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Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176. ......, instructed by Md. Nurul Islam Bhuiya, Advocate-on-Record—For Respondent Nos.1-8. None Represented—Respondent Nos.9-22. Civil Appeal No.153 of 2008. (From the judgment and order dated 20-8-2006 passed by the High Court Division in Civil Revision No.1104 of 1993). Jud......is Case is also Reported in: 65 DLR (AD) (2013) 176. ......ate, instructed by Sufia Khatun, Advocate-on-Record—For the Appellants. Ziaur Rahman, Advocate, instructed by Md. Nurul Islam Bhuiya, Advocate-on-Record—For Respondent Nos.1-8. None Represented—Respondent Nos.9-22. Civil Appeal No.153 of 2008. (From the judgment..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)
....patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ......or the Respondent. Criminal Petition for Leave to Appeal No. 27 of 2014. Order Md. Muzammel Hossain CJ.- This petition at the instance of Durnity Daman Commission is against an interim order enlarging respondent Jesmin Islam, wife of Tanvir Ahmed, 205/4, Begum Rokeya Sharani, West Kaf......his petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ......iminal) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Durnity Daman Commission.........................Petitioner Vs. Jesmin Islam and another……………...................Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)
....used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ......or the Respondent. Criminal Petition for Leave to Appeal No. 27 of 2014. Order Md. Muzammel Hossain CJ.- This petition at the instance of Durnity Daman Commission is against an interim order enlarging respondent Jesmin Islam, wife of Tanvir Ahmed, 205/4, Begum Rokeya Sharani, West Kaf......d judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ......riminal) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Durnity Daman Commission........................Petitioner Vs. Jesmin Islam and another…………................Responden..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
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. ...... such expense, or injury which the claimant suffered by reason of arrest or attachment or injunction. It follows that the claimant has to plead in his petition or in the plaint that by reason of such order he has suffered loss or expense or injury, for which, he claims compensation. General dam......to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......igh Court Division seriously erred in law in not deciding the point though noticed in the judgment.......' In course of the hearing of the leave petition as well, it was urged that 'the petitioner (appellant) is not liable to pay damage of Taka 5,000 a day for staying in the premises ev..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. ......ction cannot be conferred to a Court it is found that the Court which heard or disposed of the suit or the case had no jurisdiction to hear such suit or case as the case may be. Because the decree or order passed by a Court without jurisdiction is a nullity and such nullity, in no way, is curab......l pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ...... Md. Abdul Wahhab Miah Hasan Foez Siddique J AHM Shamsuddin Choudhury J Selim Hossain (Md.)...………………..............Petitioner Vs. Shahabuddin Ahmed and others .............Respondents Judgment&n..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
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. ......e. Moreso, he failed to record the statements of some important witnesses under section 161 of the Code of Criminal Procedure. The accused petitioners have no authority to challenge the impugned order inasmuch as by the order of further investigation, they have not been prejudiced. They wi......acated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ...... High Court Division (Criminal Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J Pannu @ Md. Pannu Mia & others.............Accused Petitioners Vs. State...............................................Opposite Party Judgment..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
......pondent Nos. 6-8. (In Civil Appeal No. 45 of 2012)
None represented—Respondent Nos. 2-11. (In Civil Appeal No. 46 of 2012)
Civil Appeal Nos. 45-48 of 2012
(From the judgment and order dated 6th July, 2010, 27th September, 2010 and 8th October, 2009 passed by the High Court Divi...... No. 47 of 2012 is dismissed
Civil Appeal No. 48 of 2012 is allowed
Constitution of Bangladesh, 1972; Article 102(2)
Whether employees who opted for voluntary retirement pursuant to or in response of a special scheme floated by the Bangladesh Agricultural Development Corporation (BADC......Respondent Nos. 1-5. (In Civil Appeal No. 45 of 2012)
Probir Neogi, Advocate, instructed by Taufiqiie Hossain, Advocate-on-Record—For the Respondent. (In Civil Appeal No. 47 of 2012)
None represented—Respondent Nos. 6-8. (In Civil Appeal No. 45 of 2012)
None represented&md..
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
.... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ......the value does not exceed twenty-five thousand Taka shall be cognizable by a Court of Small Causes. Sub-section (3) of section 15 of the Act provides that subject as aforesaid, the Government may, by order in writing, direct that all suits of a civil nature of which the value does not exceed thirty ....... Result: The Rule is made absolute. Small Causes Court Act (IX of 1887); Section 15(2) (3) Jurisdiction of Small Causes Court— Subject to the exceptions specified in the second schedule and to the provisions of any enactment for the time being in force, all ......t High Court Division (Civil Revisional Jurisdiction) Present: Moyeenul Islam Chowdhury J Shafique Ahmed………………................Petitioner Vs. Md. Abdul Latif Bhuiyan........................Opposite-Party Judgment ..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
....n Commission (Amendment) Act, 2013, by which power given under sections 17(j), 20(1), (2) and 24 of the Anticorruption Commission Act, 2004 to the Commission has curtailed. By referring the news item published in the Daily Star dated 22-11-2013, Mr. Murshid submits that the outburst of acting Chairm......e Constitution of Bangladesh as being violative of the fundamental rights guaranteed under Articles 26(1)(2), 27 and 31 of the Constitution (annexure-"A”) and/or pass such other or further order or orders as to this court may seem fit and proper".
