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....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
......suit after setting-aside the ex parte decree, the suit will be automatically restored in terms of section 19(4) of Ain.
12. Two aspects have been made abundantly clear in the said provisions of law that an application for restoration of the suit after setting-aside ex parte decre..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......of the statutory period as stipulated in clause (c) of the proviso to section 138 of the Act, 1881 those were maintainable in law. He has further submitted that the Act, 1881 being a special law, its provisions have to be construed strictly and admittedly, the respective petition of compla..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)
....304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ...... Penal Code to one under the first part of section 304 of the said Code. Hence, we are required only to consider the legality of the sentence imposed by the High Court Division. 9. In view of the provisions of the Penal Code quoted above, a sentence of imprisonment of twenty years under the firs..Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
..... 6. On the other hand, Mr. Fida M. Kamal the learned Counsel appearing on behalf of the respondents has strongly opposed it alleging that the High Court Division has rightly pointed out the mandatory provision of section 21A of the Specific Relief Act where two pre-conditions have been i......islation. 5. Mr. Quamrul Islam Siddiqui the learned Counsel appearing on behalf of the plaintiff-petitioner submits that High Court Division has totally misconceived the spirit of the amended provisions of law incorporated in the Registration Act by Act 25 of 2004, and Specific Relief Aet,1..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......and wider powers to the High Court and Court of Session but this power will no doubt normally be exercised in a reasonable and judicial manner taking into account the limitations placed by other provisions of the Code upon subordinate authorities and that a rule founded on justice and equity wi..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......collecting authority to examine, monitor or verify books of accounts and relevant records in relation to – deduction or collection of tax by the concerned authority in accordance with the provisions of Chapter VII of this Ordinance; and deposit of the tax so collected or deducted to t..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....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. ......the bank and as such the question of the date of receipt of the notice is not at all material for quashing the proceeding under section 138 of the Negotiable Instrument Act, 1881, keeping in view the provisions of section 27 of General Clauses Act, 1897 which contemplates that the service ..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....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 ......egality in issuing the warrant of arrest against the petitioner in view of the fact that the petitioner was admittedly not the main borrower, but a third party guarantor, and, as such, in view of the provisions under section 6(5) of the said Ain, he may be proceeded against only after exha..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....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. ......and but the appellate Court below without giving any reasons whatsoever found the title of the plaintiffs into the suit land and this sort of findings of the appellate Court below is against the provisions of law. He submits that Order XLI Rule 31 CPC provides that the appellate Court must..Category: Property Law | Date: 21 May, 2013 | Hits: 6
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....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. ...... Judgment May 15, 2013. Result: Both the rules are discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications against the ex-parte judgments and decree of the Adalat similar t..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
.... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ......d from the present case. On perusal of another decision of our jurisdiction in the case of Shabitribala Vs. Rohinikanta Mondal, reported in 4 DLR 11, wherein their Lordships held that: "The provisions of the Code of Civil Procedure are not applicable to an appeal pending before the High Co..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
.... we are to dispose of the same on merit. Mr. Jahirul Islam, learned advocate for the Appellant, submits that the Customs Authority arbitrarily refused to accept the CRF value in violation of the mandatory provisions of law. He further submits that if the value certified by the PSI agent is...... 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 found liable for punishment for violation of the provisions under sections 16 and 32 of the Customs Act, 1969 and section 3(1) of the Import and Expo..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....s such, the investigating officer acted illegally in investigating the case as well as submitting the charge-sheet, which vitiated the whole investigation. Mr. Dey further submits that it is the mandatory provision of law as provided in section 40(2) of the Santrash Birodhi Ain, 2009 that befor......f the Santrash Birodhi Ain, 2009 was started against the accused. 4. The police after completing investigation into the case submitted charge-sheet against the accused-petitioner under the above provisions of law. 5. The case being ready for trial the case record was sent to the Metropolit..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....o be made absolute. 5. Mr. Taposh further submits that in the instant case admittedly, sanction has been accorded by one of the member named Md. Habibur Rahman which also stands against the mandatory provision laid down in section 32(1) and (2) of the Anti-Corruption Commission Act, 2004 b......ক প্রদত্ত অনুমোদন পত্রের একটি প্রতিবেদনের সহিত আদালতে দাখিল করিবে। 11. The above provisions, incorporated in the parent law, is to be read with the provision as laid down in rule 15..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 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 ......eferred a decision reported in 1986 BLD (AD) 224 and another two decisions reported in 47 DLR 556 and 1 BLC (AD) 156. 13. Having regard to the above mentioned decisions I do admit that under the provisions laid down in section 116 of the Evidence Act by the principle of estoppel in an appropria..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....ade out, the decision or action of the authority will not be interfered with unless it is shown to have resulted in failure of justice. There cannot be any legitimate expectation ignoring a mandatory provision of law requiring permission to be obtained. (viii) Clear words in the statu......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
....sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
......AD) 285 = 9 BLC (AD) 169.
5. Mr. Hironmay Haider, the learned Advocate appearing on behalf of the Bank by affidavit-in-opposition opposes the Rule and submits that the petitioner could avail the provisions of Order XXI, rule 90 of the Code of Civil Procedure for setting-aside the auction sale o..
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....f the tender and that in the instant case, the decision was not taken within 30 days from the date of the opening of the tender and that clause 2.2 of the tender schedule was merely directory and not mandatory and that on the basis of the said clause the writ petitioner has not acquired any inchoate......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
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
....be taken into consideration in the instant proceeding....... (7) Section 32, Anti Corruption Commission Act, 2004 According to section 32 of Anti-Corruption Commission Act, 2004 sanction is mandatory to be obtained before submission of police report to the Court concerned for taking cogniz......ip;………………Opposite-Parties Judgment February 10, 2013. Result: The Rule is discharged. Accused shall rebut presumption Under the provisions of section 27(2) an accused shall have to rebut presumption about the allegation and expl..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... 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 ...... or any other officer subordinate to the Government." 16. Keeping in mind the settled propositions of law outlining the principles for quashing a proceeding and the relevant provisions of law of the Anti-Corruption Act, 1957, we have gone through the FIR, charge-sheet and o..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
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