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State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)

....tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ...... Criminal Appeal No.25 of 2004) Md. Mozammel Haque and another………….Respondents (In Criminal Appeal No.26 of 2004) Judgment December 7, 2011. Result: The appeals are allowed. Lawyers Involved: Mamtaz Uddin Fakir, Additional Attorney General, instructed by B. Hossain, Advo..

Category: Criminal Law | Date: | Hits: 85

Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)

.... any accusation, not being a punishment as contemplated under Regulation 52(1) of Bangladesh Biman Corporation Employees (Service) Regulations, 1979, the question of any grievance for breach of the principles of natural justice for not giving notice or an opportunity of being heard does not arise ......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......niruzzaman and others...............Respondents Judgment December 1, 2011. Result: The appeal is allowed. Case Referred to- Aleka Khatun Vs. Government of Bangladesh, 61 DLR 693. Lawyers Involved: Zainul Abedin, Advocate-on-Record-For Appellants. Moniruzzaman, in person-F..

Category: Employment/Service Law | Date: | Hits: 111

Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)

.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......Tribunal, Bhola 38 DLR (AD) 172; Abdul Mannan Vs. Mofiz Uddin, 10 DLR 527; Pijush Kanti Chowdhury Vs. Abdur Rashid 23 DLR 60; Sree Gour Nitai Saha Vs. Province of East Pakistan, (1970) 22 DLR 143. Lawyers Involved: Kurunamoy Chakma, Deputy Attorney General, instructed by Sufia Khatun, Advocate..

Category: Property Law | Date: | Hits: 67

Faridul Islam alias Faridul Alam and others Vs. State, represented by the DC, Chittagong and another, 2011, 40 CLC (AD)

.... out of the record. Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 44....... out of the record. Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 44.......rs..........................Petitioners Vs. State, represented by the DC, Chittagong and another………Respondents Judgment October 13, 2011. Result: The appeal is dismissed. Lawyers Involved: Khurshid Alam Khan, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-R..

Category: Criminal Law | Date: | Hits: 85

Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)

....on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......cretariat and Others………Petitioners Vs. Nasirur Rahman…………………………..Respondents Judgment December 11, 2011. Result: The leave petition stands disposed of. Lawyers Involved: Mahbubey Alam, Attorney General instructed by M. Wali-ul-Islam, Advocate-on-Rec..

Category: Employment/Service Law | Date: | Hits: 119

Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)

....Huq reported in 59 DLR (AD) 54. The said case arose out of the judgment and order passed in Writ Petition No.2256 of 2002 filed by a PA of the High Court Division. This Division after considering the principles of law enunciated in the cases of Mujibur Rahman Vs. Government of Bangladesh and others,......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67....... (AD) 54; Mujibur Rahman Vs. Government of Bangladesh and others, 44 DLR (AD) 111; Serajul Islam Vs. the Director General of Food 42 DLR (AD) 1999, Bangladesh Vs. Shafiuddin Ahmed 50 DLR (AD) 27. Lawyers Involved: M. K. Rahman, Additional Attorney General instructed by B. Hossain, Advocate-on..

Category: Employment/Service Law | Date: | Hits: 127

State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)

....erstanding the evidence on record especially that of P.W.29 and P.W.52; as such the judgment is perverse. II. Because the High Court Division erred in law by not properly applying the well settled principles of law regarding circumstantial evidence and arrived at a wrong conclusion. III. Becau......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......……………………………………………Petitioner Vs. Dafader Marfoth Ali Shah and another………….Respondents Order January 11, 2011. Result: The Leave is granted. Lawyers Involved: Mahbubey Alam, Attorney General (Chief State) with Anisul Huq, Senior Advocate,..

Category: Criminal Law | Date: | Hits: 191

Mainuddin Vs. State and another, 2010, 39 CLC (AD)

.... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......…………………………….Petitioner Vs. The State and another ……………………………...Respondents Judgment August 5, 2010. Result: The petition is dismissed. Lawyers Involved: Abdul Baset Majumder, Senior Advocate, instructed by Md. Zahirul Islam, Advocat..

Category: Criminal Law | Date: | Hits: 66

JMS Glass Industries Ltd. Vs. Customs, Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (AD)

.... discharging the Rule. For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. ...... discharging the Rule. For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. .........................Petitioner Vs. Customs, Excise and VAT Appellate Tribunal and others...............Respondents Judgment November 17, 2011. Result: The petition is dismissed. Lawyers Involved: Nahid Mahtab, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record..

Category: Fiscal/Taxation Law | Date: | Hits: 130

Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)

....ontention, the learned counsel has referred the case of BKN Pillai Vs. Pillai and another, AIR 2000 SC 614. 8. We do not dispute the last submission of the learned counsel. It is now established principle that the Court may at any time allow amendment of the pleadings to rectify error in any pr......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ...... Cases Referred to- BKN Piliai Vs. Pillai, AIR 2000 SC 614; Modi Spinning and Weaving Mills Co. Ltd Vs. Ladha Ram and Co, AIR 1977 SC 680 and Smt; Ganga Bai Vs. Vijay Kumar, Air 1974 SC 1126. Lawyers Involved: Kamal-ul-Alam, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Record..