2. The averments figured in the......irected to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
......
High Court Division
(Special Original Jurisdiction)
Present:
Quazi Reza-ul Hoque J
ABM Altaf Hossain J
Human Rights and Peace for Bangladesh and others..........Petitioners
Vs.
Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others..............Responden..
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. ......passed by the High Court Division in Civil Revision No.4621 of 1998). Judgment Syed Mahmud Hossain J.- This appeal by leave by the defendants-appellants is directed against the judgment and order dated 23-7-2001 passed by the High Court Division in Civil Revision No.4621 of 1998 making the......y;out any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ...... the stipulation of reconveyance embodied in the deed being prima facie an indication that the transaction is a mortgage; and (vii) purchase of stamps and payment of registration costs, the same, if done by the transferee, being indicative of a sale………………&he..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 ...... and produce any evidence at any time during the trial. The trial does not finish until pronouncement of judgment…………. (5) Civil Appeal No. 140 of 2002 (From the order dated 7th of December, 1999 passed by the High Court Division in Civil Order No. 5046 of 1999.......onths of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ......sp; Result: The appeal is allowed. Lawyers Involved: Madhu Malati Chowdhury Barua, Advocate-on-Record on behalf of Md. Nawab Ali, Advocate-on-Record—For the Appellant. None Represented—For Respondents. Recall the plaintiffs' witnesses for cross-examinati..Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1
....anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
......
Md. Wahidullah, Advocate-on-Record—For Respondent No.1
None Represented—For Respondent No.2.
Criminal Petition for Leave to Appeal No. 537 of 2011.
(From the judgment and order dated 16-6-2011 passed by the High Court Division in Criminal Appeal No. 6743 of 2007.)
J......e appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
......ossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Chowdhury J
Anti-Corruption Commission........................Petitioner
Vs.
Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku and another...........Responde..
Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 9
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: ......ame parties involving common questions of facts and law have been heard together and are being disposed of by one judgment. 2. The Rule in Criminal Revision No.823 of 2012 was issued challenging order No.22 dated 29.04.2012of the Special Sessions Court No.1, Dhaka passed in Special Session Case......n the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......Ruhul Quddus J Md. Shafayet Hossain Rana, son of late Md. Motiur Rahman, Sabbir Tower (5th Floor), 3/4, Purana Paltan, Police Station-Paltan,District-Dhaka…………..Petitioner (In both the revisions) Vs. The State and Md. Syed Rejaul Karim Salim,son of late Abd..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. ...... Md. Nawab Ali, Advocate-on-Record—For Respondent Nos.1-2. None Represented—Respondent Nos.3-23. Civil Petition for Leave to Appeal No.1751 of 2011. (From the judgment and order dated 14-6-2011 passed by the High Court Division in Civil Revision No.3451 of 2003). Jud...... is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. ......) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Abdul Hakim (Md.)………………….Petitioner Vs. Md. Nazrul Islam and others………………&helli..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 ......he Court to agitate his grievance and must surrender first to the process of justice, otherwise he remains to be fugitive from justice and could not seek aid or assistant of the process of justice in order to claim right of audience against the process of the Court issued against him.…&hellip......;ceed 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 ...... This criminal appeal by leave arises out of the order dated 24-3-2003 passed by a Division Bench of the High Court Division in Criminal Revision No. 227 of 2003 granting ad interim bail to the petitioner, Dr. Fazlur Rahman respondent herein. 2. The facts in brief are as follows: Dr...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. ......ord—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 ......der as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ......ivision (Civil) Present: Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Ali Garments Limited ................................Appellant Vs. Commissioner of Taxes...................................Respondent Judgment January 5, 2014. ..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 ......n laid down by the courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial or quasi-judicial authority while making an order affecting those rights. These rules are intended to prevent such authority from doing injustic......discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ......haka decreeing Title Suit No. 6726 of 2008. 2. Plaintiff instituted the aforesaid suit praying for decree as: (a) for a decree of Taka 6,90,13,116.90 (six crore ninety lac thirteen thousand one hundred sixteen and paisa ninety) only as on 31-10-2008 in favour of plaintiff and against the d..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....y technical Rules of evidence; and it shall adopt and apply to the greatest possible extent expeditious and non-technical procedure, and may admit any evidence, including reports and photographs published in newspapers, periodicals and magazines, films and tape-recordings and other ma......nal Attorney-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) Ju...... these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......p; Syed Mahmud Hossain J AHM Shamsuddin Choudhury J Abdul Quader Mollah .....................Petitioner (In both the cases) Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka........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. ......vocate-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 ......e as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ......e Prevention of Corruption Act, 1947. The charge was read over to the accused to which he pleaded not guilty and claimed to be tried. 5. The learned Divisional Special Judge took evidence and at one stage found that the charge framed was detective since the three years' period of defalcatio..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: ......ber 21, 2013. Result: The Rule is discharged. In a criminal revision the scope of reassessment of evidence is narrower than that in an appeal. It is also difficult to interfere with a judgment and order of acquittal, unless there is non-consideration or misreading of evidence, or miscarriage of j...... 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: ...... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Muhammad Abdul Hafiz J Md. Ruhul Quddus J Md. Abdur Rob Bhuiyan............................................Petitioner Vs. Sheikh Ahammed and others…………......................Opposite Parties Judgment N..Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24
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