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AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ......second milestone case is Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111 was observed inter alia that: .........Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the C......seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......er then went on to describe how candidates obtained pass certificate from Chittagong University for various subject without passing the examination by means of corruption, forgery of paying huge amount of bribe. Similarly Grades were upgraded. From the report it appears that this is a common ph..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 14
Amirul Islam (Md.) Vs. Commissioner of Customs Chittagong and others, 2014, 43 CLC (HCD)
.... order positively. In the result, the rule is disposed of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ...... order positively. In the result, the rule is disposed of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ......g the goods forthwith. 2. At the time issuing Rule this Division directed the respondents to assess and release the imported goods, provisionally by accepting Bank Guarantee for the differential amount. 3. The fact leading to the Rule, in short, is that the petitioner is the proprietorship..Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ......inimum 30% (thirty percent) shares of the paid-up capital of the company. The sponsors/promoters and directors holding less than 30% (thirty percent) shares shall acquire the rest amount within 6 (six) months of issuance of this Notification. (b) .........................Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
....d 31-6-2009. It was further intimated that the writ-petitioners should make payment of Taka 26, 10,546 (Taka twenty six lakh, ten thousand and five hundred forty six) only within 31-11-2009 by 6(six) installments. Pursuant to the letter dated 31-6-2009, the writ-petitioners paid Taka 2, 00,000 and 2......hereinbefore. The Artha Rin execution case in question (No.560 of 2004) shall stand satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ......rty of one Shahidul Islam was mortgaged with the decree-holder-Bank as security of the loan. Writ-petitioner No.1, the loanee became defaulter and in spite of several reminders did not repay the loan amount and by lapse of time the dues stood at Taka 28, 59,333 as on 27-4-2003 including the interest..Category: Others | Date: 24 Feb, 2014 | Hits: 15
....e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
......apers before it. Converting the High Court Division into a Magistrate's Court is least desired.
15. For the reasons stated above this Division has laid down in a number of cases certain principles that should be followed in exercising this extraordinary jurisdiction. The High Cour......named respondent No.1 before us (henceforth referred to as the bail petitioner) having accumulated foreign currencies by abusing power, resorting to corruption and money laundering, deposited an amount of 8,04,142.13 British Pound Sterling on a fixed term with Lloyds TSB Offshore Private Bank, ..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)
....y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372 ......y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372 ......emand, and the demand notice No.11 (Dabinama/ Oxygen/98 dated 21-10-1998 issued by writ-respondent No.5 requesting writ-petitioner to pay VAT on the basis of the impugned order dated 30-6-1998 for an amount of Taka 2,58,627.61 as on 30-9-1998. 3. The facts involved in this appeal, in brief, are..Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5
কবির ষ্টীল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in: ......ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in: ......৮৪ ২৭। ধারা ৮২সি Tax on income of certain person. (1) Notwithstanding anything contained in this Ordinance or any other law for the time being in force, where any amount referred to in sub-section (2) is received by, or accrues or arises, or is deemed to accrue o..Category: Fiscal/Taxation Law | Date: 17 Feb, 2014 | Hits: 7
.... can protect his right and title in that property by filing proper suit in a proper forum."
The petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 213.
...... can protect his right and title in that property by filing proper suit in a proper forum."
The petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 213.
...... Limited against respondent No.4, namely, Nurul Islam Chowdhury for realization of the outstanding loan. The mortgaged property was sold in auction for the purpose of realization of the decretal amount. At this stage, the petitioners herein on 11-2-2010 filed an application under Order XXI, rul..
Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
...., we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......, we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......agricultural and non-agricultural properties. There is no scope for encroaching upon the domain of legislature by importing the words 'rural area' in section 5 and addition of such words will amount to legislation by the judiciary which is not at all permissible........................(23) ..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......f under the aforesaid provision. It is thus apparent that this is an alternative remedy in cases of wrongful-obtainment of such orders, if any, and it does not in any way interfere with the principles regulating suits for damages for torts-of malicious legal process. As a general principle......রিয়া লইবার অধিকারী রহিলেন।” 3. The above direction suggested that while passing the decree for ejectment, it also decreed compensation but the amount of compensation had not been specified and stated that the amount would be calculated an..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ......t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ......ting the application filed under section 57 of the Artha Rin Adalat Ain, 2003 (the Ain, 2003) for cancellation of the auction sale held on 10-11-2008 and allowing him to give chance to repay the loan amount. 3. From the impugned judgment and order of the High Court Division, it appears that sev..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
....peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 257
...... a a considerable period thereby BADC had rejected “the prayers for voluntary retirement of the respondents by implication. It is not possible to accept the contention because as a general principle, one who knowingly accepts the benefits of the offer is estopped to deny the validity and ......d'Taka 3, 65,120 on 23-11-2002 and Taka 16, 610 on 31-7-2004. The respondent No. 4, Md Abdur Rashid Mondal prayed for voluntary retirement from his service with effect from 30-9-1994. The payable amount against his retirement benefits was Taka 2, 62,729. He received Taka 76,737 on 12-5-2003 and ..
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
....ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
......tution disowns arbitrariness in State action and ensures fairness and equality of treatment to all the citizens. It is attracted where equals are treated differently without any reasonable basis. The principle underlying the guarantee is that all persons in similar circumstance shall be treated......rates and the Government employees will accumulate himself from the proceeding of corruption case under the pretext of section 32ka of the Amendment Act, 2013. The action is discriminatory as it amounted to discrimination on the ground of discrimination against the vast numbers of people of the..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ......erpreted the sale deed exhibit-1 dated 25-11-1962 and thereby committed error of law in holding that the said exhibit-1 constitute a deed of mortgage and not a deed of out and out in view of the principle of law as laid down in the cases reported in 1951 PLR page 349 and in the case reported in......tion of the parties was to make it a mortgage by conditional sale. The mortgage was to be redeemed within 10 years. The mortgagees enjoyed the mortgaged properties for over 15 years for the principal amount and maximum interest available to the mortgagees thereon. Anukul Dutta and Natun Dutta were c..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Mortuz Ali Khalifa Vs. Jobeda ® Kalu Bibiand others, 2014, 43 CLC (AD)
....ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ...... of Md. Nawab Ali, Advocate-on-Record—For the Appellant. None Represented—For Respondents. Recall the plaintiffs' witnesses for cross-examination It is a cardinal principle of law that every party to litigation must be given opportunity to place his case with rel......ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ..Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....nt issued process upon the opposite party 2, who voluntarily surrendered before the Chief Metropolitan Magistrate and obtained bail on furnishing an undertaking that he would pay the entire amount by installments. The cases being ready for trial were sent to the Metropolitan Sessions Judge, Dhaka, w......dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......te party 2. 3. The petitioner had filed both the complaint cases on the allegations, inter alia, that opposite party 2 had given him two cheques both dated 11.02.2008 one being No.SSD14872for an amount of taka seventy lac fifty-two thousand two hundred twenty-six (70,52,226/-)only and another b..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
.... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ......rrender before the trial Court in compliance with its order dated 8-3-2003 and filed the revisional application as a fugitive before the High Court Division, which is incompetent according to settled principles of law. At the same time, this Division directed the Metropolitan Sessions Judge, Dhaka t...... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ..Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ....... Mr. Asaduzzaman, learned Advocate, appearing for the defendant-appellant, submits that, the impugned judgment is totally a wrong judgment as the learned Judge failed to consider that it is cardinal principle of law that plaintiff is to prove his case but learned Judge did not at all considered the......ement and convinced Western Union to deposit more or less US $ 75,000 within 15 days of the execution of the said agency agreement and accordingly, Western Union did the same. The deposit of the said amount was with a condition imposed on the defendant by Bangladesh Bank through permission letter. P..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......tion of the judiciary is to do justice between the parties who bring their causes before it. If the primary function of the Court is to do justice in respect of causes brought before it, then on principle, it is difficult to accede to the proposition that in the absence of specific provisi......idence any statement recorded by a Magistrate or an Investigation Officer being a statement made by any person who, at the time of the trial, is dead or whose attendance cannot be procured without an amount of delay or expense which the Tribunal considers unreasonable. (3) A Tribunal shall not ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
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