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Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....ppeal 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 case is finally disposed of. Vide Chandra Kumar Maladas Vs. Abdul Motaleb, 19 DLR (SC)...... a person whose interest subsists throughout the course of the application to preempt and not a person who held such an interest in the beginning, but lost it before its disposal. The above decision was noticed with approval in the case of Md. Mofizuddin Vs. Abdul Hakim, 33 DLR (AD) 305. ..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
....y Mvi Md Wahidullah, Advocate-on-Record—For the Appellant. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Criminal Appeal No. 53 of 2003 (From the judgment and order dated 24th of March , 2003 passed by the High Court Division in Criminal Revision No. 227 of 2003) ...... 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
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
....ash;For the Respondent. Civil Appeal No.279 of 2002 (From the judgment and Border dated 25th of March, 2001 passed by the High Court Division in Reference Application No.43 of 1997) ......efore the Taxes Appellate Tribunal. The Tribunal directed the revenue authority to accept the sale as disclosed by them and also reduced the 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. ..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....ocates—For the Respondent First Appeal No. 62 of 2012 Judgment Sharif Uddin Chaklader J.—This appeal, at the instance of the defendant, directed against judgment and decree dated 25-9-2011 passed by the learned Joint District Judge, 1st Court, Dhaka decreeing Title Suit No......also required no objection letter from National Bank Ltd., as there was an exclusive agency agreement executed between Western Union and National Bank Ltd., since 1993. Subsequently on the basis of a decision of the Board meeting of the directors of the defendant, the defendant agreed to approach th..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....torney-General, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondent. (In both the cases) Criminal Review Petition Nos.17-18 of 2013. (From the judgment and order dated 17-9-2013 passed by the Appellate Division in Criminal Appeal Nos.24-25 of 2013) Judgment......s of justice as may be necessary. Considering the rights which are conferred upon the parties by substantive law to prevent abuse of the process of law, it is the duty of all Tribunals to correct the decisions which run counter to the law. 15. We are not unmindful that the duty of the Court is ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
....-on-record—For Respondent. Khurshid Alam Khan, Advocate, with leave of the Court—For Anti-Corruption Commission. Criminal Appeal No.22 of 2004. (From the judgment and order dated 2nd of July, 2003' passed by the High Court Division in Criminal Appeal No. 2907 of 1999) ...... Division has acquitted the accused person on the ground that such defect the charge is not curable under section 537 of the Code of Criminal Procedure (the Code). In this regard he has referred to 4 decisions in the cases of Md. Abdul Bari Molla Vs. State reported in 17 BID (1997) 223=3 BLC 474, Md..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)
....kh Md. Rafiqul Islam (Babul), Managing Director of M/s Sigma Garments Industries Ltd., this Rule Nisi was issued calling upon the respondent Nos. 1-3 to show cause as to why the order No. 187/Pro: B: dated 18-11-2007 passed by the respondent No.2, District Judge Chittagong so far as it relates to co......s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ..Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6
....0-2011 stating inter alia that as per article 23 of the constitution of the trade union in question, on a schedule declared by a three members election subcommittee constituted in its general meeting dated 27-7-2010, eight members executive committee for two years was declared unopposed on 27-8......yan, an Advocate of Narsingdi Bar as President was a nullity and outside the scope of law. In the circumstances, pursuant to a resolution taken in the general meeting of the Union held on 19-8-2011 a decision was taken for holding of an election of the union on 15-10-2011 and for the said purpose a ..
