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Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......stpone the commencement of, or adjourn any inquiry or trial, the Court may, if it thinks fit, by order in writing, stating the reasons thereof, from time to time, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the ac......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: M Enayetur Rahim J Giasuddin-al-Mamun ....................Accused-petitioner Vs. State and another……………...........Opposite-parties Judgment Ja..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
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: ...... Labour Sarder in 2009. He performed his duty honestly and diligently. Being a popular worker-leader, he was elected as Assistant Secretary of Crescent Jute Mills Workers’ Union for consecutive two terms in 2008-2010. Because of his increasing popularity and possible candidature for the office of ......vision (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 Rule is dispo..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
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. ......bove backdrop, we consider it proper to direct the District Judge, Dhaka to dispose of the appeal itself now pending before him. 11. Accordingly, this petition is disposed of in the following terms: (a) The order dated 13.08.2012 passed by the High Court Division in Civil Order No.2...... Md. Muzammel Hossain CJ Surendra 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...............Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
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: ......o. 1800 of 2009-2010 before the Additional Appellate Commissioner of Taxes, Appellate Range-2, Dhaka, who having considered the grounds taken by the Assesse-applicant, allowed the appeal more less in terms of the prayer of the Assesse-applicant. But that being not adequate the Assesse-applicant file......s also Reported in: ..Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85
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. ......e VAT Act contemplates a situation and made provisions for combating the same. Of course the provision should be followed meticulously in its true spirit and purport. If there occurs any deviation in terms of such on 26 of the Act then certainly that can be remedied in a proper forum as it has been ......) Present: Md. Ashfaqul Islam J Md. Badruzzaman J TLRA Holding Ltd………………………Petitioner Vs. Customs, Excise and VAT Appellate Tribunal & others.............Respondents Judgment December 10, 2012..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
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. ......ntioned above. 26. Lastly, with regard to the period of time spent by the accused in the condemned cell, there are numerous decisions of this Division which shed light on this aspect. In general terms, it may be stated that the length of period spent by a convict in the condemned cell is n......vict in the condemned cell is not necessarily a ground for commutation of the sentence of death. However, where the period spent in the condemned cell is not due to any fault of the convict and where the period spent there is inordinately long, it may be considered as an extenuating ground..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. ...... with some specific directions to the contemnors. By the aforesaid judgment all disputes between cadre officers and non-cadre officers under department of family planning with regard to the terms and conditions of their service including seniority, status, encadrement etc. have finally bee......2013) 485. ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
....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.
......cessive and accordingly, we are inclined to reduce it from Taka 1, 00,000 (one lac) to Taka 60,000 (sixty thousand) only.
16. In view of the above, the petitions are disposed of in the following terms:—
Order No.216 dated 27-9-2012 passed by the Joint District Judge and Arbitration Court......yed Mahmud Hossain J
Md. Imman Ali J
Ramala Khatun & another........................................Petitioners
Vs.
