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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: ......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)

....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. ...... Saha, AAGs—For the Respondent No.1. Writ Petition No. 3064 of 2008. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioner, Sheikh Md. Rafiqul Islam (Babul), Managing Director of M/s Sigma Garments Industries Ltd., this Rule Nisi was issued calling upon the responden......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)

....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: ......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: ......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

Ekramul Hossain (Md.) and others Vs. Chairman, First Labour Court, Dhaka and others, 2013, 42 CLC (HCD)

....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 ......ourt as contem­plated by the provisions of section 202(21) of the Act, 2006. .....(15) Affairs in Civil Nature Must Be Adjudicated By the Civil Court— Section 317(4) entrusted the Director of Labour with power to oversee and supervise the election of a trade union and in the case......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)

....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 ......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 ......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 ......stries and BCIC are the separate and there is no scope to adjust the amount obtained by the convict-appellant from BCIC from the fund of Government. It is also admitted by him that there are Board of Directors who served under the Chairman of BCIC. It is also admitted by him that the pay and conditi......‡, āωāĻ˛ā§āϞ⧇āĻ–āĻŋāϤ āφāχāύ āĻĻ⧁āϟāĻŋ āĻĒāϰāĻ¸ā§āĻĒāϰ āĻŦāĻŋāϰ⧋āϧ⧀āĨ¤ āϤāĻĻāĻžāĻŦāĻ¸ā§āĻĨāĻžā§Ÿ āĻĢ⧌āϜāĻĻāĻžāϰ⧀ āĻ•āĻžāĻ°ā§āϝāĻŦāĻŋāϧāĻŋ āϏāĻžāϧāĻžāϰāĻŖ āφāχāύ (General Law) āφāχāύ āĻŦāĻŋāϧāĻžāύ āĻāĻŦāĻ‚ ⧧⧝ā§Ģā§Ž āϏāύ⧇āϰ āĻĢ⧌āϜāĻĻāĻžāϰ⧀ āφ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3

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

....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. ......vision (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Mahmudul Hoque J   Proshanta Kumar Sarkar....................Petitioner Vs. Managing Director, Agrani Bank Ltd Head Office and others..........Respondents Judgment   ......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 ...... Aga Khan, [1993] 1 WLR 909; Rv. Lloyd s of London, ex parte Briggs, [1993] 1 Lloyd's Rep 176; Poplar Housing Association Vs. Donohue, (2001) I EWCA Cir 595 and (2002) QB 48; Jeewan Mohit Vs. The Director of Public Prosecutions of Mauritius, (2006) UKPC 20. Lawyers Involved: Rehan Husa......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)

....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. ......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. ......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 ......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

Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)

....appointed after the com­ing into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ......e been heard together and are disposed of by this common judgment. 2. Both the leave petitions have been filed by writ-respondent No.4, Bakhhrabad Gas System Limited, represented by its Managing Director, against the judgment and order dated 21-11-2011 passed by a Division Bench of the High Cou......appointed after the com­ing into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ..

Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12

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

....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   ......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   ......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)

....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. ......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. ......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)

....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   ......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   ......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

ATM Nazimullah ChowÂŦdhury Vs. State & another, 2013, 42 CLC (HCD)

....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500.   ......the abscondence of the accused-appellant, the question of examination of any defence witness does not arise at all. 26. However, the informant and Investigating Officer Abdullah-al-Zahid, Deputy Director, Anti-Corruption Commission, has examined himself as P.W.1 in the case. He deposes that pur......Javeed Vs. State 21 DLR (WP) 62. Lawyers Involved: Abdur Rezzaque Khan with Fida M Kamal and Md. Tauflq Sajawar, Advocates—For the Appellant. Md. Khurshedul Alam, Deputy Attorney-General with, Md. Abdul Bari, Assistant Attorney-General and Mahmuda Parveen, AAG—For the Stat..

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)

....hereby declared to have been given without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 14.        ......ho voted it for decades, so their right is involved in its political agenda, therefore their right cannot be taken away. On the same proposition, he also referred to the observations made in Managing Director, Rupali Bank Ltd Vs. The Chairman, First Labour Court, Dhaka, 45 DLR 397, which contained i......under. 286. The facts necessary for disposal of the Rule, as has been stated by the petitioners, in brief, is that the Election Commission (hereinafter referred to as the EC) with a view to hold General Election for constitution of the 9th Parliament and also to bring the political parties of B..

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)

....āĻ¨ā§‹ā§ŸāĻžāϰ āĻ•āĻŦāĻŋāϰ; āχāϏāϞāĻžāĻŽāĻŋāĻ• āĻĢāĻžāωāĻ¨ā§āĻĄā§‡āĻļāύ āĻ•āĻ°ā§āϤ⧃āĻ• āĻĒā§āϰāĻ•āĻžāĻļāĻŋāϤ, āĻĒ⧃āĻˇā§āĻ āĻžāσ ā§Ŧā§Ž) (..to be continued at CLC ID ( 9365 ) ......āĻ¨ā§‹ā§ŸāĻžāϰ āĻ•āĻŦāĻŋāϰ; āχāϏāϞāĻžāĻŽāĻŋāĻ• āĻĢāĻžāωāĻ¨ā§āĻĄā§‡āĻļāύ āĻ•āĻ°ā§āϤ⧃āĻ• āĻĒā§āϰāĻ•āĻžāĻļāĻŋāϤ, āĻĒ⧃āĻˇā§āĻ āĻžāσ ā§Ŧā§Ž) (..to be continued at CLC ID ( 9365 ) ......to be registered with the Commission subject to conditions laid down in Article 90B of the RPO. The BJI accordingly made an application to the Commission on 20.10.2008 through its Secretary General for registration. A Scrutiny Committee was formed for examination of the documents submitted..

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)

....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: ...... Case is also Reported in: ......reference applications were filed in the year 2004 i.e. very old pending matters, we are inclined to dispose of the reference applications on merit. 8. Md. Abu Amjad, the learned Deputy Attorney General assisted by Ms. Mahfuja Begum, the learned Assistant Attorney General takes us through the r..

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

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

....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:   ......Reported in:   ......rence applications were filed in the year 2004 i.e. very old pending matters, we are inclined to dispose of the reference applications on merit. 8. Mr. Md. Abu Amjad, the learned Deputy Attorney General assisted by Ms. Mahfuja Begum, the learned Assistant Attorney General takes us through the r..

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