLR 17. Lawyers Involved: Md. Sohrawardi, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate-on-Record—For the Appe...... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ......lowed. No Court of law can give any protection or entertain any application by a person Fugitive from Justice An accuse person who avoids the process of any court is a fugitive from justice and can not seek justice without surrendering before a court of law. A man who seeks justice fr......ued against him.………. (7 & 8) Case Referred to- Anti-Corruption Commission Vs. Mahmud Hossain, 61 DLR 17. Lawyers Involved: Md. Sohrawardi, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate-on-Record—For the Appellant. Md. ..Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
....ellant filed return for the assessment year 1991-92 showing gross profit at the rate of 11.77%. Notice was served upon him, fixing date of hearing but he did not appear at the time of hearing and the Deputy Commissioner of Taxes took the matter for ex-parte hearing and held that the assessee intenti......he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ......n-Record—For the Respondent. Civil Appeal No.279 of 2002 (From the judgment and Border dated 25th of March, 2001 passed by the High Court Division in Reference Application No.4......Kumar Shil, 34 DLR (AD) 298. Lawyers Involved: Rafique-ul-Huq, Senior Advocate instructed by Md.Wahidullah, Advocate-on-Record—For the Appellant. Mahfuza Begum Assistant Attorney-General instructed by B Hossain, Advocate-on-Record—For the Respondent. Civil Appeal..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
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. ...... 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. ......ri Sangha Vs. AIR Ltd., AIR 1988 SC 1325; Seraj Uddin Ahmed Vs. AKM Saiful Alam, 56 DLR (AD) 41; M. Amir Khan Vs.Collector Estate Duty, 14 DLR (SC) 276; Northwest Frontier Province Vs. Suraj Narain Anand, PLD 1949 PC 1; Poonam Vs. Sumit Tanwar, (2010) 4 SCC 460; Pakistan Vs. Akhlaque Hossain, 17 DLR......79 SC 193; CIT Vs. National Jaj Traders, AIR 1980 SC 485; East Pakistan Vs. Sarafatullah, PLD 1970 (SC) 514; India Vs. Pradeep Kumari, AIR 1995 SC 2259;Mahadeo Lal Vs. Administrator General of West Bengal, AIR 1960 SC 936; AIR Karmachari Sangha Vs. AIR Ltd., AIR 1988 SC 1325; Seraj..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
....n Dali Vs. State, 16 BLP (1996) 580 = 1 BLC 312; Abdur Razzak alias Geda Vs. State, 16 BLD (1996) 312=48 DLR 457; Abul Kalam Azad Vs. State, 48 DLR 294. Lawyers Involved: Biswajit Deb Nath, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Appellant. S...... 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. ......, Advocate-on-record—For Respondent. Khurshid Alam Khan, Advocate, with leave of the Court—For Anti-Corruption Commission. Criminal Appeal No.22 of 2004. (From the judgment and order dated 2nd of July, 2003' passed by the High Court Division in Criminal Appeal No. 2907......, 16 BLP (1996) 580 = 1 BLC 312; Abdur Razzak alias Geda Vs. State, 16 BLD (1996) 312=48 DLR 457; Abul Kalam Azad Vs. State, 48 DLR 294. Lawyers Involved: Biswajit Deb Nath, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Appellant. Sheikder Mokbul H..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)
.... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ...... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ......rt Division (Criminal Revisional Jurisdiction) Present: Muhammad Abdul Hafiz J Md. Ruhul Quddus J Md. Abdur Rob Bhuiyan............................................Petitioner Vs. Sheikh Ahammed and others…………......................Opposite Parties Judgment November 21, 2013. Result:......ittal, unless there is non-consideration or misreading of evidence, or miscarriage of justice arising out of misconception of law, gross procedural irregularities and apparent harshness of treatment. Generally an accused enjoys the presumption of innocence and an accused acquitted on trial acquires ..Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24
Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)
