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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. ......tained the said Bank Account No. 158052, Maxi-Save Account No. 0-158052-038 and City Access Account No. 0-158052-016. Besides, the accused Giasuddin-al-Mamun depositing US$ 79,542.78 by the City Bank International Gold Visa Card No. 4568-8170-0006-4124 and the accused Tarique Rahman depositing US$ 5......kshmi Narayan Ram, AIR 1965 (SC); Directorate of Enforcement Vs. Dipok Mahajon, (1994), 3(SCC) 440; State (Union of India) Vs. Ram Saran,(2003) 12 SCC 578; CP No. 10 of 2001, CRP No. 32 of 2011. Lawyers Involved: Moudud Ahmed, Senior Advocate with AM Mahbub Uddin, Advocate and AKM Ehsanur ..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. ......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. ......…………………..Petitioner Vs. Shree Shree Shashan Kalimata Idol and others……..Respondents Judgment January 17, 2013. Result: The appeal is dismissed. Lawyers Involved: S. N. Goswami, Advocate, instructed by Mr. Syed Mahbubur Rahman, Advocate-on..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: ......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: ......dek Ali……………………….....Petitioner Vs. Government of Bangladesh and others…...Respondents Judgment January 13, 2013. Result: The Rule is disposed of. Lawyers Involved: Yousuf Hossain Humayun, Advocate-For the petitioner. Tufailur Rahman, Advo..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 ......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 ......C 229; Kent Vs. Dulles, (1958) 2 L Ed 1204; RA Williams Vs. Edgar Fears & Anr 45 LEd 186; Leonard B Boundin Vs. John Foster Dulles, 136; Herbert Aptheker Vs. Secretary of State, 12 L Ed 992. Lawyers Involved: AM Mahbub Uddin with Nazmul Huda, Advocates— For the Petitioner. A..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 ......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 ......t January 10, 2013. Result: The Rule is made absolute. Cases Referred to- Khizir Haider Vs. State, 73 MLR (AD) 157;13 MLR (AD) 157; Abdul Hague Vs. State, 60 DLR (AD) 1. Lawyers Involved: Khizir Haider Vs. State, 13 MLR (AD) 157; Abdul Haque Vs. State, 60 DLR (AD) ..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....visions of any law, as well as it has to be ensured that the interest of the 3rd parties, ordinary share-holders or national economy is not being prejudiced, in addition to satisfying the three basic principles that guide the discretion in the matter of granting injunction. 11. The trial court ......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. .................Petitioner Vs. National Tea Company Ltd and others..............Respondents Judgment January 9, 2013. Result: The petition is allowed with the direction. Lawyers Involved: Kamal-ul-Aiam, Senior Advocate for Mohammad Hossain, Advocate-For the Petitio..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.....C. requires the trial Court to examine the accused for the purpose of enabling him to explain any circumstance appearing in the evidence against him. The substance of this examination is that the principles of natural justice should not be violated before convicting an accused of a charge. Ther...... 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. ......……..(16) Cases Referred to- Shivagi Vs. State of Maharashtra, AIR 1973 SC 2622; S. Harmon Singh Vs. State, AIR 1976 SC 2140; A. Gafur Vs. Gugesh Chandra Ray, 43 DLR (AD) 62. Lawyers Involved: Abdur Razzaque Khan, Senior Advocate (with S.M. Shahjahan, Advocate), instru..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 ...... 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 ......ment January 7, 2013. Result: The Rule may be made absolute. Cases Referred to- Aminur Rahman (Md) Vs.State 8 BLC 518; Khondaker Mahtabuddin Ahmed Vs.State, 49 DLR (AD). Lawyers Involved: Md. Hasan Arif, with Farid Ahmed—For the Petitioner Dr. AKM All wi..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)
....here the learned Judges of the High Court Division have been disposing of revision applications summarily giving full relief to the petitioner without issuing any Rule completely ignoring the said principles of law declared by this Division. It seems that the concerned learned Judges are not awa......09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ......abbar Jute Mills Vs. Abul Kashem; 10 MLR(AD) 301; Sukumar Sen Vs. Gouranga, 1989 BLD (AD) 162; Karnaphuli Cotton Mills Vs. UCBL, 49 DLR (AD) 130; Md. Hossain Vs. Dildar Begum, 9 MLR (AD) 361. Lawyers Involved: Mahmudul Islam, Senior Advocate, with Md. Asaduzzaman, Advocate, instructed ..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)
