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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. ...... the prosecution case. 13. Now it may be seen whether those allegations attract the criminal offences under sections 26(1) and 27(1) of the Anti Corruption Commission Act, 2004. Those penal provisions may profitably be quoted below: “২৬। সহায় সম্পত্ত..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....rial will be held following the Provision of section 9 of the said Ain of 2009 and as such the submissions made by the learned Advocate for the petitioner that sanction of the Government is mandatory in the instant case is not tenable and misconceived. 46. Mr. Anisul Haque, the learne......ti-Corruption Commission Act, 2004 and Criminal Law Amendment Act, 1958. 59. Appellate Division also held (in CRP No. 32 of 2011) that; “.........and that in case of conflict with the provisions of the Ain 2002, the provision of the Anti-Corruption Commission Act, 2004 and the Crimin..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
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 ......ing to inclination is an attribute of personal liberty, and the right ordinarily, of free transit from or through the territory of any State is a right secured by the 14th Amendment and by other provisions of the Constitution". 21. In Leonard B Boundin Vs. John Foster Dulles, 136 Fede..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
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. ......rs from the record that the respondent-company is a public company limited by shares and listed with the stock exchanges. It is under a statutory duty to hold its AGM within the time specified by the provisions of subsection (2) of section 81 as well as 1/3rd of the directors of the company are liab..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ......section 537 Cr.P.C. provides that by reason of error or omission in the charge the conviction shall not be reversed and altered, this being a general provision, this section does not supersede the provisions relating to the contents of a charge contained in sections 221, 222, and 223 of the Code..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
.... all necessary. 17. 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) 230 ......al deception may be a subject matter to ascertain at the time of holding trial on the basis of evidence on record and a criminal proceeding on account of cheating may well be maintainable even if the provisions of the Negotiable instruments Act are not applicable. There is settled decision of t..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)
....লের অনুমোদন (sanction) জ্ঞাপন করা হইল”। Section 32 of the Anti-Corruption Commission Act prescribes for the sanction of the Commission which is a mandatory requirement of law for taking cognizance of offences punishable under the Act and the......hey shall for all purposes of construction or obligation or otherwise, be treated exactly as if they were in the Act. In other words, if validity made the Rules are to be given the effect as the provisions of the Act……………..(8) The question of validity of ..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
....sp; Mr. Harun-ar-Rashid, the learned Counsel for the petitioner after placing the petition and the relevant Annexures appended to it mainly submits that VAT authority having failed to comply with the mandatory provision of section 26 of the VAT Act 1991 (hereinafter referred to as Act), the responde......ppellate Tribunal & others.............Respondents Judgment December 10, 2012. Result: The Rule is discharged. Section 26 of the VAT Act contemplates a situation and made provisions for combating the same. Of course the provision should be followed meticulously in its tr..Category: Fiscal/Taxation Law | Date: 10 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. ...... the posts of all the eligible non-cadre officers to first class gazetted officers. Notification dated 11-9-1995 also provided that further entry in post of family planning officer must be subject to provisions of BCS (Family Planning) Cadre. Thereafter, in pursuant to notification dated 11-9-1..Category: Constitutional Law, Contempt of Court Law | Date: 5 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. ...... learned Counsel, appearing for the petitioners in Review Petition Nos.16-19 of 2012 have made their submissions with reference to the grounds taken in the respective review petition. 8. The provisions of review of judgment or order of this Division in a criminal proceeding have been provi..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. ......uq, learned Counsel, appearing for the petitioners in Review Petition Nos.16-19 of 2012 have made their submissions with reference to the grounds taken in the respective review petition. 5. The provisions of review of judgment or order of this Division in a criminal proceeding have been provid..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ......l to the Government, within thirty days from the date of such order, and the decision of the Government shall be final and shall not be called in question in any Court.” 10. Under the said provisions the registration authority is authorised to suspend the governing body but not dissolved ..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
.... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ......me infructuous. 8. In the result, both the Rules are disposed of. The respondents would be at liberty to encash the Bank Guarantee after the decision of the Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. ..Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2
Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)
....defend the suit (by filing written statement, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179 ......of Civil Procedure and summary procedure has been laid down in Order XXXVII for expeditious disposal of the suits upon bill of exchange and promissory notes etc. These are specific suits and specific provisions have been made under Order XXXVII for hearing and disposal of this class of suits. On the..Category: Administrative Law | Date: 28 Nov, 2012 | Hits: 5
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....overnment or person making that promise. The Supreme Court of India in Union Territory, Chandigarh Admn Vs. Managing Society Goswami, DGSCE reported in AIR 1996 SC 1759 held that a contract under the mandatory provisions of law can only be read and enforced in terms of the law and in no other w......rs as teachers without pay and if yes, then, what was that, (2) what is the basis for rendering service without pay for such a long time by the honorary teachers. (3) under what provisions of law the proposal for the appointment of the honorary teachers in the newly create..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......n and a Division Bench of the High Court Division by a judgment and order dated 31-8-2001 held that the provision of regulation 50(2) of the Regulations, 1992 was ultra vires the Constitution and the provisions of the Services (Re-organization and Conditions) Act, 1990; the writ-respondents were dir..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
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. ...... was cancelled. The immoral activities of the respondent No.1 on 03.06.1997, 17.05.1998 and 07.06.1998 clearly show that the respondent No.1 committed gross professional misconduct which attracts the provisions of the Bangladesh Legal Practitioners and Bar Council Order and Rules, 1972 and the Canon..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....ous reasons. 23. According to him the same should not be allowed to proceed. According to him provisions scripted in Rule 7 of the Anti Corruption Rules (ACC Rules) are not merely directory, they are mandatory, and hence, since the investigation process could not be concluded within the period stipu......m the learned senior Counsel proffered that the impugned proceeding is liable to the quashed for multifarious reasons. 23. According to him the same should not be allowed to proceed. According to him provisions scripted in Rule 7 of the Anti Corruption Rules (ACC Rules) are not merely directory, the..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....Whether the sanction granted by the Anti-Corruption Commission can be treated as the sanction of the Government. 2. The proviso of section 188 of the Code of Criminal Procedure made it mandatory to obtain sanction of the Government before inquiry of a case in which the offence alleged......ring the operation of the Ain of 2002, the punishment for the said offence as provided under Chapter IV of the said Ain be applicable. Therefore, there is no bar to hold trial of the petitioner under provisions of the Anti-Corruption Commission Act, 2004 for the commission of the offence alleged to ..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ...... the right of the other side to cross-examine a witness that fact cannot be decided by the High Court Division in exercising the power of judicial review. But there is no bar in taking the aid of the provisions of the Evidence Act if the Court feels it necessary to consider a fact involved in the wr..Category: Others | Date: 22 Nov, 2012 | Hits: 20