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Pannu @ Md. Pannu Mia & others Vs. State, 2014, 43 CLC (HCD)
....ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ......Md. Ziaul Karim J. - By this Rule the accused-petitioners have challenged the legality and propriety of the order dated 15-5-2000 passed by learned Additional District Magistrate, Gazipur allowing an application of holding further investigation in Joydebpur Police Station Case No. 34(12)98, cor..Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2
....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
......rt Division rightly held so.
11. Mr. Probir Neogi, appearing on behalf of the respondent in Civil Appeal No. 47 of 2012, submits that the respondent Md Rafiqul Alam initially though submitted an application for voluntary retirement but the same was not accepted and by the impugned order he had ..
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
....1 passed by the Joint District Judge and Judge of the Artha Rin Adalat, Narayanganj in Title Appeal No. 224 of 2010 is set-aside and the appeal is sent back to the Court of Appeal below on remand for fresh hearing in the light of the observations made in the body of this judgment and in accorda......the Petitioner. Md. Nurul Amin with Sheikh Taimur Reza Hassan, Advocates—For the Opposite-Party. Civil Revision No. 2960 of 2011. Judgment Moyeenul Islam Chowdhury J.- On an application under section 115 of the Code of Civil Procedure, 1908, a Rule was issued calling upon t..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
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. ...... by his judgment and order dated 29-7-1998 allowed the appeal. 6. Being aggrieved by and dissatisfied with the judgment and decree passed by the appellate Court, the plaintiff filed a revisional application before the High Court Division and obtained Rule in Civil Revision No.4621 of 1998. The ..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 ......man Ali J. - This civil appeal by leave is directed against order dated 7-12-1999 passed by a Single Bench of the High Court Division in Civil Order No.5046 of 1999 summarily rejecting the revisional application filed by the appellant. 2. Mortuz Ali Khalifa, appellant herein, was defendant No.1..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)
....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: ...... in Special Session Case No.08 of 2010 arising out of C.R. Case No.5515 of 2008 under section 138 of the Negotiable Instrument Act, 1881 discharging opposite party 2 Md. Syed Rejaul Karim Salim on an application under section 265C of the Code of Criminal Procedure, while Rule in the latter was issue..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....er appreciation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. ......s Judgment January 20, 2014. Result: The petition for leave to appeal is dismissed. A pre-emptor must not only have a subsisting interest in the holding when he files an application for pre-emption but must continue to hold the self-same interest to the date when the ca..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
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 ......ellip;…………Respondent Judgment January 15, 2014 Result: The appeal is accordingly allowed. No Court of law can give any protection or entertain any application by a person Fugitive from Justice An accuse person who avoids the process of any co..Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
....he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ......rate of gross profit to 20% from 25% holding that the decision was taken by the appellate authority on comparison of records with parallel cases. 5. Against the said order the appellant filed an application under section 160 of the Income Tax Ordinance before the High Court Division stating tha..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
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 ......intiff as per terms of the agreement has no legal right to file the suit. Learned Advocate further submits that the decision relied by the learned Judge in arriving at the decision have no mariner of application on the facts of the given case. 9. Mr. Raghib Rouf Chowdhury, learned Advocate, app..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... article titled 'Adjudicating Core International Crimes Cases in which Old Evidence is introduced', that if someone gives testimony in Court, it is quite hard to say whether it is old or fresh evidence. The legal approach does not produce a fully satisfactory answer to the challeng......and therefore, are not expected to issue a direction in contravention of law or to direct the statutory authority to act in contravention of law. 26. Article 104 of the Constitution will have no application in this case for, the Act of 1973 is a protected law. Clause (2) of Article 47A takes aw..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
.... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ......before judgment is pronounced, the alteration or addition must be read and explained to the accused. In the instant case it transpires from the order sheet that on 17-11-1999 the prosecution filed an application for splitting the charge since the offences took place over a period more than one year...Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)
.... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ......bu Saleh Md. Fazle Rabbi Khan, Assistant Attorney General-for the State. Criminal Revision No. 120 of 2005 Judgment Md. Ruhul Quddus J.- This Rule at the instance of an informant was issued on an application under sections 435 and 439 of the Code of Criminal Procedure challenging the judgment an..Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24
Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ধ্যাদেশ, ২০০৯” pursuant to which 4.5% VAT had been imposed upon the private medical College. Accordingly, she submits that there remains no cause of action to maintain this application as such, it should be discharged as being infructuous. 11. Heard the learned Advoc..Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24
....y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
......However, in the midst of process suddenly the first party-respondent filed the BLA Case and obtained interim order halting the process of election.
6. Second party-petitioners also filed an application before the labour court below on 23-10-2011 for dismissing the BLA case on maintain..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ......epositing the auction money. On that date, respondent No.3, the auction purchaser, prayed for time for depositing the auction money and the writ-petitioners as the judgment-debtors filed another application for staying all further proceedings of the execution process and expressed their in..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ...... Tribunal). The Tribunal upon hearing disallowed the appeals and affirmed the order of the AJCT by a consolidated order dated 9-9-2003. 6. In the above backdrop, these three income tax reference applications have been filed posing the following identical questions for answers by the court: ..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......Taka 5,32,149.56) for the contract service period as secretary from the fund of his ministry without making any adjustment the previously received money. The convict-appellant has submitted a written application during his examination under section 342 of the CrPC wherein he.asserted in the followin..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
Zakir Hossain and another Vs. Md. Shahnewaz and others, 2013, 42 CLC (AD)
....s and facts do not warrant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ......008 condoned the delay and admitted the appeal for hearing. 3. Being aggrieved by and dissatisfied with the judgment and order dated 23-6-2008, the plaintiffs-petitioners filed a revisional application before the High Court Division and obtained Rule in Civil Revision No.3046 of 2008. Afte..Category: Procedural Law | Date: 10 Oct, 2013 | Hits: 12
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ......for restoration of possession in the suit land by respondent No.1. 3. The petitioner contested the Miscellaneous case by filing written objection denying the material statements made in the application filed under Rules 100 and 101 of Order XXI read with section 151 of the Code of Civil&nb..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
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