....rned Special Judge to proceed with the case in accordance with law. The petition is disposed of with the above observations. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 97. ......rned Special Judge to proceed with the case in accordance with law. The petition is disposed of with the above observations. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 97. ......ations. The Anti-Corruption Commission Act, 2004 (Act No. V of 2004); section 32 Relationship between parent law with subordinated legislation When there is conflict between the parent Law and this Rule, the Law will prevail over the Rules. Rules made under a statute must be treated f..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)
....lso in case of Commissioner of Taxes (Appeal) when adjudicating any two or more appeal arising out of the assessment order passed by the assessing officer in the lower tier. 24. This long standing principle has been violated in the instant case and the Taxes Appellate Tribunal while decided some ...... The connected Rule being No.30 (Ref:) /2011 is disposed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ......r in the lower tier.................(23) Cases Referred to- Mark Builder Limited Vs. Commissioner of Taxes, 53 DLR, 463; Titas Gas (T&D) Limited Vs. The Commissioner of Taxes 53 DLR 209. Lawyers Involved: Tanjib-ul-Alam, Advocate With Ms. Tarana Afroze, Adocate-For the Assessee-appli..Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ......shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ...... A.K. Azad.....................Petitioner Vs. Kaptex Limited and others ............Respondents Judgment December 12, 2012. Result: The petition is disposed of. Lawyers Involved: Mainul Hosein, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......wsher Ali Vs. State, 39 DLR 57; Abdul Bashir Vs. State, 56 DLR (AD) 207; Giasuddin Vs. State, 54 DLR (AD) 146; Ananta Kumar Karan Vs. State AIR 1962 Calcutta 428;State Vs. Tasiruddin 13 DLR 203. Lawyers Involved: Helaluddin Mollah, Advocate—For the Petitioner. Md. Shahrawardi, D..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....f family planning officers appointed after 1985. 51. Now let us look into Bangladesh Civil Service Seniority Rules, 1983 (shortly BCS Seniority Rules, 1983). Rule 3 of Seniority Rules deals with principles of seniority inter se of the members of a service cadre. Relevant provisions of Rules, 19...... 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. ......DLR (AD) 290; Mahbubur Rahman Sikder Vs. Mojibur Rahman, 35 DLR (AD) 203; Catmur Vs. Knatchbull; Lindley in O'Shea Vs. O'Shea and Parnell; Md. Abdul Halim Vs. Dr Md. Tareque, 63 DLR 465. Lawyers Involved: Md. Salahuddin Dolon with Md. Omar Farouq, Md. Gias Uddin and Ainun Naher, Ad..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....arding allotment of plot. Therefore, it is not such a case that if the allegations as made out by the prosecution is the FIR are taken to be true, do not constitute any offence under the law. So, the principle of quashing a criminal proceeding is not available in this instant case. 8. It is tru......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ......rocedure can not be utilised to quash an investigation work of the police........(12) Cases Referred to- Abdul Huque Vs. State, 60 DLR (AD) 1; Bangladesh Vs. AT Mridha, 26 DLR (SC) 17. Lawyers Involved: Jahirul Islam Mukul and Md. Harun-or-Rashid, Advocates—For the Petition..Category: Criminal Law | Date: 3 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. ...... 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. ......iew a judgment or order passed by the Appellate Division in a criminal proceeding error apparent on the face of the record has to be shown.…………………………………………(8) Lawyers Involved: Abdul Basel Majmumdar, Senior Advocate, instructed by Md. Wahidullah, Ad..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. ...... 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. ......etition Nos.16-19 of 2012) Vs. The State and another…………...Respondents Judgment December 3, 2012. Result: Leave Petition Nos.16-19 of 2012 are disposed of. Lawyers Involved: Abdul Baset Majmumdar, Senior Advocate, instructed by Mvi. Md. Wahidullah, Ad..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ......it is clear that he refrained himself to perform his judicial task under so called pressure and he failed to over come the said situation as a Judge……………..(11) Lawyers Involved: Salina Akter, Advocate—For the Petitioner. MH Sarder, Deputy Assis..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....e material statements made in the plaint. His case, in short, is that the suit is false, baseless, imaginary, malafide, collusive, without cause of action, not maintainable. The suit is barred by the principles of estoppels, waiver and acquiescence. It is also hit by misjoinder and non-joinder of pa......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ...... same is cancelled by an appropriate civil Court.…………………(11) Case Referred to- Sultanuddin Chowdhury Vs. Government of the People's Republic of Bangladesh, 32 DLR 252. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Bimsh Chandra Biswas, Advocate-..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35