Search Options
Judgment Advanced Search
Displaying 241-260 of 6668 results.
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....h; On an application under section 561A of the of the Code of Criminal Procedure, this Rule was issued calling upon the complainant-opposite-party, to show cause as to why the judgment and order dated 23-2-2010 passed by the learned Sessions Judge, Nilphamari in Criminal Revision No. 21 of 2010......asis 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 the apex Court in this respect. But when the original CR Case had already been disposed ..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
.... Aktar Imam, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.2407 of 2012. (From the judgment and order dated the 13th day of August, 2012 passed by the High Court Division in Civil Order No.2556 of 2012......side(s). This Division in unequivocal language held that though section 115 of the Code does not speak about service of notice on the opposite party, the revisional Court cannot interfere with the decision of the Court below without giving to the other side(s) an opportunity of being heard. It h..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)
.... in ITA No. 1800 of 2010-2011. 7. Being aggrieved with and highly dissatisfied by both the orders passed by the Taxes Appellate Tribunal in ITA No.1800 of 2010-2011 and in ITA No.3445 of 2010-2011 dated 27.4.2011, the Assesse-applicant preferred the instant two Income Tax Reference Applications, ......le being No.30 (Ref:) /2011 is disposed of. When two appeals are filed against the same judgment the ends of justice requires that both the appeals are heard together in order to avoid conflicting decision. The Taxes Appellate Tribunal not even a quasi judicial authority, is a pure judicial autho..Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
..... 1188 of 2004. Judgment Md. Ashfaqul Islam J. - At the instance of the petitioner, M/s TLRA Limited, this Rule Nisi was issue calling upon the respondents to show cause as to why the order dated 8-12-2003 passed by the respondent No. 1 in Nothi No. CEVT/Case (VAT)-Dhaka-23/2003 (Annexure-......e the Respondent No.1 Tribunal which was dismissed oh 8-12-2003 affirming the order of respondent No.2 (Annexure-H). It is at this stage the petitioner mainly on the ground of coram non judice of the decision passed by the respondent No.2 (Annexure-F) being violative of section 26 of the VAT Act mov..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e petitioenr, Md. Muzibul Haque, the Managing Director of Gopalpur Poultry & Fishery Complex Ltd. this Nisi was issued calling upon the respondents to show cause as to why the Auction Notice dated 31-3-2010 (Annexure-A) issued by the respondent No. 2 shall not be declared to have been made ......ry, Ministry of Finance Government of Bangladesh has been made a party in the instant petition as a cunning device only to attract Article 102 of the constitution. He placed reliance in an unreported decision of Haji MA Raz-zaque Vs. Bangladesh Bank passed in Writ Petition No. 9231 of 2010 to suppor..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
.... Helaluddin Mollah, Advocate—For the Petitioner. Md. Shahrawardi, Deputy Attorney-General—For the Respondent. Jail Petition No.17 of 2010. (From the judgment and order dated 3rd December, 2007 passed by the High Court Division in Death Reference No.27 of 2003 with Cri...... confirmed by the High Court Division, the learned Advocate appearing on behalf of the petitioner begs mercy of this Court and prays for commutation of the sentence of death. 16. In reaching its decision, the High Court Division relied upon a number of decisions of this Division as well as the ..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....y Md. Amanullah and others, this Rule Nisi was issued calling upon the respondent-contemnors to show cause as to why they should not be punished for violating and disregards to the judgment and order dated 8-12-2009 passed in Writ Petition No. 3968 of 2002. 2. Md. Shahjahan and Mohammad Shafiqu......ce but if the government decides to cadre them in the cadre, their seniority is to be fixed by following BCS Seniority Rules, 1983. The government i.e. the contemnors have to be given a specific decision in respect of fixing seniority of the non-cadre family planning officers appointed aft..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
....by Md. Nawab Ali, Advocate-on-Record-For the Respondents (In Civil Petition No.1041 of 2009).
Civil Petition for Leave to Appeal No.928 of with No.1041 of 2009.
(From the judgment and order dated the 19th day of February, 2009 passed by the High Court Division in First Appeal (FA) No.42 of......s fixed in between the said dates the defendants appeared; 'the suit was finally decreed on 12-5-2004 as stated earlier.
