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Bureau Veritas (BIVAC) Bangladesh Ltd. Vs. Customs Excise and Vat Appellate Tribunal, Dhaka and others, 2013, 42 CLC (HCD)

.... passed by the Customs, Excise and VAT Appellate Tribunal, Dhaka in an appeal being No. CEVT/Case/(Cus)-416/2003 dismissing the same and thereby affirming order No. 252 dated 01.04.2003 passed by the Commissioner of Customs, Chittagong. 2. Facts giving rise to the appeal, in brief, are that the...... MA Azim Khair with Md. Iqbal Hossain, Advocates-For the Appellant. Goutam Kumar Roy, Deputy Attorney General with Protikar Chakma, Assistant Attorney General-For the respondent. Customs Appeal No.87 of 2008 Judgment Md. Ruhul Quddus J. - This appeal under section 196D of..

Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186

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. ...... I Bhuiyan, Advocate-on-Record-For the appellants. Momtaz Uddin Fakir, Additional Attorney General Instructed by B. Hossain, Advocate-on-record- For the State, respondent No.2. Criminal Appeal No.04 of 2002. (From the judgment and order dated 26.10.1999 passed by the high court d..

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

Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)

.... of the accused and the Special Judge had no jurisdiction to take cognizance of the case and, as such, the trial was accordingly ab initio, invalid and liable to be quashed. But, eventually the Chief Commissioner of Bhopal passed an order for prosecution of the Tripathi. Thus he moved the writ petit......e of Bhopal; he was prosecuted before a Court of Special Judge, Bhopal and convicted of offences under section 161 of the Indian Penal Code and section 5 of the Prevention of Corruption Act, 1947. On Appeal to the Judicial Commission of Bhopal the conviction and sentence of Tripathi was set-aside. T..

Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4

ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)

....te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ..

Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4

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. ......: The appeal is dismissed. Lawyers Involved: Md. Helal Uddin Mollah, Advocate-For the Petitioner. Momtaz Uddin Fakir, Additional-Attorney-General-For the Respondent. Jail Appeal No.3 of 2007. (From the judgment and order dated 21st November, 2005 passed by the High..

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

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

....004 read with Rule 15 of the Anti-Corruption Rule, 2007. 14. Moreover, the learned Advocate appear­ing on behalf of the accused-petitioner has also tried to impress us that the sanction by a Commissioner on behalf of the Anti-Corruption Commission is no sanction in the eye of law as contemp......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   ..

Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4

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

....ervice in Urban Areas Project" for December, 2008. Accordingly, DCC paid Taka 12 lacs for distribution amongst 300 employees on 29th September, 2008. Lastly, at its fourteenth General Meeting of Commissioners, DCC decided to send a request letter for transfer­ring the said project in the re......ucted by Md. Zahirul Islam, Advocate-on-Record—For the Appellant. Abdul Matin Khasru, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondents. Civil Appeal No.101 of 2010. (From the judgment and order dated 23rd day of July, 2009 passed by the ..

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

State Vs. Romana Begum alias Noma, 2013, 42 CLC AD

....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......bsp;                         Ex-parte—For Respondent. Criminal Appeal No.32 of 2002.             &..

Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5

Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)

.... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... The petition is dismissed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record-For the Petitioner Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1030 of 2009  (From the judgment and order dated 13th January, 2009 passed by the ..

Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115

Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)

....e No.81 of 2002, now pending in the court of Divisional Special Judge, Dhaka, should not be quashed. 5. In Criminal Miscellaneous Case No.3987 of 2004 the Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the proceedings in Special Case No.56 of 2003 (formerly ......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: ..

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

Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)

....ismissed. The appeal is dismissed with the above mod­ification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......Appellant. Mahmudul Islam, Senior Advocate (with Lutfur Rahman Mondal and Sheikh Mohammad Morshed, Advocates) instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Appeal No. 53 of 2011. (From the judgment and order dated 3-8-2010 passed by the High Court Div..

Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42

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. ......Md. Wahidullah, Advocate-on-Record—For the Petitioner. MA Samad, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.550 of 2010. (From the judgment and order dated 18-8-2009 passed by the High Court Di..

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.   ......laintiff-respondent-petitioners calling upon the Opposite-Party to show cause as to why the judgment and decree dated 3-11-2010 passed by the learned Joint District Judge, 3rd Court, Barisal in Title Appeal No.114 of 2009 allowing the appeal and setting-aside those dated 19-4-2009 passed by the lear..

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

AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)

.... authority of the concerned election raising the self same allegation of non declaration of his assets properly in the affidavit submitted with the nominatiqn. The said appeal was heard by the Deputy Commissioner as appel­late authority and after hearing the said appeal was rejected on 6-1-2011 ......ring for the respondent No. 3 has also referred to a unreported case arising out of self­same election of Cox's Bazar Sadar Pourashava, passed by the Apex Court in Civil Petition For Leave To Appeal No. 511 of 2011. He also placed reliance in the case of AFM. Shah Alam Vs. Mojibul Huq report..

Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3

Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)

....h Court Division (Special Original Jurisdiction) Present: Shamim Hasnain J Md. Ruhul Quddus J Mohammad Elias ..................................................Petitioner Vs. The Commissioner of Customs, Chittagong and others .............Respondents Judgment January 28, 2...... 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.993-95, 1017-32, 1044-48, 1067-90 and 1184-85 of 2008. In the said decision, the Appellate..

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 ...... 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.   ......reported in 61 DLR 647. 44. Mr. Mahbubey Alam, the learned Attorney General appearing for the State referring 2(two) judgments passed by the Appellate Division one in Civil Petition for Leave to Appeal No. 10 of 2011 and other in Civil Review Petition No. 32 of 2011 submits that the points as r..

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.  ......olved: S. N. Goswami, Advocate, instructed by Mr. Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not represented-the Respondents.   Civil Petition for Leave to Appeal No.927 of 2009. Judgment Syed Mahmud Hossain J. - This civil petition for leave t..

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

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. ......st by the trial court on 9-5-2012. Then referring to the affidavit-in-opposition the learned Advocate for the petitioner submits that the said plaintiff Bondhu Gopal Das has preferred a Miscellaneous Appeal No.41 of 2012 before the learned District Judge, Sylhet, against order dated 9-5-2012 but no ..

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.  ......tab Hossain, Advocate-on-Record-For the Appellants.  Momtazuddin Fakir, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Respondent.  Criminal Appeal No.24 of 2005. (From the judgment and order dated 11. 5.2003 passed by the High Court D..

Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10