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Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....2.2 of the tender schedule, the decision of the authority is to be taken within 30 days from the date of opening of the tender. But no decision was communicated to the writ-petitioner within the stipulated period according to the terms and conditions of the tender schedule, which expired on 15-......tender schedule, the decision of the authority is to be taken within 30 days from the date of opening of the tender. But no decision was communicated to the writ-petitioner within the stipulated period according to the terms and conditions of the tender schedule, which expired on 15-4-2004. Wha..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....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. ......or declaration of title. 3. The contrary case of the defendant in short thus, that the suit property went under water of the river Arial Kha in the year 1939 BS and it remained under water for a period of 70/75 years. As such due to the sikasti (diluvion) character of the property a note i..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
....of the commission is necessary under section 32 for lodging FIR......... (9) Rule 10 Anti-Corruption Commission Rules, 2007 Rule 10, which requires submission of police report within a stipulated period of 60 days is directory in nature......(9) Rule 17 Rule 17 of the Bidhim......ission is necessary under section 32 for lodging FIR......... (9) Rule 10 Anti-Corruption Commission Rules, 2007 Rule 10, which requires submission of police report within a stipulated period of 60 days is directory in nature......(9) Rule 17 Rule 17 of the Bidhimala, has al..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)
....final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......ance with the Customs Valuation Rules considering the documents/papers produced with the bills of entry and to return the bank guarantee if the amount becomes due after such final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4...Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... neither submitted any wealth statement nor did he pray for time for furnishing the wealth statement. Since the accused-petitioner did not furnish wealth statement within 45 days, that is, within the stipulated time mentioned in the notice given by the Bureau of Anti-Corruption, the accused-petition...... 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
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....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. ......sted by the Anti-Corruption Act of 2004Vis-a-vis the Criminal Law Amendment Act of 1958; ii) whether the Ordinance No. VII of 2007 and Ordinance No. VIII of 2007 made by the President during the period of the then Non-party care-taker Government in 2007 having not been approved by the parliamen..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......e Mills made a representation to the Management, which was not taken into consideration. 5. The petitioner successfully completed more than 24 years of his service in the Mills. During this long period, he did never face any departmental proceeding even any complaint. Because of his satisfactor..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....completed all official formalities in order to get MRP Passport and thereafter, respondents were given a "Delivery Slip" bearing reference No. 260100000327956 in which the delivery date was stipulated on 8-12-2011. Despite the date was fixed for delivery of MRP Passport on 15-2-2012, ......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....inst another accused 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: 65 DLR (HCD) (2013) 83 ......order passed as to this Court may seem fit and proper. 2. At the time issuance of the Rule, all further proceedings of the above mentioned case in respect of accused-petitioner were stayed for a period of 6(six) months which has been subsequently extended from time to time. 3. Relevan..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......e result the petition is allowed with the direction given above. The delay in holding the adjourned meeting to transact the agenda relating to the election of directors in the 33rd AGM and the entire period of delay in holding-the 34th AGM of respondent-company is, hereby, condoned and the company i..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....hy;rectly found that the charge under section 138 of the Negotiable Instruments Act cannot be framed as the required legal notice could not be issued and served and case could not be filed within the stipulated period of limitation. So the order of framing charge under section 138 of the Negotiable ......and /or pass such other order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule, all further proceedings of the above mentioned CR Case were stayed for a period of 3(three) months, which has been subsequently extended from time to time. 3. Relevant ..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ...... Vs. State.....................................................Respondent Judgment December 6, 2012. Result: The Jail Petition is dismissed. In general the length of period spent by a convict in the condemned cell is not necessarily a ground for commutation of ..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ......ion dated 8-12-2009 which is an act against the majesty, dignity and authority of the highest Court of the country amounting to contempt of Court. 8. Petitioners had been waiting for a long period for their promotion and after winning a long legal battle it was their expectation that they ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....posal of the case. 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) 278. ......on the High Court Division; and, as such, we are led to hold that the impugned proceeding (FIR case), not being a regular criminal proceeding in the eye of law, cannot be quashed during investigation period. 12. In the case of Bangladesh Vs. AT Mridha reported in 26 DLR (SC) 17, it has held tha..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
.... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ......ment and order passed by the Appellate Division is well reasoning (sic) and adequate so far it relates to the fine imposed upon the petitioner but still the sentence of simple imprisonment for a period of 1(one) year is rigorous and the maximum sentence under law. This is unjustified when ther..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
.... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ......e judgment and order passed by the Appellate Division is well reasoning(sic) and adequate so far it relates to the fine imposed upon the petitioner but still the sentence of simple imprisonment for a period of 1(one) year is rigorous and the maximum sentence under law. This is unjustified when there..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e members of the General Council from amongst the voters, However, one of the principal functions of the Executive Council is to prepare electoral roll 3 (three) months prior to election, as has been stipulated in article 9(7) of the Constitution. 5. Article 12, however, prescribes the pro......ন উহা নিষ্পত্তি করিবেন।” 6. Considering the above the Executive Council shall initiate process for election 3 (three) months prior to expiry of the period of the said Council. To that effect it shall pose request to the registration authority, for ..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ......ublic interest requires that the State be held bound by the promise held out by it in such a situation. But this does not preclude the State from withdrawing the benefit prospectively even during the period of the Scheme, if public interest so requires. Even in a case where a party has acted on the ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......rt Division in First Miscellaneous Appeal No.199 of 2005 dismissing the appeal with modification of sentence debarring the respondent No.1 from pursuing his legal profession permanently for life to a period of 5(five) years in any Court in Bangladesh. 2. The appellant as complainant instituted ..Category: Others | Date: 28 Nov, 2012 | Hits: 23