12. In view of the above, we do not find any illegality with the ultimate decision of the High Court Division in sending the suit back on remand to the trial Court for fresh ..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....Unless cognizance is taken, the FIR named suspected persons are not accused before the court in the eye of law. Non-existent case can not be quashed When no criminal case exists before the date of taking congnizance, the question of quashing such a non-existent criminal case by invoking s......ssued the allotment letter and executed lease agreement. That the accused-petitioner changed the resolution of the Meeting dated 10-8-2000 taken by the Housing Allotment Committee and manipulated the decision of the Committee by inserting the decision of allotting the plot to Moklesur Rahman. Two me..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
....nder Section 526 of the Code of Criminal Procedure was issued calling upon the opposite-party to show cause as to why the Sessions Case No.414 of 2005 arising out of Tejgaon Police Station Case No.41 dated 11-11-2002 under Sections 395/397 of the Penal Code, now pending in the Court of Special Sessi...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....ngir, Advocate-on-Record—For the Respondent No. 1. Not Represented—Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.1816 of 2010. (From the Judgment and order dated 13-11-2008 passed by the High Court Division in Writ Petition No.6488 of 2008). Judgment ......ding or non-reading of the material evidence by the appellate Court occasioning failure of justice and, as such, affirmed the judgment of the appellate Court. 14. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of laws and facts d..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e's Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned Memo No.বাজাবস/নথি-১/২০১২/কানিপানি/১৫/১২ dated 16-5-2012 (Annexure-I) issued by the respondent No.3 should not be declared to have been passe...... (4) The governing body against whom an order of dissolution and reconstitution is made under sub-section (3) may appeal 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.” ..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
....in specified time limit. 5. In both the rules petitioners were directed to file a Review Application under Rule 23 of the Pre-Shipment Inspection Rules, 2002 within 21 working days from the date of release of the goods. 6. The law is very much clear on the point in respect of Rule 23 ......lready been decided for which both the Rules have become 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 s..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 ......es Mr. Foyej Ahmed along with Mr. Mohammad Mohid Uddin, appearing for the plaintiff, on the other hand, submits that the case reported in 2005 BCR 133 is liable to be distinguished in as much as that decision was passed under Writ Jurisdiction and the observation referred to by the learned Advocate ..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)
....;For the Appellant. SM Rezaul Karim, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondents. Civil Appeal No.12 of 2010 (From the judgment and order dated 3-11-2008 passed by the High Court Division in Writ Petition No.2919 of 2006) Judgment ...... the University of Dhaka approved the said recommendations in its meeting dated 3-6-2000 and extended the registration of the College subject to the fulfillment of the said 13 conditions. 6. The decision of the University Syndicate was communicated by the Inspector of Colleges, University of Dh..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....wdhury, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondents. (In both cases). Civil Appeal Nos.327 with 326 of 2008. (From the judgment and order dated the 6th day of June, 2007 passed by the High Court Division in Writ Petition Nos.1497 and 459 ......o make his submission in the light of the leave granting order. 13. During the hearing of the appeals on behalf of the respondent in both appeals, an additional paper book was filed annexing the decision of the Board of Governors of the BPATC in its 57th meeting. Mr. Abdur Rab Chowdury, learned..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....Respondent. Ex-Parties- For the Respondent No.2. Civil Appeal No. 323 of 2008. Judgment Md. Muzammel Hossain CJ. - This appeal by leave is directed against the judgment and order dated 20.03.2006 passed by a Division Bench of the High Court Division in First Miscellaneous Appeal......nother…......Respondents Judgment November 28, 2012. Result: The appeal is allowed. Words and Phrases Review By preferring a review, an erroneous decision can not be re-heard and corrected. A review lies where an error apparent on the face of the..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....djudication, issued on 17.10.2012 was in following terms: “Let a Rule be issued calling upon the opposite party to show cause as to why the proceedings of Ramna Police Station Case No. 22 dated 10.07.2008 corresponding to G. R. No. 359/2008 under section 26(2) and 27(1) of the Anti Corru......ible trial would revolve, fall or stand, it is a well settled principle of criminal Jurisprudence that no trial should be allowed to proceed if the FIR itself declares no crime. 45. Following a decision by the Privy Council in the case of Khawja Nazir Ahmed Vs. Emperor 1945 DLR, PC 18, there h..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....thorough scrutiny of the relevant laws is needed for which I am inclined to issue Rule. 4.Hence, Let a Rule be issued calling upon the opposite-parties to show cause as to why the impugned order dated 18-10-2012 passed by the learned Special Judge, Court No. 3, Dhaka, in Special Case No. 17 of ......gladesh whereas section 6 of the Criminal Law Amendment Act remains silent as to such sanction of the Government. 3. In the aforesaid backdrop of the case and to arrive at a conclusive decision with regard to the questions mentioned above, I am of the opinion that a thorough scrutiny ..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....i Md. Wahidullah, Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Criminal Petition for Leave to Appeal No. 88 of 2010. (From the judgment and order dated the 11th day of October, 2009 passed by the High Court Division in Criminal Miscellaneous No.......m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
96468609837091119395884596308517881190088476939696399402885787258580836789508673