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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.  ......e trust property of the deity and the suit is not maintainable and liable to be dismissed with costs. 4.  The learned Additional District Judge, First Court, Tangail, by his judgment and order dated 31.03.2002 decreed the suit. 5. Being aggrieved by and dissatisfied with the judgm......ave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339.  ...... Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Paresh Chandra Biswas……………………..Petitioner Vs. Shree Shree Shashan Kalimata Idol and others……..Respondents Judgment ..

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: ......etitioner. Tufailur Rahman, Advocate-For respondent no. 2. Writ Petition No.7903 of 2011. Judgment Md. Ruhul Quddus J.-This Rule nisi was issued calling in question the legality of an order as contained in MemoNo.CJM/LB/13(Ka) 68 dated 4.8.2011 issued by the General Manager, Crescent...... The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......d in: ..

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 ......d not directed to deliver the Machine Readable Passport in favour of the petitioner bearing "Delivery Slip" with Enrolment ID MRP 260100000327956 and is of no legal effect and /or pass such order or further order or orders as to this court may seem fit and proper". 2. The avermen......dgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......sdiction) Present: Hasan Foez Siddique J ABM Altaf Hossain J Mir Sharafat Ali………………………………Petitioner Vs. Govemment of Bangladesh and others…………Respondents ..

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 ....../471/385/109 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Chittagong so far it relates to the accused-petitioner Md. ShafiquI Alam, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. At the time issuance of the Rule, all......end 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 ......resent: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Shafiqul Alam (Md.)………………………………....Petitioner Vs. State………………………&hel..

Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4

Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)

.... contest by order dated 9-5-2012; that there being no order of injunction in force, on 25-4-2012 the company issued a notice for holding 34th AGM on 14-7-2012. On 30th April, 2012 the notice was also published in the Financial Express; that since the agenda of election of directors could not be carr...... of the company, Bondhu Gopal Das, instituted Title Suit No.166 of 2011 before the Senior Assistant Judge, Sadar, Sylhet praying for injunction upon holding of the meeting on 5-8-2011; because of the orders of injunction passed in both the suits adjourned meeting could not be held and election of di......r be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......18 BLC (HCD) (2013)110. ..

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.  ......en there all along……………………………….(10) Section 342 Cr.P.C. enjoins upon the trial Court the duty of placing before the accused the circumstances appearing against him in order that he may be given opportunity of explaining them. The examination of an accused under this......onnection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218.  ......is also entitled to ask the appellate court to take the explanation that he would have given in the first court into consideration when weighing the evidence in just the same way as it would have done if it had been there all along……………………………….(10) Section 342 Cr.P...

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     .......— 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 o......t and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230     ......gh Court Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Abul Khair Chandu .................................Petitioners Vs. State and another.................................Opposite-parties Judgment..

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)

....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.  ......s. 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 o...... this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156.  ......endra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmunara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Gulf Air Company GSC and another ....................Petitioners Vs. Travel Trade Ltd. and others.....................Respondents Judgment ..

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. ......aque Chowdhury, Senior Advocate, instructed by Mvi Md. Wahidullah, Advocate-on-Record—For the Respondents. Criminal Petition for Leave to Appeal No.326 of 2009. (From the judgment and order dated 9-8-2009 passed by the High Court Division in Criminal Miscellaneous Case No.1505 of 200......cordance with law. The petition is disposed of with the above observations. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 97. ...... Md. Muzammel Hossian CJ SK Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Anti-Corruption Com­mission ...............Petitioner Vs. Md. Bayazid & others...........................Respondents Judgment ..

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

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

.... 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: ......ceeds. The connected Rule 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 authorit......osed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ......Crop Science Limited, Abedin Tower (2nd and 3rd Floor), 35 Kemal Ataturk Avenue, Banani, Dhaka, represented by its Vice President Md. Billal Hossain……....Assessee-Applicant. Vs. The Commissioner of Taxes, Companies Circle-18, Taxes Zone-6, Dhaka…..Opposite party Judgment January 3,..

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. ...... Mrs. Tania Amir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.2985 of 2012. (From the judgment and order dated 2.12.2012 passed by the High Court Division in Company Matter No.70 of 2012.) Judg......of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. A.K. Azad.....................Petitioner Vs. Kaptex Limited and others ............Respondents Judgment December 1..

Category: Company Law | Date: 12 Dec, 2012 | Hits: 30

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

....Court is hereby recalled and vacat­ed. Communicate at once.         Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94.   ......ion No. 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 (Ann...... at once.         Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94.   ...... (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J TLRA Holding Ltd………………………Petitioner Vs. Customs, Excise and VAT Appellate Tribunal & others.............Respondents ..

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

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

....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     ......ired to embark upon other points raised in the petition. Therefore, we hold that this petition should be dis­charged being not maintainable. In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Division at the time of issuance of the......alled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138     ...... ..

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. ......olved: 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 wi...... the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......ltana J Syed Mahmud Hossain J Md. Imman Ali J Nazrul Islam (Md.)……………………………………...Petitioner Vs. State.....................................................Respondent Judgmen..

Category: Criminal Law, Procedural Law | Date: 6 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.     ......tion by 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 S......le is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485.     ...... ..

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)

....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. ......ucted 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......suit as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 104. ......p;  Nazmun Ara Sultana J     Syed Mahmud Hossain J   Md. Imman Ali J Ramala Khatun & another........................................Petitioners Vs. Baitul Aman Co-operative Housing Society Ltd. and others.......Respondents (In ..

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

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

....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.     ......e Penal Code read with section 5(2) of the Prevention of Cor­ruption Act, 1947, now pending in the Court of Chief Metropolitan Magistrate, Chittagong, should not be quashed and/or pass such other order or orders as to this Court may seem fit and proper. 2. Pending hearing of the rule, all f...... and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278.     ......ellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Sadek Hossain (Md.)……………............................Petitioner Vs. State and another...........................................Opposite-Parties ..

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. ...... 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 the Appellate Division in a criminal proceeding can only be done on the ground of an error......unged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ....... Muzammel Hossain CJ Md. A Wahhab Miah J   Nazmun Ara Sultana J   Syed Mahmud Hossain J Md. Imman Ali J Shahidur Rahman Khadem..............Petitioner Vs. State and another..........................Respondents (In Criminal Review Pet..

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. ......s. 9-12 of 2012). None represented- For the Respondents (In Criminal Review Petition Nos. 16-19 of 2012). Criminal Review Petition Nos.09-12 with 16-19 of 2012. (From the judgment and order dated the 12th day of March, 2012 passed by the Appellate Division in Criminal Petition Nos. 2...... disposed of accordingly.   Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ...... (Civil) Present: Md. Muzammel Hossain CJ Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Shahidur Rahman Khadem.......Petitioner (In Criminal Review Petition Nos.9-12 of 2012) Vs. The State and another…………...

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.   ...... the examination of the Magistrate is necessary, he should take all the legal steps to secure his presence. Without taking any steps in accordance with law to ensure the presence of the Magistrate in order to examine him now he has taken the plea that examination of the said Magistrate is necessary&...... and   Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474.   ...... (Criminal Miscellaneous Jurisdiction) Present: M Enayetur Rahim J Md. Akram Hossain Chowdhury J Nur Hossain alias Ladu……………..........Petitioner Vs. State………………………&hel..

Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3