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)
....Aftab Hossain, Advocate-on-Record—For Respondent No.3. None represented—Respondent Nos.1-2. Civil Petition for Leave to Appeal No.2228 of 2011. (From the judgment and order dated 21-7-2011 passed by the High Court Division in Writ Petition No.6385 of 2010). Judgment ......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. ..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
.... confirming appeal order regard to assessment under section 84/937 92(1) when services of notices were not served to the applicant before assessments? (c) Whether the Inspector's report dated 12-2-2002, can be the basis of the assessment without affording any opportunity to the applica......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 ..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....2. Judgment Abu Bakar Siddiquee J.— This Criminal appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against the judgment and order of conviction and sentence dated 02-7-1992 passed by the learned Judge of the Special Tribunal No. 4, Dhaka in Special Case No.......Ļ¤āĻžāĻ°āĻžāĻ āĻāĻāĻ¨āĻžāĻĻā§āĻˇā§āĻā§ āĻĻā§āĻāĻāĻžā§āĻāĻž āĻšāĻāĻ¤ā§ āĻāĻžāĻāĻž āĻ¨ā§āĻā§āĻž āĻŦā§-āĻāĻāĻ¨ā§ āĻšā§ āĻ¨āĻžāĻāĨ¤” 55. A reference may be made from a decision enunciated in the case of Hasanuddin Sarker Vs. State, reported in 34 DLR 287 wherein it ha..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)
...., Advocate-on-Record—For Respondent Nos.1 and 48. None Represented—Respondent Nos.2-47. Civil Petition for Leave to Appeal No.753 of 2010. (From the judgment and order dated 23-08-2009 passed by the High Court Division in Civil Revision No.3046 of 2008). Judgment......ourt Division. Therefore, the High Court Division did not have the opportunity to address the question now raised by the learned Advocate for the petitioners. 15. The findings arrived at and the decision made by the High Court Division having been based on proper appreciation of laws and facts ..Category: Procedural Law | Date: 10 Oct, 2013 | Hits: 12
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
.....3. (In Criminal Appeal No.31 of 2004) None represented—Respondent Nos.1-2. (In Criminal Appeal No.31 of 2004) Criminal Appeal Nos.30 and 31 of 2004. (From the judgment and order dated 9-2-2003 passed by the High Court Division in Criminal Miscellaneous Case Nos.2788 of 2000 and......he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....oner calling upon the respondents to show cause as to why the auction notice published by the respondents under section 12 of the Artha Rin Adalat Ain, 2003, in the 'daily Ghaghat', Gaibandha dated 13-11-2008 (Annexure-"A'), and on the basis of the notice, if any, auction had taken ......costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
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Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
.... Ahmed J.— In this application under Article 102 of the Constitution a Rule Nisi was issued tailing upon the respondents to show cause as to why the Impugned Order vide Memo No. Ma Gu Da Aa 912 dated 12-2-2011 (Annexure-J) signed and issued by the Respondent No. 10 purporting to dismiss the pe......n the application and the provisions of Articles 102(1) and (2). 4. The purpose of the enquiry made of the amicus curiae has been to ascertain the extent of judicial reviewability of actions and decisions of ostensible private bodies but which nevertheless operate in the public domain. Mr. Mahm..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....in, Advocate-on-Record—For Respondent Nos.2-4. None represented—For Respondent No.1. Criminal Petition for Leave to Appeal No.563 of 2012. (From the judgment and order dated the 21st day of May, 2012 passed by the High Court Division Criminal Revision No.348 of 2012).......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....ndent Nos.1-5. SM Moniruzzaman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record—Respondent No. 5. Civil Appeal No. 326 of 2002. (From the judgment and order dated 6-11-2000 passed by the High Court Division in Writ Petition No.3426 of1999). Judgment ......ot; 11. Before addressing the questions raised in this appeal, it is necessary to go through the material finding of the High Court Division quoted as under: "Thus, from the decision Nos.1 and 2 of the NBR it is clear that VAT has been exempted in respect of the contra..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Satsang Bangladesh, D. Pakutia Vs. Peopleâs Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....ty No. 3. Civil Revision No. 2484 of 2010. Judgment Soumendra Sarker J.— The Rule issued calling upon the opposite parties to show cause as to why the impugned judgment and order dated 29-4-2010 passed by the learned Special Judge, Pabna in Miscellaneous Appeal No.2 of 2008......that the application for temporary injunction is liable to be rejected. There is no misreading or non-reading of evidence and non-consideration of material fact resulting in an error in the decision occasioning failure of justice by which the order of the appellate Court can be interf..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)
....y Md. Taflque Hossain, Advocate-on-Record—For the Respondents. (In both cases) Civil Petition for Leave to Appeal No.1923 of 2012 with CP No.2051 of 2012. (From the judgment and order dated the 21st day of November, 2011 passed by the High Court Division in Writ Petition Nos.8079 and......other or further order or orders be passed as to this Court may seem fit and proper." 5. The only question involved in the two writ petitions was whether the writ-respondents could take any decision or issue any circular or in other words, could frame any service rules to put the respectiv..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
....ahmudul Islam, Sr Advocate instructed by Md. Zaliirul Islam, Advocate-on-Record—For the Respondents.
Civil Petition for Leave to Appeal No. 628 of 2011.
(From the judgment and order dated the 14th day of February, 2011 passed by the High Court Division in Writ Petition No. 4 of 200......ct.
When the application for cancellation of the VAT registration was filed under section 19(1) of the Act, it was the duty of the concerned VAT authority to move in the matter and give his decision. The concerned VAT authority must have remembered that he, being a Government functionary, ..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
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