Category: Civil Law | Date: | Hits: 86

Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)

....nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......d his heirs Monir Hossain and others…...........Appellants Vs. Abdur Razzaque and another……………...Respondents Judgment October 24, 2011. Result: The appeal is allowed. Lawyers Involved: Md. Serajul Islam Bhuiyan, Advocate-For the appellants. No one appears-For t..

Category: Civil Law | Date: | Hits: 67

Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)

....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......li Vs. Md Bazlur Rahman Chowdhury, (1997) 28 DLR 443; Abul Layes Vs. Mst. Anwara Khatun, (1977) 29 DLR (SC) 13; Allenbury Engineers (Private) Ltd. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. Lawyers Involved: T.H. Khan, Senior Advocate, instructed by A.S.M.S. Zaman, Advocate on Record - ..

Category: Property Law | Date: | Hits: 87

M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)

....ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......d another…………………Respondents Judgment August 17, 1978. Result: The appeal is dismissed. Case Referred to- Shashibala Navnitlal Vs. C.I.T., (1964) 54 I.T.R. 478. Lawyers Involved: C. R. Ali, Advocate, instructed by Abu Backkar, Advocate-on-Record - For the Ap..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)

....uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......issed. Cases Referred to- Burmah Oil Company Limited Vs. The Trustees for the Port of Chittagong (1962) 14 DLR (SC) 106; PLD 1961 S.C. 452; Matthews Vs. Chicory Markeling Board, 60 Commonwealth Law Reports 263; The Commissioner H.R. Endowments Vs. L T, Swamiar, AIR 1954 S.C. 282; Burmah Shell ..

Category: Fiscal/Taxation Law | Date: | Hits: 112

Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)

.... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165....... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165.......ers……………………….Appellant Vs. Income Tax Officer and another……………………………Respondents Judgment November 30, 1978. Result: The appeal is allowed. Lawyers Involved: Asrarul Hossain, Senior Advocate, (C.R. Ali, Advocate with him) instructed by A..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)

....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......�………..Petitioner Vs. Mozaffor Hossain………………….Opposite Party Judgment August 17, 1997. Result: The Rule is made absolute and the Order of stay stands vacated. Lawyers Involved: Md. Shahidul Haque, Advocate - For the Petitioner. Not Represented - For the..

Category: Procedural Law | Date: | Hits: 80

Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)

....entertain such application and pass a decree against the petitioner. It is further stated that during his absence while he was in the Jail hajat the impugned decree was passed behind his back as such principle of natural justice has been violated. It is also submitted that the impugned judgment is v......92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......dinate Judge, (Artha Rin Adalat) Bogra and others………………..Respondents Judgment November 11, 1997. Result: The Rule is made absolute. Case Referred To- 46 DLR (AD) 174. Lawyers Involved: Fazlul Karim with Md. Abdullah, Advocates - For the Petitioner. Rafiqur Rahm..

Category: Civil Law | Date: | Hits: 71

Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)

....der the same and thereafter to arrive at its conclusions with reference thereto but it has no right to ignore the evidence of a party irrespective of the value that it may carry. Applying the correct principle regarding the appreciation of the evidence the Court has the right to believe or disbeliev......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166....... for any interference by this Court. Cases Referred To- Gokal Chand and others Vs. the Firm of Hukam Chand Nathumal, 34 IC page 714; AD Koshol Vs. Balakrishna Eradi, 1981 AIR (SC) page 2235. Lawyers Involved: Kamal-ul-Alam with AKM Abdul Hakim, Advocates - For the Petitioner. MA Jalil..

Category: Procedural Law | Date: | Hits: 68

Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)

....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ...... Rules are discharged. Cases Referred To- Rahim Vs. State, 49 DLR (AD) 51; Ataur Rahman Vs. State, 19 DLR (SC) 33; Nazir Hossain Vs. State, 17 DLR (SC) 26; AKM A Halim Vs. State, 29 DLR 219. Lawyers Involved: Dr. Rafiqur Rahman with Lutfar Rahman Mondal, Advocates - For Petitioners. M..

Category: Criminal Law | Date: | Hits: 71

Aslam Vs. State, 1998, 27 CLC (HCD)

....ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......jul Islam J Md. Joynul Abedin J Aslam…………………..Appellant Vs. State…………………….Respondent Judgment January 10, 1998. Result: The appeal is allowed. Lawyers Involved: Jamiruddin Sircar with Taimur Alam Khandoker, Advocates - For the Appellant. ..

Category: Criminal Law | Date: | Hits: 65

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