....r, Mr. Sharif Uddin Ahamed got promotion as Additional District Judge and his promotion was given effect by office order No.742- Bichar-3/(IT,2/2001 dated 11-11-2007 issued under the signature of the Deputy Secretary (Administration), Judicial Section-3, Ministry of Law, Justice and Parliamentary Af......s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ......iginal Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Sheikh Md. Rafiqul Islam (Babul)....................Petitioner Vs. Manager, Uttara Bank Limited and others..........Respondents Judgment November 20, 2013 Result: The Rule is m......ined under law since it has been passed by the respondent No.3 Additional District Judge under his direction which he cannot do under the law. 8. Mr. SM Moniruzzaman, the learned Deputy Attorney-General appearing for the respondent No.1 by filing affidavit in opposition opposes the Rule. He sub..Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6
Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....s……Respondents Judgment November 20, 2013. Result: The Rule is discharged. Lawyers Involved Abdus Satter Babul, Advocate-For the petitioner. Ms. Amatul Karim, Deputy Attorney General with Ms. Nusrat Jahan, Aaaistant Attorney General- For the respondent-gove......fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ...... (Special Original Jurisdiction) Present: Farah Mahbub J AKM Zahirul Hoque J Md. Nuruzzaman (Noni)………………………Petitioner Vs. Government of Bangladesh and others……Respondents Judgment November 20, 2013. Result: The Rule is dis......ts Judgment November 20, 2013. Result: The Rule is discharged. Lawyers Involved Abdus Satter Babul, Advocate-For the petitioner. Ms. Amatul Karim, Deputy Attorney General with Ms. Nusrat Jahan, Aaaistant Attorney General- For the respondent-government. Wri..Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24
....y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
......y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
......R (HCD) (2015) 313
......ation No. Dhaka-4557, obtained this Rule,on 27-10-2011, challenging the proceedings of BLA Case No. 1534 of 2011 brought before the First Labour Court, Dhaka by-respondent No. 1 describing him as the General Secretary of same trade union.
2. Respondent No. 2 as first party brought the BLA Case ..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ......he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ...... ......tute. 16. The case cited above is different from the case in hand and, as such, it has no manner of application. In addition the term "District Judge" according to section 3(15) of the General Clauses Act has to be taken as the principal civil Court of the original jurisdiction. The t..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ee for rebuttal of the Inspector's report was neither taken before the Tribunal nor decided by the Tribunal. 11. Appearing with the leave of the Court, in reply, Mr Md Abu Amzad, the learned Deputy Attorney-General on behalf of the respondent-department being assisted by Ms. Mahfuza Begum, ......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ...... Golam Sarwar......................Appellant VS. Commissioner of Taxes....................Respondent Judgment November 14, 2013 Result: No answers to questions (b) and (c). The appeals are remanded to the Tribunal to decide part of question (a) in the light o......of the Inspector's report was neither taken before the Tribunal nor decided by the Tribunal. 11. Appearing with the leave of the Court, in reply, Mr Md Abu Amzad, the learned Deputy Attorney-General on behalf of the respondent-department being assisted by Ms. Mahfuza Begum, the learned Assi..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
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 ......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 ......- Hasanuddin Sarker Vs. State, 34 DLR 287; Kazi Ahammad Bazlul Karim Vs. State, 11 BLC 60; Abdul Bari Vs. State, 3 BLC 474; Habibur Rahman Mollah Vs. State, 61 DLR. Lawyers Involved: Khandhar Mahbub Hossain with Md. Shah Alam, Advocates—For the Appellant. Md. Abdul Hai, DAG......, উল্লেখিত আইন দুটি পরস্পর বিরোধী। তদাবস্থায় ফৌজদারী কার্যবিধি সাধারণ আইন (General Law) আইন বিধান এবং ১৯৫৮ সনের ফৌজদারী আ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
....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.
......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.
......tion)
Present:
Syed Refaat Ahmed J
Mahmudul Hoque J
Proshanta Kumar Sarkar....................Petitioner
Vs.
Managing Director, Agrani Bank Ltd Head Office and others..........Respondents
Judgment
October 8th, 2013.
