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Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....at person at his usual or last known place of abode or business in Bangladesh; or (c) By publication in a daily Bangla national newspaper having wide circulation." 19. The case at hand was filed earlier to the said amendment. Prior to this amendment, there was no specific provisi......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....earned Advocate Mr. Sarder Jinnat Ali further contends that allowance of the reference application shall only entitled the Assessee-applicant to prefer the appeal and nothing more. 9. On the other hand the learned Deputy Attorney General Mr. S. Rashed Jahangir relied upon the Paragraph of the aff......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......(by whatever designation known) or any officer responsible for manage4ment of the affairs, or of the accounts, of the authority, company, body or association; and (b) any person connected with the management or the administration of the local authority, company, body or association upon whom the ..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....ice demanding repayment of loan was issued only against defendant No.1, who was admittedly the main borrower. Mr. AZM Mohiuddin, learned advocate appearing for the respondent No. 3 Bank, on the other hand, submits that since no property was mortgaged in favour of the Bank, the Bank had no option but......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
.... nephews depriving her minor child…………(21 & 22) Cases Referred to- 19 BLT 568; 37 DLR (AD) 205, 45 DLR 279;19 DLR 188. Lawyers Involved: Md. Khandker Amitml Hague, Advocate—For the Petitioner. Moudud Ahmed with Md. Abdun Nur, Advo......t No.2453 dated 30-6-2004 AD and on the same day delivered possession of the suit land to them and since then the defendants have been residing thereon by mutating their name and paying rents to the Government. The plaintiff has no right, title and interest in the suit land and, as such, the suit is......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....he plaintiffs that within 15 days there of they will vacate the suit land but ultimately they did not leave the suit land and accordingly the plaintiffs again requested the defendants on 16-8-1997 to hand over the vacant possession of the suit land in their favour but the defendants denied the same....... important for the plaintiffs to disclose as to from when the defendants were inducted into possession in to the suit land Amendment of Pleadings is Justified on arising of Question of Controversy between Parties- Amendment of the pleadings is always justified if the same is foun......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ..Category: Property Law | Date: 21 May, 2013 | Hits: 6
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
.... as such, fixing of the suit for ex- parte hearing is without jurisdiction and the decree passed ex-parte is also without jurisdiction and in violatior of the provisions of law. 11. On the other hand, Mr. Ruhul Ameen, the learned Advocate appearing for the respondent No.2 submits that the court...... notice on 19-7-2009 upon the petitioner demanding payment of the outstanding dues as mentioned above and finally instituted Artha Rin Suit No. 276 and 277 of 2010 against the petitioners for recovery of the loan. 5. The petitioners as defendants appeared in both the suits on 7-2-2010 and ......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
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
....t appeal is not re-admitted to its original file and number the appellants will suffer irreparable loss and also would be deprived from substantive justice which should not be happened in the case in hand. Therefore, we are inclined to re-admit the instant appeal to its original file and number. The......d by the Court inasmuch as the dismissal was under the rules framed by the High Court and, therefore, an application for re-admission of the appeal dismissed by a Bench of the High Court is not governed by any Articles of the Limitation Act." Further it was held. "In view of the fact ...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....earned Advocate appearing for Ms. Nahid Mahtab, the learned counsel for the respondent No.3 General Manager, Foreign Exchange Policy Department (Import Policy Department) Bangladesh Bank on the other hand, submits that in this case a direction whatsoever can only be given by this Division upon the r......h the Rules are disposed of. Cases Referred to- Professor Md. Yumus Vs. Bangladesh 63 DLR 260; ASF Rahman Vs. Bangladesh Bank 20 BLD (AD) 32 = 52 DLR (AD) 61 and JIT Knit Composite Ltd Vs. Government of Bangladesh 18 BLC 480. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate M......b-section (1)(Gha) of the section 45 of the Act, Bangladesh Bank enjoys the authority to pass any direction on all or any of the Bank-Companies in the public interest or for ensuring proper management. 14. In this context we think it relevant to quote a line from the decision of the A..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....e value of the goods in question. However, he argues, the Customs Authority did not at all follow those stages and put a higher value on the said goods. Mr. Protikar Chakma, learned AAG, on the other hand, supports the higher value as imposed by the Customs Authority. 26. We have gone through t......d importation of excess wheats from India through Hilli Station, Dinajpur under Bill of Entry No. 4667 dated 11-6-2005 and Bill of Entry No. 48/72 dated 21-6-2005, EXP No. 2292 dated 10-6-2005 being covered under Letter of Credit No. 1945-05-01-0272 dated 9-6-2005. Accordingly, the appellant was fou......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
....l description of the imported goods was of acrylic polymer does not lend support from the First Schedule of the Customs Act as well as the relevant column of the CRF certificate.
7. On the other hand Mr. Gautam Kumar Roy, learned Deputy Attorney General appearing for the respondent submits that......d notice dated 12.01.2003 asking the appellant to show cause as to why action should not be taken against it for certifying wrong H. S. Code against the imported goods causing loss of revenue to the Government. The appellant by letter dated 26.01.2003 replied the notice asserting that the CRF certif......the Commissioner of Customs, Chittagong is set aside.
