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JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480.   ......rticular play a pivotal role in this regard.           (emphasis supplied) 5. In this context we think it relevant to quote a line from the decision of the ASF Rahman Vs. Bangladesh Bank 20 BID (AD) 32=52 DLR (AD) 61. In para 11 of the said..

Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11

Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)

....d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211.         ......red by con­sent of parties and, as such, the principle of estop­pel, waiver & acquiescence will not apply against him in the present case. In support of his con­tention he refers to a decision of our Appex Court in Registrar, Supreme Court of Bangladesh Vs. Md Sufi Uddin reported in ..

Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4

Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)

....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. ...... 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 refer the decision of Full Bench of the High Court Division (Comilla) in the case of Nurul Huda Vs. Baharudd..

Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8

Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)

....ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......o be settled once for all. The dispute over the control, management and leasing out of Maowa Ferry Ghat, now declared as river port can only be resolved finally and completely by way of a poli­cy decision at the highest level of the government and the said dispute is not at all justifiable in ex..

Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3

Maku Rabi Das Vs. State, 2013, 42 CLC (AD)

.... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ......estigating officer and other prosecution witnesses. 19. Considering these  facts  and  circum­stances attending the occurrence we find no scope to interfere with the concurrent decisions of the High Court Division as well as the decision of the trial court because such an omi..

Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16

Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)

....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   ......hy;sion, which can be ignored by the prosecution taking the matter in his own manner in order to regulate the proceeding of the Court. In support of his contention the learned advocate has referred a decision of a case Anti-Corruption Commission Vs. Sheikh Hasina Wazed reported in 60 DLR (AD) 172 wh..

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     ...... submits that the learned first revisional Court in passing the impugned judgment and order committed no illegality or irregularity or non-consideration of material facts resulting in an error in the decision occasioning failure of justice by which it can be held that the impugned judg­ment and ..

Category: Property Law | Date: 6 Mar, 2013 | Hits: 3

Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)

....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. ......of legitimate expectation has to satisfy that he relied on the representa­tion of the authority and the denial of that expectation would work to his detriment. The court can interfere only if the decision taken by the authority is found to be arbitrary, unreasonable or in gross abuse of power or..

Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17

Sayeda Kamrun Jahan Chowdhury Vs. Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittegong and others, 2013, 42 CLC (HCD)

....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   ......ule but it will not confer any title upon auc­tion purchaser and the property of the judgment-debtor was not in fact sold in auction. In support of the argument the learned Advocate referred to a decision of Rokeya Begum Vs. Md. Nurul Absar reported in 9 MLR (AD) 285 = 9 BLC (AD) 169. 5. Mr..

Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3

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: ...... floated international Tender for such purchase. CSTC, China bid for the supply of F22B Frigate and its bid was the lowest in the tender floated in 1995- 1996, but without showing any justification a decision was made to purchase Frigate from Daewoo Corporation of South Korea. The decision was taken..

Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82

Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corpora­tion and others, 2013, 42 CLC (AD)

....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. ......rchase those shares of respondent No.1. According to Clause 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..

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.   ......Advocates further submits that during disposal of the appeal there has been glaring misreading and non-reading of the evidence and non-consideration of the material facts resulting in an error in the decision occasioning failure of justice. The learned Advocates also submits that the findings on pos..

Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8

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: ......ms Valuation Rules, 2000 considering the documents of the petitioner and to return the bank guarantee, if the amount was due after such final assessment. 6. Mr. Sikder also refers to an unreported decision of the Appellate Division passed analogously in Civil Petitions for Leave to Appeal No.993-..

Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59

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 ......minary enquiries became satisfied that the petitioner was in possession of pecuniary resources or properties which were disproportionate to his known source of income. Thereafter, on the basis of the decision of the Government, the Bureau of Anti-Corruption issued a notice being Memo No.২৩৩/à§..

Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8

Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)

....case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108.   ......me specific grounds, one of which must be available to invoke the extraordinary power of the High Court Division under section 561A of the Code of Criminal Procedure. 11. The relevant portion of decision may be quoted below: "In the case of Abdul Quader Chowdhury Vs. the State reporte..

Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3

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.   ...... placing the impugned order and other materials on record submits that the learned Special Judge misread and misconstrued the judgment passed by the Appellate Division and erroneously came to a wrong decision without appreciating the pertinent fact that in the said case the applicability of section&..

Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11

Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)

....ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339.  ......that he did not make any attempt for construction of the Mondir in the suit land and that there was no proper committee for management of the debutter property. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of law and fact do..

Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14

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: ......bitrary and motivated and the Management has not yet responded thereto, we think it would be just and proper if the Management of Crescent Jute Mills Ltd. considers the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain..

Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101

Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013

....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 ...... whether right to travel or right to passport is a part of freedom of movement. In order to get the answer of this question we can referrer the citation of Kent Vs. Dulles, (1958) 2 L Ed 1204. By the decision of the Supreme Court of America for the first time had defined the scope of passport. There..

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 ...... discharged at the time of charge hearing and before the stage of hearing charge, initiation of the criminal proceeding by taking cognizance should not be interfered with. He relied on the cited case decision of 13 MLR (AD) 157. 10. We have gone through the aforesaid case decision and it appear..

Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4