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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: ...... 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: ......ittal, unless there is non-consideration or misreading of evidence, or miscarriage of justice arising out of misconception of law, gross procedural irregularities and apparent harshness of treatment. Generally an accused enjoys the presumption of innocence and an accused acquitted on trial acquires ...... Code of Criminal Procedure challenging the judgment and order dated 06.11.2004passed by the Additional Sessions Judge, Second Court, Noakhali in Session Case No. 11 of 2002 (arising out of Sonaimuri Police Station Case No.1 dated 04.01.2001corresponding to G.R. No. 156 of 2001) acquitting opposite ..Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24
Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)
....r, Mr. Sharif Uddin Ahamed got promotion as Additional District Judge and his promotion was given effect by office order No.742- Bichar-3/(IT,2/2001 dated 11-11-2007 issued under the signature of the Deputy Secretary (Administration), Judicial Section-3, Ministry of Law, Justice and Parliamentary Af......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. ......ined under law since it has been passed by the respondent No.3 Additional District Judge under his direction which he cannot do under the law. 8. Mr. SM Moniruzzaman, the learned Deputy Attorney-General appearing for the respondent No.1 by filing affidavit in opposition opposes the Rule. He sub......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
Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....s……Respondents Judgment November 20, 2013. Result: The Rule is discharged. Lawyers Involved Abdus Satter Babul, Advocate-For the petitioner. Ms. Amatul Karim, Deputy Attorney General with Ms. Nusrat Jahan, Aaaistant Attorney General- For the respondent-gove......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: ......ts Judgment November 20, 2013. Result: The Rule is discharged. Lawyers Involved Abdus Satter Babul, Advocate-For the petitioner. Ms. Amatul Karim, Deputy Attorney General with Ms. Nusrat Jahan, Aaaistant Attorney General- For the respondent-government. Wri......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: ..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
......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
......ation No. Dhaka-4557, obtained this Rule,on 27-10-2011, challenging the proceedings of BLA Case No. 1534 of 2011 brought before the First Labour Court, Dhaka by-respondent No. 1 describing him as the General Secretary of same trade union.
2. Respondent No. 2 as first party brought the BLA Case ......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
..
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. ......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. ......tute. 16. The case cited above is different from the case in hand and, as such, it has no manner of application. In addition the term "District Judge" according to section 3(15) of the General Clauses Act has to be taken as the principal civil Court of the original jurisdiction. The t......00 upto 2-11-2010 towards payment of loan payable to HBFC. 20. The auction took place in respect of 400 square feet of Government Plot No.8, Block-A, Avenue-2, Section-11, Mirpur Housing Estate, Police Station-Mirpur, Dhaka, together with the building thereon. 21. On 22-6-2010, the auction..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ee for rebuttal of the Inspector's report was neither taken before the Tribunal nor decided by the Tribunal. 11. Appearing with the leave of the Court, in reply, Mr Md Abu Amzad, the learned Deputy Attorney-General on behalf of the respondent-department being assisted by Ms. Mahfuza Begum, ......g was correct in law in 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 opp......of the Inspector's report was neither taken before the Tribunal nor decided by the Tribunal. 11. Appearing with the leave of the Court, in reply, Mr Md Abu Amzad, the learned Deputy Attorney-General on behalf of the respondent-department being assisted by Ms. Mahfuza Begum, the learned Assi......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)
....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 ......type of letter should be forwarded to the Secretary, Ministry of Industry through him. He denied the suggestion put to him during the course of cross-examination. 45. P.W.17 MA Kabir is the Inspector, DAB Dhaka. He deposed that the DACO, Dhaka MA Mannan sent a requisition to him for holdin......, উল্লেখিত আইন দুটি পরস্পর বিরোধী। তদাবস্থায় ফৌজদারী কার্যবিধি সাধারণ আইন (General Law) আইন বিধান এবং ১৯৫৮ সনের ফৌজদারী আ...... The fact, relevant for disposal of this appeal may briefly be stated as follows. 3. One MA Mannan an Officer of Anti-Corruption on 29-1-1991 as informant lodged the FIR with the Motijheel Police Station against the convict-appellant alleging inter-alia that in course of rendering service..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
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. ......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. ......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. ......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. ..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
....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.
......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.
......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.
......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.
..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......o be satisfied before the determination can have any effect on such legal rights or liabilities. That subsequent condition may be a later determination by another tribunal (see R Postmaster General. Ex p. Carmichael [1928] I KB 291), Rv Boycott. Ex p. Keasley ([1939J2 All ER 626. [1939J2 K......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....ucted by Md. Aftab Hossain, Advocate-on-Record—For the Appellants. Shamim Khaled, Advocate, instructed by Firoz Shah, Advocate-on-Record—For Respondent Nos.1-5. SM Moniruzzaman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record—Respondent No. 5. C......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......ab Hossain, Advocate-on-Record—For the Appellants. Shamim Khaled, Advocate, instructed by Firoz Shah, Advocate-on-Record—For Respondent Nos.1-5. SM Moniruzzaman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record—Respondent No. 5. Civil Appeal No. ......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......nterim order of status quo. 6. Mr. AJ Mohammad All with Mr. Rowshan Alum Khan, the learned Advocates appeared on behalf of the petitioner while Mr. Sukumar Biswas, the learned Assistant Attorney-General and Mr. Probir Neogi the learned Advocate appeared on behalf of the opposite party Nos. 1, 2......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
....ay or that way and, for no reason and logic, he could just sit over the matter………………………(15)
Lawyers Involved:
SM Moniruzzaman, Deputy Attorney-General instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner.
