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Md. Mozaffor Hossen and another Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ...... Court High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Md. Mozaffor Hossen and another..........................Petitioners Vs. Government of the People’s Republic of Bangladesh and others…......Respondents......fied that there was no intentional laches on the part of the Investigating Officer in concluding the investigation within time as has been prescribed by the legislature. Cases Referred to- State of U.P Vs. Manbodhan Lal Shriastada, AIR 1957 (SC) 1912, Aminul Islam and others Vs. Jains Fin..

Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23

Marsu Ltd and another Vs. Waliullah, FCA, Partner of M/s. Malek Siddique Wali Chartered Accountant and Receiver of Marsu Ltd, 2012, 41 CLC (HCD)

....is acquitted from the charges brought against him. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ......is acquitted from the charges brought against him. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ......sp;   ......akistan, Ministry of Law Vs. Judges of West Pakistan, Lahore, 16 DLR (SC) 535; Raizuddin Khan (Md.) Vs.Mahmudur Rahman, 16 MLR (AD) 61 = 63 DLR (AD) 29; Shahidul Haque, Inspector General of Police Vs.State, 58 DLR (AD) 150; Shukh Dev Sing Vs.Teja Sing, AIR 1954 SC 186 ; Moazzem Hossain. Vs. State, 3..

Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5

Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)

....ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......in CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Golzar Hossain, Advocate........................Petitioner Vs. Janata Bank, Ullapara Branch, Sirajgonj........Respondent Judgment July 8, 2012. Res......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143

Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)

....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ...... Present: Farah Mahbub J Abdur Rob J Ancient Traders Limited, Facy Building (2nd Floor), 87 Agrabad C/A, Chittagong-4100 and others……………………………Petitioner Vs. Chittagong Port Atuthority, Bandar Bhaban, P.S. Bandar, Chittagong and others…………......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: 21 Jun, 2012 | Hits: 20

Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)

.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......h Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Fazlur Rahman J Md. Rezaul Hasan J Aslam @ Billal & another.......................Petitioners Vs. State....................................................Respondent Judgment &nbs......ivision (Criminal Miscellaneous Jurisdiction) Present: AKM Fazlur Rahman J Md. Rezaul Hasan J Aslam @ Billal & another.......................Petitioners Vs. State....................................................Respondent Judgment   &..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10

Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)

....ended till 30th July,2012 or till publication of the election result in the offi­cial Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70.  ......ended till 30th July,2012 or till publication of the election result in the offi­cial Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70.  ...... Md. A Wahhab Mian J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J  Secretary, Bangladesh Bar Council............Petitioner Vs. AFM Faiz and others................Respondents Judgment June 18, 2012. Resu......sult: All the cases are disposed of on terms. Cases Referred to- HV Kamath Vs. Ishaque (1955)1 SCR 1104 (1126); AHM Mustafa Kamal Vs. Bangladesh, 61 DLR (AD) 10; Md. Delwar Hossain Vs. State, 2006 BLD (AD) 109; M/s Gannysons Ltd. Vs. Sonali Bank, 37 DLR (AD) 42; AFM Naziruddin Vs. Ham..

Category: Others | Date: 18 Jun, 2012 | Hits: 7

Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)

....controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......mel Hossain CJ Surendra Kumar Sinha J MA Wahhab Mian J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Dr. Tapan Kumar Dey.............Petitioner Vs. State...................................Respondent Judgment June 14, 2012. ......ain CJ Surendra Kumar Sinha J MA Wahhab Mian J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Dr. Tapan Kumar Dey.............Petitioner Vs. State...................................Respondent Judgment June 14, 2012. Result: ..

Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10

AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)

.... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ...... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ...... A Wahhab Miah J   Nazmun Ara Sultana J   Syed Mahmud Hossain J Md. Shamsul Huda J   AK Azad and another..........................Appellants Vs. Mostafizur Rahman and others..............Respondents Judgment June 13, 2012. ...... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ..

Category: Property Law | Date: 13 Jun, 2012 | Hits: 27

Secretary, Ministry of Land, People's Republic of Bangladesh and others Vs. Saiful Islam Chowdhury and others, 2012, 41 CLC (AD)

.... view of the above, it is evident, that there is no merit in this Civil Petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 832. ...... view of the above, it is evident, that there is no merit in this Civil Petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 832. ......i J Md. Shamsul Huda J Secretary, Ministry of Land, People's Republic of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka and others.....................................Petitioners Vs. Saiful Islam Chowdhury and others........................Respondents Judgment J....... That the Assistant Commissioner (Land), Companygonj, Sylhet in violation of the above mentioned memo dated 17.10.1985 initiated Miscellaneous Case No.147 of 2004-2005 under section 92 (2) of the State Acquisition and Tenancy Act, 1950 for taking over 1.54 acres of land out of that 20 acres of..

Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5

Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)

....ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ......ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ...... CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Bangladesh Biman Corporation and others..............Appellants Vs. Riaz Uddin Ahmed and others...............................Respondents Judgment June 5,......ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ..

Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388

Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

.... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ......thers……......Respondents Judgment June 5, 2012. Result: The petition is dismissed. Cases Referred to- Canada Sugar Refining Co Vs. (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006. Lawyers Involved: Rafique-ul Huq, Senior Advocate ...... Hossain CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md. Shamsul Huda J Abul Kashem.... .........................Petitioner Vs. Major General Mahmudul Hasan (Rtd.) and others……......Respondents Judgm...... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ..

Category: Election Law | Date: 5 Jun, 2012 | Hits: 217

Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)

....n have dis­charged the rule on assigning proper rea­sons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ......n have dis­charged the rule on assigning proper rea­sons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ......azmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Mofizur Rahman…………………………………………………….Petitioner Vs. The State, repre­sented by the Deputy Commissioner, Chittagong and another......................tana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Mofizur Rahman…………………………………………………….Petitioner Vs. The State, repre­sented by the Deputy Commissioner, Chittagong and another...............................

Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40

Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241   ......iah and others Vs. Bangladesh and others, in Writ Petition No.4723 of 2009 on 13-5-2010 Lawyers Involved: ABM Fazlur Rashid—For the Applicant Abdur Rahim Bhuiyan, DAG with Mafuza Begum, AAG—For the Respondent lncome Tax Reference Application No. 90 of 2003. Judgm......ion (Statutory Original Jurisdiction) Present: Zinat Ara J IBM Hassan J Grameen Telecom……………….......................Applicant Vs. Commissioner of Taxes... .............................Respondent Judgment June 3,......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241   ..

Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4

Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)

....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......Momen Vs. State, 47 DLR (AD) 96; Abdul Munem Chowdhury @ Momen Vs. The State, 47 DLR (AD) 96; Mahomed Syedol Ariffin bin Mahomed Ariff Vs. Yeah Oai Gark, AIR 1916 Privy Council 242; 61 DLR 33, Hasina Begum Vs. State, 1 BLC 315; Prafullah Kama! Bhattacharya Vs. Ministry of Home Affairs, Govt. of Bang...... Mian J Naztnun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Mehedi Hasan @ Modern (Md.) and others…….............Appellants Vs. State…………………………&helli...... Naztnun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Mehedi Hasan @ Modern (Md.) and others…….............Appellants Vs. State……………………………&hellip..

Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30

Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)

....cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ...... J Nazmun Ara Sultana J Syed Mahmud Hossain J Md.lmman Ali J       Md. Shamsul Huda J   Hedayetullah and others….......Appellants Vs. Foyjun Nessa Begum and others……………Respondents Judgment May 30, 2012.     &nb...... Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md.lmman Ali J       Md. Shamsul Huda J   Hedayetullah and others….......Appellants Vs. Foyjun Nessa Begum and others……………Respondents Judgment May 30, 2012.  &nb......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ..

Category: Property Law | Date: 30 May, 2012 | Hits: 33

Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)

....appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ............Respondents Judgment May 30, 2012. Result: The appeal is allowed. Cases Referred to- Sree Paresh Chandra Dey Gupta Vs. Abul Hossain, 33 DLR (AD) 254; Shubra Nandi Majumder Vs. Begum Mahmuda Khatun, 1990 BLD (AD) 84=42 DLR (AD) 133; Abdul Jalil Ansari Vs. Surendra Nath Basu,21......ltana J     Syed Mahmud Hossain J   Md. Imman Ali J Md. Shamsul Huda J     Bimal Chandra Sen.............................Appellant Vs. Md. Waliullah Chowdhury and others.......Respondents Judgment May 30, 2012. Result: ......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ..

Category: Civil Law | Date: 30 May, 2012 | Hits: 47

Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)

.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......with regard to real­ization of the same. ......(43) Case Referred to- Government of East Pakistan Vs. Roushan Bijoya Shawkat Ali Khan, 18 DLR (SC) 214; Government of 2 West Pakistan Vs. Begum Agha Abdul Karim Sherish Kashmiri: 21 DLR (SC) 1; Khatri Vs. State of Bihar, (1981) 1 SCC 627;......J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others…......Appellants Vs. Nurul Amin and anothers..................Respondents Judgment May 29, 2012. ......e has been enacted and its interpretation is inextricably linked with the (i) emergence of Bangladesh and framing of its Constitution, (ii) the Preamble and Article 7, (iii) Fundamental Principles of State Policy, (iv) Fundamental rights and (v) the other pro­visions of the Constitution....... (..

Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5

Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)

....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......d. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Mintu Chowdhury...............................Petitioner Vs. Khurshid Nayeem and others......................Respondents Judgment May 28 and......confirmed by order dated 05. 11.1994. Writ-respondent No.6, Abdus Sattar Chowdhury, filed Miscellaneous Case No.355 of 1968 in the First Court of Munsif, Dhaka under section 143A of the East Bengal State Acquisition and Tenancy Act (the Act) impleading Peerzada Abul Quashem, Md. Hasnain Siddiqui ..

Category: Property Law | Date: 29 May, 2012 | Hits: 12

Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)

....(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ...... Habibullah Bahadur, who became owner of the suit property by inheritance, made heba-bil-ewaj of the suit property along with other land on taking Quran Sharif and a Diamond Ring, to his wife, Ayesha Begum by registered heba-bil-ewaj deed No.1070 dated 30-3-1939. While Ayesha Begum was in possession......ellate Jurisdiction) Present: Sharif Uddin ChakladerJ Krishna Debnath J Ruhul Amin and others …………………...Plaintiff-Appellants Vs. Bangabandhu Sheikh Mujib Medical University (BSMMU) & others………Def......(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ..

Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12

S.M. Zahid Rezvi and others Vs. The Magura Pourashava and others, 2012, 41 CLC (HCD)

....ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16.     ......ellip;....Respondents Judgment May 24, 2012. Result: The order of stay is vacated. Lawyers Involved: M. Quamrul Haque Siddique with S.M. A. Sabur with Mrs. Masuda Rahman Begum—For the petitioners Mahbubay Alam, Attorney General with Md. Bodruddoza—For t......on (Special Original Jurisdiction ) Present: Farid Ahmed J Sheikh Hassan Arif J S.M. Zahid Rezvi and others………………..Petitioners Vs. The Magura Pourashava and others………………....Respond......ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16.     ..

Category: Constitutional Law | Date: 24 May, 2012 | Hits: 1