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Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......review our earlier opinions if the circumstances require such reconsideration, that is to say, such previous decision appears to be obviously erroneous or is contrary to law or is against public interest. In the majority opinion it has not been said that the previous decisions are not sound or ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......tition is essentially meant to protect basic human rights of the disadvantaged citizens and the High Court Division should guard that the filing of such petition does not convert into a "publicity interest litigation" or "private interest litigation". In this type of petition, a jurisprudence ha..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ......f document, have been proved according to the last section, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of contradicting, varying, adding to, or subtracting from, its terms."..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
....oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......mpanies Act, 1994; section 233, Sub Section(3)(a)(b)(c), Article 14, 16 The jurisdiction being regulatory and preventive in nature under section 233 of the Act is to be exercised to protect interest of the minority shareholders from being prejudiced by the majority shareholders as well as ..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......d in the contract itself is a good ground to decline to exercise its extraordinary jurisdiction under Article 226; and (c) if the instrumentality of the State acts contrary to the public good, public interest, unfairly, unjustly, unreasonably discriminatory and violative of Article 14 of Constitutio..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ...... Procedure, 1898 (Act No. V of 1898); section 561A The inherent powers of the High Court Division is neither alternative nor additional in its correct sense and is to be rarely invoked only in the interest of justice so as to seek redress of grievances for which no other procedure is available. S..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ...... three organs of the State, namely- the Executive, Legislature and the Judiciary, each of which operates in its own domain free from dictation and encroachment from the others. It is in utmost public interest and for the preservation of the democratic process and the Rule of Law that these provision..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
....lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
......d provision of law. In the said police report it has been stated, inter alia, that the Divisional Commissioner had given sanction under rule 19(U)(1) and (5) of the Emergency Rules considering public interest. However, since due sanction as required under section 32 of the Anti-Corruption Ain, 2004 ..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......61; that the registration authority was very much empowered to suspend the executive committee of the samity and to form an ad-hoc committee under that provision of law and that for the "greater interest of the organization and the beneficiaries, the registration authority rightly suspended the..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......Kumar Saha defaulted to repay the loan, the Bank filed Artha Rin Suit No.147 of 1993 in the Court of Subordinate Judge and Artha Rin Adalat, Sirajgonj against him for recovery of the loan amount with interest. The suit was decreed ex-parte for an amount of taka 2, 57,230.00 by the judgment and decre..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......e port in respect of loading/unloading of cargo has been increased which, in effect is causing huge financial boost in our national economy and since the said system has been introduced for public interest as such, it cannot be overridden for any loss or injury being sustained by any person. He ..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...... circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public or State and Similar other considerations. It has also to be kept in mind tha..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
....al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
......y became abandoned making of gift by Khawaja Md. Zarrar did not change the nature and character of the property as abandoned. Writ petitioner No.1 by his purchase did not acquire any right, title and interest in the case property and because of the said purchase by writ petitioner No.1 the character..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ......ion arises when an administrative body by reason of a representation or by past practice or conduct aroused an expectation which it would be within its powers to fulfill unless some overriding public interest comes in the way. Equity has always , True to Form, Stepped in to Mitigate the Rigours..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
....ment of the High Court Division is accordingly modified and the appeal is disposed of in the light of the above observations. No costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 740.
......s despite that there was recommendation of the Ministry of Establishment. The authority adopted pick and chose device by resorting to absorbing some employees which is prejudicial to the legitimate interest of the writ petitioners.
3. Appellants contested the writ petition denying material alle..
Category: Employment/Service Law | Date: 18 Jun, 2012 | Hits: 130
....
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
......d to appreciate this legal position and as
such has arrived at a wrong decision which is liable to be interfered by this
Division. The learned advocate has argued also that for the greater public interest
the lease granted in favour of the predecessor of the writ petitioners was
cancelled an..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
....ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ......otice being No.ACPA/15/P-32735/98/74 dated 23.03.1998 (annexure-B) to show cause as to why disciplinary proceeding should not be taken against him for causing huge financial loss to Biman in his self-interest and also for his financial gain by overwriting and tampering 3 (three) indents whereby ..Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ...... The Commissioner of Appeal by his appeal order dated 27-3-2001 allowed the appeal in part. However, he did not interfere with assessment order regarding the disallowance of Taka 2, 69,31,994 paid as interest to Grameen Kalyan for the loans taken from it and also regarding disallowance of Taka 3,00,..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ...... her late thirties (emphasis supplied). They appeared not to know what was happening. There appears to have been a mistake [v (that) it appears that there has been a mistake. It appears unlikely that interest rates will fall further. It would appear that this was a major problem.]" It is also t..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
.... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
......on of the price by a manufacture of its goods no rules or decision of the VAT authority can impose any such flat or minimum value for such goods in the country, adversely affecting the interest of such manufacturer". Accordingly, Mr. Hannan argues that the respondents No.1, ..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
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