Result......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)
....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 ......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 ......n (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Moulana Abdul Hakim (Md.)...............Petitioner Vs. Government of Bangladesh and others..............Respondent Judgment October 3, 2013 Result: The Rule is ......o be satisfied before the determination can have any effect on such legal rights or liabilities. That subsequent condition may be a later determination by another tribunal (see R Postmaster General. Ex p. Carmichael [1928] I KB 291), Rv Boycott. Ex p. Keasley ([1939J2 All ER 626. [1939J2 K..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....ucted by Md. Aftab Hossain, Advocate-on-Record—For the Appellants. Shamim Khaled, Advocate, instructed by Firoz Shah, Advocate-on-Record—For Respondent Nos.1-5. SM Moniruzzaman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record—Respondent No. 5. C......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......Md. Anwarul Haque J AA Engineering Limited……………………........Appellant Vs. University of Khulna, represented by its Vice-Chancellor and others……….Respondents Judgment October 3, 2013. Result: ......ab Hossain, Advocate-on-Record—For the Appellants. Shamim Khaled, Advocate, instructed by Firoz Shah, Advocate-on-Record—For Respondent Nos.1-5. SM Moniruzzaman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record—Respondent No. 5. Civil Appeal No. ..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....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 ......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 ......Civil Revisional Jurisdiction) Present: Soumendra Sarker J Satsang Bangladesh, D. Pakutia.............Plaintiff-Appellant-Petitioner Vs. People’s Republic of Bangladesh and others.......Defendant-Respondent- Opposite Parties Judgment September 26, 2013. ......nterim order of status quo. 6. Mr. AJ Mohammad All with Mr. Rowshan Alum Khan, the learned Advocates appeared on behalf of the petitioner while Mr. Sukumar Biswas, the learned Assistant Attorney-General and Mr. Probir Neogi the learned Advocate appeared on behalf of the opposite party Nos. 1, 2..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
....ay or that way and, for no reason and logic, he could just sit over the matter………………………(15)
Lawyers Involved:
SM Moniruzzaman, Deputy Attorney-General instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner.
......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
......Appellate Division
(Civil)
Present:
Md. Muzammel Hossain CJ
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
AHM Shamsuddin Chowdhury J
Commissioner of Customs, Excise and VAT………………Petitioner
Vs.
Appollo Steel Mills ......nd, for no reason and logic, he could just sit over the matter………………………(15)
Lawyers Involved:
SM Moniruzzaman, Deputy Attorney-General instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner.
Mahmudul Isla..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....a procession on 11-10-1995 and, thereafter, went to the Police Station but the Officer of the Police Station declined to record the First Information Report (FIR). A memorandum was handed over to the Deputy Commissioner and the Superintendent of Police'. Ultimately on 24-10-1995 the police accep......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. ...... Siddique J State……………………………………………Appellant Vs. Mostafizur Rahman and another...........Respondents Judgment September 18, 2013 Result: The appeal......286 and Md. Abdul Hamid Mollah Vs. Ali Mollah, 13 BLD (AD) 127 = 44 DLR (AD) 223; Md. Iqbal Vs. State of Jharkhand, AIR 2013 SC 307. Lawyers Involved: Momtazuddin Fakir, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record—For the Appellant. None Represented..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)
....: The appeals are allowed. Case Referred to- Saifur Rahman Vs. Bangladesh through the Secretary, Ministry of Agriculture, (1989) 41 DLR 538. Lawyers Involved: Md.Shohrowardi, Deputy Attorney-General, Instructed by Md. Ferozur Rahman, Advocate-on-Record—For the Appellan......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 ......Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Government of Bangladesh...... Appellant (In all the appeals) Vs. Md. Abdul Maleque Miah and 7 another.........Respondent Judgment ......ls are allowed. Case Referred to- Saifur Rahman Vs. Bangladesh through the Secretary, Ministry of Agriculture, (1989) 41 DLR 538. Lawyers Involved: Md.Shohrowardi, Deputy Attorney-General, Instructed by Md. Ferozur Rahman, Advocate-on-Record—For the Appellant. (In all the a..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
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