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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.  ......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)

....gh Court Division (Special Original Jurisdiction) Present: Shamim Hasnain J Md. Ruhul Quddus J Md. Sadek Ali……………………….....Petitioner Vs. Government of Bangladesh and others…...Respondents Judgment January 13, 2013. Result: The Ru......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

....an Foez Siddique J ABM Altaf Hossain J Mir Sharafat Ali………………………………Petitioner Vs. Govemment of Bangladesh and others…………Respondents Judgment January 10, 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 ......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)

....ld major shares in the company; it has 12 Tea Estates having 10,949.58 hectares of land, out of which more than 50% area is under tea plantation. NTC is one of the major tea producing com­pany in Bangladesh, annual average pro­duction of tea being about 5.20 million kgs; that the 33rd Annual......110. ......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)

.... 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.  ...... 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.  ...... 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     ...... 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)

....le completely ignoring the said principles of law declared by this Division. It seems that the concerned learned Judges are not aware of article 111 of the Constitution of the People's Republic of Bangladesh which has mandated that the law declared by this Division shall be binding on the High C......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.  ......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. ......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. ...... the delegated authority are valid and binding only if made within the limits of the author­ity conferred…………………………..(9) Lawyers Involved: Khurshid Alam Khan, Advocate, instructed by Mahmuda Begum, Advocate-on-Record..

Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6

Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)

....4. It has been asserted in the Income Tax Reference Applications that the Assesse-applicant is a private limited company engaged in import and sell of various pesticides/insecticides in the market of Bangladesh. The Assesse-applicant does not manufacture the product which it sells and those are prod...... 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: ...... 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. ......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

TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)

.... different wash brand scouring powder, Jet brand detergent powder, Kohinoor brand detergent powder, Sodium Silicate, Jet ball soap and other products and have been mar­keting those items all over Bangladesh on paying of all the VAT and other taxes regularly. 3. At a tip-off a team of the Pr......Court is hereby recalled and vacat­ed. Communicate at once.         Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94.   ......Court is hereby recalled and vacat­ed. Communicate at once.         Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94.   ......llip;………………….. (11) Cases Referred to- Opsonin Chemical Industries Ltd Vs. Director, Customs Intelligence and Investigation, 9 BLC 110. Lawyers Involved: Md. Haroon-ar-Rashid, Advocate—For the Petitioner. Pratikar Chakma..

Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6

Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Muzibul Haque (Md.)..........................Petitioner Vs. Bangladesh and others.................Respondents Judgment December 6, 2012. Result:......s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138     ......s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138     ...... suit against a defaulter borrower………………(6) Cases Referred to- Haji MA Raz-zaque Vs. Bangladesh Bank passed in Writ Petition No. 9231 of 2010. Lawyers Involved: Sardar Alamgir Ahmed, Advocate—For the Petitioner. Md. Belayet Hos..

Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3

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. ......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)

....hat score if anyone is aggrieved by the decision of the government may take recourse of law in an appro­priate forum, if so advised…….(54) Cases Referred to- Government of Bangladesh, represented by the Deputy Commissioner, Dhaka Vs. Mr. s Anwara Huq, 9 MLR (AD) 253 = 56 ...... 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.     ...... 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

Ramala Khatun & another Vs. Baitul Aman Co-operative Housing Society Ltd. and others, 2012, 41 CLC (HCD)

....et-aside the judgment and decree of the trial Court invoking the concept of complete justice which is available only to this Division under article 104 of the Constitution of the People's Republic of Bangladesh. From the trend of the judgment of the High Court Division it appears that, in fact, it s......e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 104. ......e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 104. ...... Housing Society Ltd. and others.......Respondents (In Civil Petition No.928 with 1041 of 2009) Judgment December 5, 2012.   Result: The petitions are disposed of. Lawyers Involved:  Md. Nurul Amin, Advocate instructed by Md. Nawab Ali, Advocate-on-Recor..

Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75

Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)

....11) Section 561A of the Code of Criminal Procedure 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. Ha......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.     ......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)

..............Respondents (In Criminal Review Petition Nos.9-12 of 12) Judgment December 3, 2012. Result: The Review Petitions are dismissed. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988, Order XXVI rule 1 Review of judgment or order of t...... 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)

.... in the respective review petition. 5. The provisions of review of judgment or order of this Division in a criminal proceeding have been provided in rule 1 of Order XXVI of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 (the Rules). Rule 1 of Order XXVI of the Rules shows tha...... 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)

.... of a Judicial Officer. 14. However, in all fairness, we direct the Secretary Ministry of Law, Justice and Parliamentary   Affairs   and   the   Registrar Bangladesh Supreme Court to hold an enquiry in accordance with law with regard to the explanation fu...... 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