Communicate the judgment and send down the records.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
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Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
.... single Bench of the High court Division in Criminal Revision No.762 of 1991 discharging the Rule arising out of judgment and order dated 23.05.1987 passed by the learned Assistant Sessions Judge, Chandpur in Criminal Appeal No.37 of 1986 dismissing the appeal and affirming the order of convictio......rmination in case in hand is whether an Assistant Sessions Judge deemed to be appointed as Additional Sessions Judge has the power to hear appeals, revisions references and reviews if they are made over or transferred to him by sessions Judge. To get the answer of this question, we may profitably......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)
.... respect of the Ferry Ghat in question vests with the government without any encumbrance and in such view of the matter, authority over the Ferry Ghat in question, if intended by the government to be handed over to any Ministry then such authority has to be explicitly expressed either in the law or ......en issued without lawful authority and is of no legal effect. 3. Mr. Ahsanul Karim, the learned Advocate appearing for the respondent No.5 submits that State Acquisition Act, 1951 has taken over all rent receiving interest in respect of Fisheries, Ferries and all that which includes Maowa ......iverport and such declaration is the root of the dispute which is before us. Petitioner's side claims that the declaration of the ferry ghat as riverport has automatically vested its authority of management and control in favour of the BIWTA while the respondent No. 5 claims that though the ferr..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....ation Report and police report no offence has been disclosed within the mischief of section 8/9/13 of the Santrash Birodhi Ain, 2009 against the present accused-petitioner. 10. On the other hand Mr. Md. Morataz Uddin Fakir, the learned Additional Attorney-General appeared with Mr. MH Sarde......assembly on the road carrying a banner of the banned organization namely 'Hijbul Tahrir' and also chanted slogan to establish 'Khilafat State' in Bangladesh and to topple the present Government; the informant party chasing the said persons arrested the present accused while others we......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....te, 61 DLR 1; Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir 62 DLR (AD) 290; 15 BLC 464. Lawyers Involved: Sheikh Fazle Noor Taposh with Imranul Kabir with Mejbahur Rahman with Khandaker Reza-e-Razib with Samia Afroz Khan, Advocates—For the Petitioners. Khurshid Alam......n one judgment since all these arises out of same ACC GR case and the matter of adjudication of all these writ petitions are identical in nature we are going to write single judgment which will govern all these writ petitions referred to above. 3. The facts, relevant for disposal of ......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 ..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....ss abuse of power or in violation of the principles of natural justice and not taken in public interest. (vi) The statement or practice must be shown to be applicable and relevant to the case in hand. Thus where an offer of an interview had been made in 1986, but action was taken in 1988 withou...... dismissed. Legitimate expectation The root of the principle of legitimate expectation is constitutional principle of rule of law which requires regularity, predictability and certainty in Government's dealing with the public…………………......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
....therefore, accepted that the prosecution was able to prove the commission of murder by the condemned-prisoner and upheld the conviction under section 302 of the Penal Code. 15. On the other hand, the High Court Division noted that there was on record an application dated 21-5-1995 filed be......ssions Judge. fifth Court, Dhaka for trial where it was registered as Sessions Case No.140 of 1995. Charge framed against the respondent under section of the Penal Code. When the said charge was read over, the accused present pleaded not guilty and claimed to be tried. During the course of trial the......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)
....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: ......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 per requirement of the Navy. Accord......was recommissioned on 12.03.2003 by the then Chief Advisor of the Care Taker Government, it was stated that it is the most modern Naval surface ship of the Bangladesh Navy and the ship’s Combat management system, missile system and other equipments are of World class (annexure-D). This frigate..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....mid Vs. Abbas Bhai A Hossain, 14 DLR (SC) 24; Gomathinayagam Pillai Vs. Palaniswami Nadar, AIR 1967 SC 868; Gobind Prasad Vs. Hari Dutt, AIR 1977 SC 1005; Paul Couvreur VMG Shapiro, AIR 1948 PC 192; Chand Rani Vs. Kamal Rani, AIR 1993 SC 1942; Green Vs. Sevin (1879) 13 Ch. D 589. Lawyers Involv......ndant did not dispute the execution of the agreement and the payment of advance money out of the total consideration amount. In view of the conflicting claims, the determination of the points in controversy depend upon the construction of the agreement, Exhibit-1, executed by the parties. ......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
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....y came to a finding that the writ-petitioner did not have any reasonable expectation to get the tender. 8. MA Samad, learned Senior Advocate, appearing on behalf of the respondents, on the other hand, supports the impugned judgment and order. 9. We have considered the submissions of the le......tition No.4806 of 2004 before the High Court Division under its writ jurisdiction and obtained Rule Nisi. 4. Writ-respondent Nos.1 and 2 entered appearance by filing affidavit-in-opposition controverting the material statements made in the writ petitions. 5. The High Court Division upon he......acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... of Bangladesh Vs. Shahadat Hossain reported in 16 BIT (AD) 183, Mustafizur Rahman Vs. DG Anti-Corruption reported in 49 DLR 599, Saidur Rahman Vs. State reported in 54 DLR 489. 11. On the other hand, Mr. Md. Khurshid Alam Khan, learned Advocate appearing on behalf of opposite-party No. 2, the ...... On 19-8-1998, one Abdullah-al-Zahid, an officer of the Bureau of Anti-Corruption, Dhaka lodged an ejahar with Dhanmondi Police Station against the accused-petitioner alleging, inter-alia, that the Government on receipt of the information and after making preliminary enquiries became satisfied that...... 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
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