......no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
......nd, for no reason and logic, he could just sit over the matter………………………(15)
Lawyers Involved:
SM Moniruzzaman, Deputy Attorney-General instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner.
Mahmudul Isla......no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....a procession on 11-10-1995 and, thereafter, went to the Police Station but the Officer of the Police Station declined to record the First Information Report (FIR). A memorandum was handed over to the Deputy Commissioner and the Superintendent of Police'. Ultimately on 24-10-1995 the police accep......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......286 and Md. Abdul Hamid Mollah Vs. Ali Mollah, 13 BLD (AD) 127 = 44 DLR (AD) 223; Md. Iqbal Vs. State of Jharkhand, AIR 2013 SC 307. Lawyers Involved: Momtazuddin Fakir, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record—For the Appellant. None Represented......e decision of the meeting the informant went to meet the victim on 8-10-1995 at the house of Chand Ali. After that the Mohila Parishad took out a procession on 11-10-1995 and, thereafter, went to the Police Station but the Officer of the Police Station declined to record the First Information Report..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....: The appeals are allowed. Case Referred to- Saifur Rahman Vs. Bangladesh through the Secretary, Ministry of Agriculture, (1989) 41 DLR 538. Lawyers Involved: Md.Shohrowardi, Deputy Attorney-General, Instructed by Md. Ferozur Rahman, Advocate-on-Record—For the Appellan......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......ls are allowed. Case Referred to- Saifur Rahman Vs. Bangladesh through the Secretary, Ministry of Agriculture, (1989) 41 DLR 538. Lawyers Involved: Md.Shohrowardi, Deputy Attorney-General, Instructed by Md. Ferozur Rahman, Advocate-on-Record—For the Appellant. (In all the a......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
.... Muhammad Sadiq Javeed Vs. State 21 DLR (WP) 62. Lawyers Involved: Abdur Rezzaque Khan with Fida M Kamal and Md. Tauflq Sajawar, Advocates—For the Appellant. Md. Khurshedul Alam, Deputy Attorney-General with, Md. Abdul Bari, Assistant Attorney-General and Mahmuda Parveen, AAG&md......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......Javeed Vs. State 21 DLR (WP) 62. Lawyers Involved: Abdur Rezzaque Khan with Fida M Kamal and Md. Tauflq Sajawar, Advocates—For the Appellant. Md. Khurshedul Alam, Deputy Attorney-General with, Md. Abdul Bari, Assistant Attorney-General and Mahmuda Parveen, AAG—For the Stat......he judgment and order dated 16-11-2008 passed by the learned Special Judge, Court No. 9, Dhaka in Special Case No. 26 of 2008 arising out of Metro Special Case No.139 of 2008 corresponding to Shahbag Police Station Case No. 27 dated 14-5-2008. By the impugned judgment and order, the learned Special ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......under.
286. The facts necessary for disposal of the Rule, as has been stated by the petitioners, in brief, is that the Election Commission (hereinafter referred to as the EC) with a view to hold General Election for constitution of the 9th Parliament and also to bring the political parties of B......hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....n AIR 1980 (SC) 881.
59. None of the cases is found to be exactly on point except Kunda S. Kadam. In Kunda S. Kadam an in-service employee of Bombay Municipal Corporation applied for the post of Deputy Municipal Commissioner of the same Corporation with the recommendation of the Public Service ......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......to be registered with the Commission subject to conditions laid down in Article 90B of the RPO. The BJI accordingly made an application to the Commission on 20.10.2008 through its Secretary General for registration. A Scrutiny Committee was formed for examination of the documents submitted......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
....ax Identification Number 071-100-2758 of the Companies Circle-8, Dhaka. The assessee submitted her income tax returns for the assessment years 1996-1997, 1997-1998, 1998-1999 and 1999-2000 before the Deputy Commissioner of Taxes, Companies Circle-8, Taxes Zone-3, Dhaka (briefly stated as the DCT) sh...... were not disposed of on merit within time was not considered by the AJCT for the aforesaid assessment years. Rather, he on examination of the materials on record as well as the enquiry report of the Inspector of Taxes decided that the appeals may be heard and disposed by him at the relevant time.
......reference applications were filed in the year 2004 i.e. very old pending matters, we are inclined to dispose of the reference applications on merit.
8. Md. Abu Amjad, the learned Deputy Attorney General assisted by Ms. Mahfuja Begum, the learned Assistant Attorney General takes us through the r......t of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3
Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ax Identification Number 071-100-2758 of the Companies Circle-8, Dhaka. The assessee submitted her income tax returns for the assessment years 1996-1997, 1997-1998, 1998-1999 and 1999-2000 before the Deputy Commissioner of Taxes, Companies Circle-8, Taxes Zone-3, Dhaka (briefly stated as the DCT) sh...... were not disposed of on merit within time was not considered by the AJCT for the aforesaid assessment years. Rather, he on examination of the materials on record as well as the enquiry report of the Inspector of Taxes decided that the appeals may be heard and disposed by him at the relevant time. ......rence applications were filed in the year 2004 i.e. very old pending matters, we are inclined to dispose of the reference applications on merit. 8. Mr. Md. Abu Amjad, the learned Deputy Attorney General assisted by Ms. Mahfuja Begum, the learned Assistant Attorney General takes us through the r......ngladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 2
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