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Ranju Chandra Das Vs. Sree Radha Krishana Gour Netai Prova Jagabondhu Sundr Bigraha, 2013, 42 CLC (HCD)

....ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 117       ......ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 117       ......ellip;Petitioner Vs. Sree Radha Krishana Gour Netai Prova Jagabondhu Sundr Bigraha.........Opposite Party Judgment April 18, 2013. Result: This rule is disposed of. Lawyers Involved: Md. Zakir Hossain, Advocate—For the Petitioner. Md. Tobarrak Hossa..

Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2

Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)

....e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ..........Respondents Judgment April 16, 2013. Result: The appeal is allowed. Cases Referred to- Nurul Huda Vs. Baharuddin and others 41 DLR 395; 37 DLR 18; 37 DLR 18. Lawyers Involved: N I Bhuiyan, Advocate-on-Record-For the appellants. Momtaz Uddin Fakir..

Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8

Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)

....ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......ngladesh & others.............Respondents Judgment April 15, 2013.             Result: The Rule is discharged. Lawyers Involved: SM Rezaul Karim with Sheikh Fazle Noor Taposh with Abdur Razzak with Afia Beg..

Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3

Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)

....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211.         ......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211.         ......he State, 10 DLR (SC) 12; State of Goa Vs. Babu Thomas, (2005) 8 SCC 130; Baij Nath Prashad Tripathi Vs. State of Bhopal and Sudhakar Dube Vs. State of Bhopal PLD 1957 Supreme Court (India) 406. Lawyers Involved: Cumar Debul Dey with Mr. Sheikh Omar Sharif, Advocates—For the Petition..

Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4

ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)

....te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......nbsp;      Result: The Rule is discharged. Cases Referred to- Anti-Corruption Commission Vs. Md Enayetur Rahman, 8 LG (2011) AD 153 = 64 DLR (AD) 14. Lawyers Involved: HS Deb Brahman, Advocate—For the Petitioner. Md Khurshid Alam Khan..

Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4

Maku Rabi Das Vs. State, 2013, 42 CLC (AD)

.... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ............................Accused-Petitioner Vs. State...............................................Respondent Judgment April 3, 2013. Result: The appeal is dismissed. Lawyers Involved: Md. Helal Uddin Mollah, Advocate-For the Petitioner. Momtaz Uddin Fak..

Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16

Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)

.... of extra ordinary situations that is to say where vires of a statute is in question or where the deter­mination is malafide or where any action is taken by the executives in contravention of the principles of natural justice or where the fundamental right of a citizen has been affect­ed by ......e also kept in each writ petition, referred to above facil­itating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181   ......i-Corruption Commis­sion Vs. Enayetur Rahman 64 DLR (AD) 14; Habibur Rahman Mollah Vs. State, 61 DLR 1; Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir 62 DLR (AD) 290; 15 BLC 464. Lawyers Involved: Sheikh Fazle Noor Taposh with Imranul Kabir with Mejbahur Rahman with Khandak..

Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4

Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)

....nd better statement the defendant-respondent who has admitted him­self a. tenant under the plaintiff-petitioner cannot turn back to state that he is not a tenant and, as such, he is barred by the principle of estoppel and he cannot disown his own written statement and introduce new fact by way o...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197     .............Defendant-Petitioner-Opposite Party Judgment March 6, 2013 Result: The order is discharged. Cases Referred to- 1986 BLD (AD) 224; 47 DLR 556; 1 BLC (AD) 156. Lawyers Involved: Abdul Quayum, Advocate with Mansur Habib, Advocate—For the Petitioner ..

Category: Property Law | Date: 6 Mar, 2013 | Hits: 3

Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)

....ant Vs. Firoza Begum & others ..................Respondents Judgment March 6, 2013. Result: The appeal is dismissed. Legitimate expectation The root of the principle of legitimate expectation is constitutional principle of rule of law which requires regula......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......llip;…(24) Cases Referred to- Smith Vs. Secretary of State for Home Affairs [1969] 2 Ch. 149, 170; Council of Civil Service Union Vs. Minister for the Civil Service 1985 AC 374. Lawyers Involved: Tofailur Rahman, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-o..

Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17

Sayeda Kamrun Jahan Chowdhury Vs. Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittegong and others, 2013, 42 CLC (HCD)

....sts. Let the copy of the judgment and order be sent to all concerned for information and neces­sary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 146   ......sts. Let the copy of the judgment and order be sent to all concerned for information and neces­sary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 146   ......d in Writ Petition No. 8549 of 2005; Antibiotic Stores Vs. Subordinate Judge and Artha Rin Adalat, 55 DLR (AD) 13 = 8 BLD (AD) 8; Sarder Jan-e-Alam Vs. Arab Bangladesh Bank Ltd., 4 BLC (AD) 178. Lawyers Involved: Lokman Karim and Md. Raflqul Islam, Advocates— For the Petitioner. ..

Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3

Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)

....ovided as per Republic of Korean Navy similar type of the frigate. The accused persons also violated the provision of the General Financial Rules, Volume-1, Chapter-II of the Act-IV, contract general principle under Article 19(I) 19(II) 19(III) and 19 (V). 11. Due to its design problem the 76 m......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ......The State, 28 DLR (AD) (1976) 38; Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) (1997) 44; Alauddin and others Vs. The State 4 BLD (HCD) 75. Result: The Rules are made Absolute. Lawyers Involved: Mohammad Mehedi Hasan Chowdhury with Sheikh Fazle Noor Taposh and Mohammed Se..

Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82

Badsha Mia Vs. State, 2013, 42 CLC (HCD)

....e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189   ......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189   ...... Mollah (Ex-Member of parlia­ment) Vs. State, 62 DLR (AD) 233; Md. Musa Vs. Kabir Ahmed, 9 BLD (AD) 118 = 41 DLR (AD) 151; Md. Islam Vs. Amal Chandra Mondal, 13 BLD (AD) 28 = 45 DLR (AD) 27. Lawyers Involved: AKM Shamsul Huq, Advocate—For the Petitioner KM zahid Sarwar DAG&..

Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4

Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)

....misor is himself the cause of the failure of performance, either of an obligation due to him or of a condition upon which his own lia­bility depends, he cannot take advantage of such failure. The principle that prevention by one party excuses performance by the other, both of a con­dition an......ismissed. The appeal is dismissed with the above mod­ification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......dar, AIR 1967 SC 868; Gobind Prasad Vs. Hari Dutt, AIR 1977 SC 1005; Paul Couvreur VMG Shapiro, AIR 1948 PC 192; Chand Rani Vs. Kamal Rani, AIR 1993 SC 1942; Green Vs. Sevin (1879) 13 Ch. D 589. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-o..

Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42

Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corpora­tion and others, 2013, 42 CLC (AD)

....acts 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) 31,18 MLR (AD) (2013) 161. ......acts 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) 31,18 MLR (AD) (2013) 161. ......ger, Bangladesh Shipping Corporation, 40 DLR (AD) 62; Messers Momin Motor Company Vs. The Regional Transport Authority, Dacca, (1962) PLD (SC) 108; 14 DLR (SC) 102.      Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Re..

Category: Others | Date: 14 Feb, 2013 | Hits: 10

Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)

....no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386.   ......no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386.   ......rom the side of the defendant. Cases Referred to- Abdur Rashid Vs. Afzal Gazi, 16 MLR (AD) 4; Zar Jan Vs. Najmun Nisa, PLD 1969 Peshawar 118; Nur Mohammad Vs. Sultan Ahmed, 40 DLR 369. Lawyers Involved: Topan Kumar Chakraborty with Swapan Kumar Dutta, Advocates—For the Peti..

Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8

Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)

....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......e Anti-Corruption Commission Act, 2004........ (9) Cases Referred to- Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir, 62 DLR (AD) 290; Begum Khaleda Zia Vs. State, 64 DLR 1. Lawyers Involved: KB Rumy, Advocate—For the Petitioner. Zahirul Hoque Zahir, Deputy ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6

AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)

....ismissing the appeal, therefore, we can safely hold that any writ petition on the self-same allegation cannot be maintained before this court on any situation even by a different person, moreover the principle of law settled by the Apex court quoted as aforesaid also clearly indicate that under the ......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in:  65 DLR (HCD) (2013) 539     ...... others ....................Respondents Judgment January 30, 2013. Result: The rule is discharged. Cases Referred to- AFM Shah Alam Vs. Mojibul Huq, 41 DLR (AD) 68. Lawyers Involved: Zahangir Kabir, Advocate—For the Petitioner Fida MKamal with Mdldr..

Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3

Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)

....final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......ents Judgment January 28, 2013. Result: The Rule is disposed of. Case Referred to- Abul Khair Condensed Milk and Beverage Ltd. Vs. Commissioner of Customs and others, 60 DLR 450. Lawyers Involved Ramzan Ali Sikder with Abdullah Mahmud Hassan, Advocates-For the petitioner. ..

Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59

Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)

....vocates for the respective parties, a pertinent question arises as to whether the impugned proceedings should be quashed. To decide this issue, it will be necessary to see the extent of power, scope, principles and cate­gories of cases in which High Court Division may invoke its extra-ordinary p...... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ......idur Rahman Vs. State, 54 DLR 489; Ali Akkas Vs. Enayet Hossain 17 BLD (AD) 44 = 2 BLC (AD) 16; Nasiruddin Mahmud Vs. Momtaz-uddin Ahmed, 36 DLR (AD) 14 and Abdul Haque Vs. State, 60 DLR (AD) 1. Lawyers Involved: Rafique-ul-Huq, Advocate with BM Mamunar Rashid and Md. Suza-al-Faruque, Advo..

Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8

Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)

....fence alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge." 12. Out of the aforesaid settled principles laid down, the clause 5 is not applicable for quashing in the present pending criminal ca......case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108.   ......buddin Vs. State, 11 BLC (AD) 206; Ali Akkas Vs. Enayat Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38 ; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69. Lawyers Involved: Moudud Ahmed with Hahibur Rahman and Dewan Sharifudin, Advocates—For th..

Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3