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Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)

....r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ..

Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119

Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)

....not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ......nd submitted charge sheet under Section 302 along with other allied sections of the Penal Code. 3. The case was transferred to the learned Sessions Judge wherein the accused petitioners filed an application under Section 265C of the Code of Criminal Procedure for discharging them from the charg..

Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8

Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)

..... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . .......Opposite parties Judgment April 6, 2010. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order IX rule 13 In an application under Order IX rule 13 of the Code two questions are primarily to be answered: (a) Whe..

Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111

M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)

....the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ......dvocate submits that the appeal was received by the Tribunal for hearing on 30.3.97 and the impugned order has been passed on 03.5.98." So the facts and circumstances of that case has no manner of application in the present case and for that reason the same is not applicable in the case in hand...

Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8

Shabnam Vegetable Oil Industries Limited Vs. Commissioner of Customs (Import) and others, 2010, 39 CLC (HCD)

....4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 437. ......rity without considering the said provision of laws issued the impugned orders imposing 5% customs duty without assigning any cogent reason whatsoever, which is manifestly arbitrary and indicates non-application of mind thus the same should be declared to have been made without lawful authority and ..

Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134

Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ......l accused may only be seen by the trial Court when the evidence is placed before it. At that stage the petitioner will have the opportunity to challenge the evidence produced by the prosecution in an application under section 241A of the Code of Criminal Procedure. . . When there is alternative reme..

Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103

Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ......oner. AKM Fazlul Hoque, Advocate - For the Respondent No.2-Anti Corruption Commission. Writ Petition No. 6880 of 2008. Judgment Md. Imman Ali J.- This Rule Nisi was issued upon an application by the petitioner under Article 102(2)(a)(ii) of the Constitution calling upon the respo..

Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189

Vice-Chancellor and Chancellor of the Syndicate, Sher-E-Bangla Agricultural University Vs. Asia Rahman Shova and others, 2010, 39 CLC (AD)

....are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire. Ed. This Case is also Reported in: VII ADC (2010) 1008. ......7 of 2010. (From the judgment and order dated the 23rd day of November, 2009 passed by the High Court Division in Writ Petition No.9605 of 2008). Order Mohammad Fazlul Karim CJ. - This application under Article 103 of the Constitution of the People's Republic of Bangladesh is dire..

Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92

Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)

....f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......t Chittagong were renumbered as Money Suit No.14 of 2001 and 15 of 2001 respectively (As evidenced by Annexes L and L(l) to the writ petition). The present petitioners on 01-10-2000 filed separate applications under order 1 Rule 10 (2) C.P.C in their aforesaid respective suits for striking out t..

Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7

Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)

.... consideration money of Taka 2 lakh US Dollars equivalent of Taka 90,00,000 within the period mentioned but that have not been reflected properly in the written statement, as such he wanted to file a fresh written statement and if the Court found it proper, the learned Advocate submits that the Cour......f Attorney registered, it was obvious intention of the parries that the said power of attorney would never be revoked. Defendant further stated that, plaintiff himself under his own signature made an application to the Director (Estates) Rajdhani Unnayan Kartipakha, Dhaka on 15-6-1993 seeking permis..

Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13

Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

....squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......rned, by a letter dated 1.2.2003, confirmed the receipt of the case from the Court of the Metro Senior Special Judge, Dhaka. The said learned Judge, on an earlier date, allowed the Petitioner’s application for dispensation with Court appearance. 5. Charge hearing took place, as scheduled,..

Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228

Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......sh, Md. Selim Jahangir, Mohammad Mehedi Hasan Chowdhury Advocates – For the Petitioner. A.K.M. Fazlul Haque, Advocate - For the Respondent No.4. Writ Petition No. 7966 of 2005 An application under Article 102 of the Constitution of the People’s Republic of Bangladesh. ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102

Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......h, Md. Selim Jahangir, Mohammad Mehedi Hasan Chowdhury, Advocates – For the Petitioner. A.K.M. Fazlul Haque, Advocate - For the Respondent No.4. Writ Petition No.7967 of 2005. An application under Article 102 of the Constitution of the People’s Republic of Bangladesh. ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131

Humayun Khan @ Md. Humayun Khan and another Vs. Anti Corruption Commission and Others, 2010, 39 CLC (HCD)

....les is hereby vacated. Bail of the petitioners is cancelled. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 409. ......not started after obtaining requisite sanction from the proper authority. 4. Learned advocate Mr. Md. Abdur Razzak appearing on behalf of the petitioner in Writ Petition No.7243 or 2008 filed an application for the issuance of a supplementary Rule on the ground that Rule 15 of the And Corruptio..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145

State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)

....rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ...... cannot accept that the learned Magistrate did not find any other suitable place when the Kishore Unnayan Kendra in Gazipur is a mere one and half hour's distance by road. 26. On 24.01.2010 a bail application was moved on behalf of the three children. An application for bail is only warranted whe..

Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177

Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)

....ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ......is no express provision giving retrospective effect of any existing law. Therefore, the Bankruptcy Act, 1997 is not a retrospective legislation but a prospective legislation, which got no manner of application upon any pending proceeding arising out of any suit prior to the promulgation of the Ac..

Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7

Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)

....his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......nd/or such other further order or orders passed as to this Court might seem fit and proper. 2. Facts necessary for disposal of this Rule, briefly, be put thus: The informant-petitioner filed an application before the Nari-O-Shishu Nirjatan Daman Tribunal, Barisal alleging, inter alia, that the..

Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156

Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)

....resent proceeding and as such the impugned judgment and order passed by the learned appellate Court are liable to be set aside and the case should be sent on remand to the learned appellate Court for fresh disposal. 13. Accordingly, the rule is made absolute without any order as to costs and the i...... Act the correctness of the record of right can be inquired into and held that the recording of the applicants name in the record of right was not correct and accordingly the trial Court rejected the application for preemption, which was upheld by the High Court. Similarly in the 2nd decision report..

Category: Property Law | Date: 13 Jan, 2010 | Hits: 56

Farida Begum Minu and others Vs. Abdul Jabbar being dead his heirs Md. Nurul Amin and others, 2010, 39 CLC (HCD)

.....02.1965. The plaintiffs filed a suit before Assistant Judge, 1st Court, Dhaka being Title Suit No.63/1993 but the suit was filed with formal defect. So the plaintiffs withdrew the suit for filing fresh suit. The defendant No.3, constructed a building in 'Ga' schedule land which is owned by the ...... appellate judgment and decree, the defendant petitioners obtained the present rule. 6. Mr. Md. Serajul Haq, the learned Advocate appearing on behalf of the petitioners placed the revisional application and the impugned judgment and decree and submitted that in the plaint the plaintiffs di..

Category: Property Law | Date: 6 Jan, 2010 | Hits: 8

Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)

....der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ......ness organization, incorporated body and any association, section 18 of the VAT Act, 1991 pro­vides that if any person wants to change the name, address and any other information mentioned in the application for registration for VAT he may apply to the concerned authority at least 14 days befor..

Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4