Baitul Aman Co-operative Housing Society Ltd. and others.......Respondents (In Civil Petition No.928 with 1041 of 2009)
Judgment
Decembe..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
.... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ......t and different Bills of Entry should not be declared to have been done without lawful authority and is of no legal effect. 3. Facts are also similar in both the petitions and absolutely in terms of Rule as issued. 4. At the time of issuing Rule this Division directed the respondent N......eported in: 65 DLR (HCD) (2013) 196 ..Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ......e the appointments of the honorary teachers who were appointed on 22-2-1999 as per recommendation of the Ministry of Health and Family Welfare and approved by the Ministry of Finance as per terms and condition Nos.2 and 5 of their earlier decision and to appoint them as Assistant Professor......e Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and others.................Appellants Vs. Dr. Md. Nazrul Islam Bhuiyan and others......Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......-For the Anti Corruption Commission. Criminal Miscellaneous No.42595 of 2012. Judgment AHM Shamsuddin Choudhury J. -The Rule under adjudication, issued on 17.10.2012 was in following terms: “Let a Rule be issued calling upon the opposite party to show cause as to why the...... The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Government of the Peoples Republic of Bangladesh, Bangladesh Secretariat, Ramna Dhaka and others, unreported, Writ Petition No.7245 of 2008; Khawja Nazir Ahmed Vs. Emperor 1945 DLR, PC 1..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......and modifications”. 11. Referring these observations, he submits that it has been directed by the Hon'ble Appellate Division to proceed with the instant case in accordance with law, in terms of the Money Laundering Protirodh Ain, 2002 since the alleged occurrence took place during the...... Court Division (Criminal Revisional Jurisdiction) Present: Abdul Awal J Md. Faruque J Giasuddin-al-Mamun.............................Accused-petitioner Vs. State and another…………….....................Opposite-parties Judgme..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ...... General Advocates—For the Respondents. Writ Petition No.9283 of 2011. Judgment ABM Altaf Hossasin J. - The Rule Nisi under Adjudication issued on 02.11.2011 was in the following terms: "Let a Rule Nisi issue calling upon the respondents to show cause as to why the ord...... Hasan Foez Siddfque J ABM Altaf Hossain J Fazlul Haque (Md.)…………………………Petitioners Vs. Bangladesh and others..................Respondents Judgment November 22, 2012. Result: The ..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......n test papers both the Bangla and the English version and the method of markings thereof before the Court, the petitioners will suffer irreparable loss and injury. 6. Rule was issued in the terms of the prayer. 7. Writ-respondent Nos.3 and 4 appeared in the writ petition and filed an ...... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh & others .............Petitioners Vs. Md. Ghulam Mustafa and others…………....Respondents Judgment November 22, 2012. ..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
.... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ......orrower Gokul Chandra Roy arid his brother Birendra Nath Roy mortgaged their property with the Bank and Binoy Krishna Roy also mortgaged his property as third party guarantor of the said loan. As per terms and conditions contained in the loan sanction letter the borrowers have failed to pay the outs......n end with the issuance of a certificate under section 33 (5) of the Artha Rin Adalat Ain, 2003. Rather it remains alive till the possession of the property alleged to have been sold in auction, was handed over to the auction purchaser. .................... (17) Cases Referred to- ..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ...... section 34 can be made." 88. In the case of Md. Akbar Vs. State reported in PLD1991 SC 923, the observation of their Lordships of the Supreme Court of Pakistan was couched in the following terms:— "Mere presence of an accused at the place of incident with a co-accused who ......bsp; ..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ......mited Vs. The Commissioner of Customs reported in 2 TLR 571 and submits that almost in a similar situation this Division in the said case decided that the assessment should be made chronologically in terms of the provisions laid down in valuation Rule. The respondent cannot outright jump and apply t......cial Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Amirul Islam (Md.).....................................Petitioner Vs. Commissioner of Customs and others............Respondents Judgment November 19, 2012. Result: The Rule i..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ...... annas owner of the suit plot. After the death of the plaintiff’s father, they also executed and registered three powers of attorney in favour of Eastern Housing Limited keeping intact the terms on which their father gave the powers of attorney for constructing the commercial buildin...... Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shamsul Kabir Humayun Reza………………Petitioner Vs. Anwarul Hasan and Others……………………Respondents (In Civil Peti..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ......llegedly beaten the victim, have already been arrested by the law enforcing agencies, there is no point in proceeding with the instant Rule inasmuch as the action has already been taken as per the terms of the Rule issued in the instant writ petition. Then, he makes a prayer that if this Court w......arkar J Advocate Asaduzzaman Siddiqui................ Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, P.S. Ramna, Dhaka and others.………...... Respondents. Judgment November 8, 2012. Result: Th..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......ion. 6. The moot question that fails for consideration by this Division in this petition is whether under the facts and circumstances of the present case the impugned order was justified in terms of Order XXI, rule 83(1) of the Code of Civil Procedure. On this point we have come across a d......ision (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badrazzaman J Mosharef Hossain (Md.).............................Petitioner Vs. Bangladesh and others..........................Respondents Judgment November..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
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