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Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)
....ral - For the State. Criminal Revision Case No.693 of 2008. Judgment Md. Shamsul Huda J.- The instant rule was issued calling upon the opposite party to show cause as to why the order dated 19.11.2007 passed by the learned Sessions Judge, Nilphamari in Sessions Case No.21 of 2007 fra......ost mortem report is one of the piece of evidence. Where the reliable witnesses prove the case by credible evidence conviction can be recorded without any medical report. In this regard he referred a decision in a case State Vs. Ful Miah, reported in 5 BLC (AD) 41 wherein their Lordships held that &..Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
....Revision No.1662 of 2009. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of plaintiff Respondent petitioner, calls in question the legality and propriety of Judgment and order dated 10-02-2009 passed by learned Additional District Judge, first Court, Dhaka, allowing Misc. app......e acting under a if specific provision governing disposal of the case. As to the submission that h the High Court Division ought to have either remanded the case or examined the record itself for a decision relating to alleged non-service of summons, having regard to the facts noticed and observ..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)
.... Judgment Md. Ashfaqul Islam J.- At the instance of the petitioner M/S. Golden Match Works Limited, this Rule nisi was issued calling upon the Respondents to show cause as to why the order dated 24.10.2005 under Nothi No. CEVT/CASE/(VAT)-2209/2004 (Annexure-C) passed by the Respondent No......on of section 42(4) of the Act the appeal have been deemed to be allowed. 6. Both the learned Advocate for the petitioner and the learned Assistant Attorney-General also placed reliance on the decision of Bombay Sweets and Company Ltd. Vs. President, Appeal Tribunal 5 ADC 478 and made submi..Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8
....se were heard analogously and are being disposed of by this single Judgment.
2. In Writ Petition No.6460 of 2007 the Rule was issued calling upon the respondents to show cause as to why the orders dated 19.07.2007 (Annexure-G, G-1 and G-2) passed by the respondent No.3 on the ex-Bond Bills of Ent......heard the learned Advocates of both the sides, perused the writ petitions, the Affidavit-in-opposition and papers, documents submitted by the parties.
24. The moot question is whether the impugned decisions of the Customs Authority of imposition of 5% customs duty instead of 0% can be sustained u..
Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....lication by the petitioner under Article 102 (2)(a) of the Constitution calling upon the respondents to show cause as to why the impugned order, communicated vide Memo No. Dudak/173-2007(Anu:-2)/4776 dated 08.07.07, issued by the respondent No.3, evidenced by Annexure-A to the writ petition, requiri....... A.M. Mahbub Uddin, learned advocate appearing on behalf of the petitioner submits that the petitioner played no part in the offence committed by her husband, the principal accused. Referring to the decision in Civil Petition for Leave to Appeal No.1432 of 2008, he submits that there can be no abet..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... effect. 2. The facts of the case relevant for disposal of this Rule, in brief, are that a notice under section 26(1) under Memo No.দুদক/৭০-২০০৭(অনুঃ-২০/৬৯৪ dated 18-2-20078 was issued upon Ahmed Akbar Sobhan (Shah Alam) as principal accused directing him t......the petitioner is not sustainable in law. He submits that there cannot be any abetment of an offence under section 26(2) and 27 (1) of the ACC Act, 2004. In support of his contention he refers to the decision in Civil Petition for Leave to Appeal No.1656, 1658-59 of 2008. Anti-Corruption Commission,..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
....Md. Mazibar Rahman, Advocate-on-Record-For Respondent No.5.
Not represented- Respondent Nos.1-4 and 6-9.
Civil Petition for Leave to Appeal No.267 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 2......he findings that the writ-petitioners were not selected in interview for appointment in their respective job, however, the committee recommended the matter to be placed before the syndicate for final decision. Accordingly, the matter was placed before the 35th meeting of the syndicate of the Univers..
