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Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)

....sued four notices under the signature of the respondent No. 4, Charge Officer and Assistant Settlement Officer (Appellate Officer-in-Charge) upon the petitioners for hearing of the aforesaid appeals afresh, fixing the date for hearing on 24-4-2003. 6. This writ petition is directed challenging ...... 144(7) of the SAT Act read with rules 32 and 33 of the Rules, 1955, Annexure-K to the supplementary affidavit dated 8-4-2015. The respondent No. 5, Bhawal Raj Court of Wards Estate made an application mentioning rule 42A of the Rules, 1955 before the Settlement Officer at Dhaka against th..

Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4

Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)

....e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......ers. M Muksedul Islam—For the Respondent No. 2. Md. Harun-or-Rashid—For the Respondent No. 3. Writ Petition No. 7647 of 2013. Judgment Mahmudul Hoque J.- In this application under Article 102 of the Constitution of Bangladesh a Rule Nisi has been issued at the i..

Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10

Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)

....ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbe­fore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......o the concerned Police Station but the Police Station refused to take the GD entry from her. The petitioner searched out her husband, but failed to find him out. Thereafter, she has filed the present application under section 491 of the Code of Criminal Procedure before this Court. 3. Opposite ..

Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2

Moinuddin Hasan Rashid Vs. Registrar, Joint Stock Com¬panies and Firms and another, 2015, 44 CLC (HCD)

....upon the hold­ing of such AGM. The cost of this Application shall be borne out of the funds of the Company. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 326   ......oinuddin Hasan Rashid.................Petitioner Vs. Registrar, Joint Stock Com­panies and Firms and another.........Respondents Judgment April 15, 2015. Result: The application is disposed of. Companies Act (XVIII of 1994); Section 81 Procedure to Enable ..

Category: Company Law | Date: 15 Apr, 2015 | Hits: 7

Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)

....ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed.      This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......-Opposite-Party Judgment April 13, 2015.     Result: The Rule is discharged. In deciding the question of rejection of a plaint— Court while deciding application about rejection of plaint is not permitted in law to travel beyond the averments made in..

Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10

Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)

....ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278     ...... of report by the investigating officer within 45 working days cannot be a good ground for quashing the pro­ceedings......... (48) The settled principle is that while consider­ing of the application under section 561A of the Code the High Court Division will not take into consideration ..

Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8

Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)

....efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227   ......ition for leave to appeal is directed against the judgment and order dated 20-2-2014 passed by a Division Bench of the High Court Division in Criminal Revision No. 357 of 2013 summarily rejecting the application by the majority views of the learned Judges. 2. The accused-petitioner, Mafruza Sul..

Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

.... the doctrine of stare decisis does not bind this Division under Article 111 of the Constitution, a review petitioner can not invoke that doctrine. There are authorities for the proposition that fresh evidence, which has bearing on the event under consideration, but despite best efforts, could ...... the inability of the only live victim in Charge No.2 to appear before the ICT-2 on health grounds was not justified as he was listedas a prosecution witness and prosecution’s application showed that hetraveled to Dhaka for medical check-ups, j ..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

....nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......e usufructuary mortgage and the maxi­mum period for which he could transfer his land was reduced to seven years whereupon the debt including the principal and interest stands liquidated and on an application before the authorised officer the raiyat could be put back into possession". 2..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ...... Md.Motaher Hossain (Sazu), DAG with Purabi Rani Sharma, AAG and ABM Mahbub, AAC—For the Respondents. Writ Petition No. 2116 of 2001. Judgment Moyeenul Islam Chowdhury J.- On an application under Article 102 of the Consti­tution of the People's Republic of Bangladesh fi..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)

....ed time from the date of knowledge of the registration of the sale deed. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 210. ......­ed land to the pre-emptee petitioner on 13-8-1973, who is a stranger purchaser. The pre-emptee petitioner contested the pre-emption case filing written objection contending, inter alia, that the application was barred by limita­tion. 3. The trial Court allowed the application for pre-e..

Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24

Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

.... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ...... given a special leverage on the decree holder. According to the said provisions, not-with-standing the pro­visions under sub-sections (4) and (5), the decree holder will be at liberty to file an application for conferment of title on it by the Adalat, and once such application is made, the Adal..

Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4

Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)

.... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147.   ......ivision in Criminal Miscellaneous Case No. 20499 of 2009 under section 561A of the Code of Criminal Procedure discharging the Rule. 2. The leave-petitioner herein, Ali Haider Chowdhury, filed an application before the High Court Division under section 561A of the Code of Criminal Procedure with..

Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16

Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)

....by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ......unus Ali, AAG and Yousuf Mahmud Murshad, AAG—For the State. Criminal Miscellaneous Case No.14532 of 2012. Judgment Md. Moinul Islam Chowdhury J.— This Rule was issued on an application under section 561A of the Code of Criminal Procedure at the instance of the accused-peti..

Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4

Sohan Kumar Agarwala Vs. Assistant Registrar, Department of Patents Designs and Trade Marks and another, 2015, 44 CLC (AD)

....the statuto­ry authority. In that view of the matter, we find no other alternative but to send the matter back to the Registrar Trade Mark for hearing the opposition case filed by the petitioner afresh and dispose of the same in the light of the observations made in this judgment keeping in mind......roprietor of M/s Petro Products, Dakhin Bargacha, Station Bazar, Natore also applied for registration of the same trade mark 'Dulhan' in 2004, i.e. long 7 years after filing of the trade mark application by Raj Kumar Agarwala. Thereafter, on 14-11-2005, the petitioner filed Opposition Case N..

Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20

State Vs. Engineer Monjurui Ahsan Munshiand another, 2015, 44 CLC (AD)

.... ground to reconsider the said point. 9. In view of the above, we find infirmity in the judgment of the High Court Division and we have no option other than to send back the matter on remand for fresh hearing by the High Court Division. 10. The High Court Division shall dispose of the appe......t afresh. The leave petitions are accordingly, dis­posed of with the above observations and direc­tions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 149   ..

Category: Criminal Law | Date: 2 Feb, 2015 | Hits: 11

Star Vegetable Oils Limited, 195 Motijheel C/A, Dhaka Vs. The Commissioner of Taxes, Taxes Zone-03, Dhaka, 2015, 44 CLV (HCD)

....tive and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. This Case is also Reported in:     ......oduced below for ready reference; Income Tax Ordinance 1984 Section 177. Computation of the period of limitation.- (1) In computing the period of limitation prescribed for an appeal or application under this Ordinance, the day on which the order complained of was served, or, if the as..

Category: Fiscal/Taxation Law | Date: 14 Jan, 2015 | Hits: 1

Getco Trading Limited, Represented by its Managing Director Mr. K.M. Khaled Vs. The Commissioner of Taxes, Taxes Zone-14, 2015, 44 CLC (HCD)

....of the account, save and accept the statutory disallowances. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......of the account, save and accept the statutory disallowances. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 12 Jan, 2015 | Hits: 1

Anti-Corruption Commission, represented by its Chairman Vs. Haji Md. Salim and another, 2015, 44 CLC (AD)

....not accept the application for not pressing the petition filed by the petitioner. 5. On consideration of the impugned judgment, we have no option other than to send back the appeal on remand for fresh hear­ing on merit by the High Court Division. The judgment of the High Court Division is s......f hearing the leave petition Mrs Mahmuda Begum, learned Advocate-on-Record for the petitioner submits that the Durnity Daman Commission has decided not to press the petition. Accordingly, she pressed application for dismissing the petition as not being pressed. Since the High Court Division has acqu..

Category: Criminal Law | Date: 12 Jan, 2015 | Hits: 6

Islami Bank Bangladesh Limited, Head Office-40, Dilkusha C/A, Dhaka-1000 Vs. The Commissioner of Taxes, Audit Wing, Large Taxpayer’s Unit, Dhaka, 2015, 44 CLC (HCD)

....raised in the reference applications have already been settled finally by the Appellate Division in favour of the Taxes Department and, as such, there is no scope to decide the same questions of law afresh by this Division. 7. Mr. Rafiq-ul Huq, the learned Advocate for the assessee-applicant ap...... 22 of 2005, 23 of 2005, 24 of 2005 and 156 of 2006 under sections 160 and 161 of the Income Tax Ordinance, 1984 (hereinafter referred to as the Ordinance) and the parties to the income tax reference applications are same. Therefore, these income tax reference applications have been heard together a..

Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 1