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)
....ts through loans and continuing their business regularly without any default for a long time. 4. It is further stated that the Respondent No.4 Assistant Director Bangladesh Bank vide letter dated 19.08.1998 being Memo No.ELF/FEX/98/2505 sought advice regarding the latest position of the p......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. ..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....ida M Karnal, Advocate—For the Respondents. First Appeal No.164 of 2004. Judgment Sharif Uddin Chaklader J. - This appeal by the defendant is directed against judgment and decree dated 17-3-2004 passed by the learned Joint District Judge, 1st Court, Dhaka decreeing Title Suit No......the time of the trial. Nevertheless, the documents recently received from ANZ Grindlays Bank supporting the facts alleged by the defendants are proved. 21. The learned Advocate relied on several decisions i.e. the case of Jadav Chandra Vs. Abdul Khaleque, 27 DLR (AD) 114, the case of Abul Kalam..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... framed by the learned Divisional Special Judge, Dhaka, under Section 242 of the Code of Criminal Procedure (CrPC), in Special Case No.1 of 2003, which arose out of Tejgaon Police Station Case No.35, dated 11.12.2001, corresponding to B. A.C.C. General Registered Case No.108/01, under Section 409 of......f accused and to allow him to place his case at the time of the charge hearing. He argued that the principle he relies on is so immutable that slightest departure from that dogma is bound to plunge a decision to nihility. Mr. Huq further submitted that while conducting charge hearing, the Court conc..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ালক (টাস্ক ফোর্স ৩) দুর্নীতি দমন কমিশন। The above reproduced purported order was based on a First Information Report (FIR), dated 27th March 2002, invoking Sections 409, 418, 217, 218, 109 of the Penal Code, and Section 5 (2......of Bangladesh. Judgment AHM Shamsuddin Choudhury J. - By engaging Article 102 of the Constitution of the People’s Republic of Bangladesh, the Petitioner before us impugned a purported decision arrived at by the respondent nos. 2 and 3, which stands figured in Annexure-A to the Writ P..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....চালক (টাস্ক ফোর্স ৩) দুর্নীতি দমন কমিশন। The above reproduced purported order was based on a First Information Report (FIR), dated 27th March 2002, invoking Sections 409, 418, 217, 218, 109 of the Penal Code and Section 5 (2)......gladesh. Judgment AHM Shamsuddin Choudhury J. – By engaging Article 102 of the Constitution of the People’s Republic of Bangladesh, the Petitioner before us impugned a purported decision arrived at by the respondent nos. 2 and 3, which stands figured in Annexure-A to the Writ P..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
.... petitioners under Article 102(2)(a)(ii) of the Constitution challenge the continuation of the proceedings of 15 cases brought against them, which arose out of Motijheel (D.M.P) P.S. Case No.140 dated 29.03.2007. Rules were issued in respect of both the writ petitions in identical terms as foll......les and, therefore, the sanction which was granted by a Commissioner, and not the Commission itself, is without lawful authority. In support of his contention the learned advocate has referred to the decisions in Commissioners of Customs and Excise Vs. Cure & Deeley, Ltd., reported in [1961] 3 A..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....affidavit filed on behalf of the IGP. We received response to our direction upon the Senior Judicial Magistrate (SJM), Kishoregonj under his memo No.সিজুম্যা-১/কিশোর-৮৪dated 03.02.2010 through the Chief Judicial Magistrate, Kishoreganj, forwarded under memo No.সি......all, to ensure that all others, including the investigating agencies and the judiciary, are made aware of the relevant provisions of law. It is his duty to assist the Court to come to a just and fair decision in accordance with the law. Quite clearly, the learned advocate appearing for the State was..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)
....on No.428 of 2007. Judgment Shahidul Islam J.- By filing this 2nd revision under section 115(4) of the Code of Civil Procedure the legality and propriety of the judgment and order dated 10.9.2006 passed by the learned Additional District Judge, 2nd Court, Naogaon in Civil Revisi......rocedure and has failed to understand the purpose of promulgation of Bankruptcy Act, 1997 as well as its application. Both the Courts below have committed an error of law resulting an error in the decision occasioning a failure of justice in allowing application under section 33(1) of the Bankru..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....f 2004. Judgment Afzal Hossain Ahmed J. - This Rule, at the instance of the informant, Ayrin Akhter Lypi, was issued calling upon the opposite parties to show cause as to why the impugned order dated 13.11.2003 passed by the Judge of the Nari-O-Shishu Nirjatan Daman Tribunal, Barisal in Nari-O......se although no material was placed before the Court of that effect or that there was no basis before the learned Judge in coming to the findings to that effect and that the Tribunal gave the impugned decision mechanically without assigning any reason therefor. He further submits that the accused-opp..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....2 of 2007. Judgment Faruque Ahmed J. - This rule at the instance of the pre-emptee petitioner was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 04.04.2007 passed by the learned Joint District Judge, 2nd Court, Chittagong in Miscellaneous ......ission that in a preemption proceeding this kind of question about correctness of the khatian and correctness of the mutation proceeding and other similar maters can be considered has referred to the decision in the case of Kutu Chand Miah Vs. Rabindra Kumar Deb and others reported in 22 DLR 29 and ..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
....gment
Faruque Ahmed J.- This
rule at the instance of the defendant petitioners was issued calling upon the
opposite parties No.1 and 2 to show cause as to why the impugned judgment and
decree dated 22.09.2005 passed by the learned Additional District Judge, 1st
Court, Dhaka in Title Appeal ......his question of limitation at all, and a s such committed error in decreeing
the suit and dismissing the appeal. The learned Advocate for the petitioner in
support of his submission referred to the decision reported in 2 BLC
(AD) 134 and 4 BLC 310 wherein it has been held that in a suit for recov..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
.... Reza, Additional Attorney General, instructed bv B. Hossain, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2592 of 2010. (From the judgment and order dated 27.10.2010 passed by the High Court Division in Writ Petition No.4968 of 2007.) Judgment............Respondents Judgment January 4, 2010. Result: The leave petition is dismissed. Cases Referred to- Injunction on the Bank Guarantee cannot sustain in view of the decision of the Uttara Bank Vs. Macneill & Kilburn, 33 DLR (AD) 298. Lawyers Involved: ..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....Da. 5. The learned Additional District Judge, on consideration of the evidence on record, observed that though both the parties claimed that Aboni Chandra Ghosh and others by a deed of endowment dated 1st September, 1947 established Sree Sree Kalimata but none have produced and exhibited the sa...... another in order to enable him to take steps to recover the property, such a procedure will be rather prolonged and a complicated one and the interest of the idol may irreparably suffer? That is why decisions have permitted a worshipper in such circumstances to represent the idol and to recover the..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
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