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Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)

.... remain in enforce unless the same is cancelled by an appropriate civil Court.…………………(11) Case Referred to- Sultanuddin Chowdhury Vs. Government of the People's Republic of Bangladesh, 32 DLR 252. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Bi......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ...... same is cancelled by an appropriate civil Court.…………………(11) Case Referred to- Sultanuddin Chowdhury Vs. Government of the People's Republic of Bangladesh, 32 DLR 252. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Bimsh Chandra Biswas, Advocate-..

Category: Property Law | Date: 2 Dec, 2012 | Hits: 35

Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....urt Division (Special Original Jurisdiction) Present: Farah Mahbub J    Abdur Rob J Advocate Taimur Alam Khondaker.........................Petitioner Vs. Bangladesh and others...................Respondent Judgment November 29, 2012.  ......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139     ......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139     ...... November 29, 2012.   Result: The Rule is made absolute. Volun­tary Social Welfare Agencies (Registration and Control) Ordinance, (Ordinance No. XLVI of 1961) 1961 Lawyers Involved: Taimur Alam Khondaker, Advocate in person—For the Petitioner. Titu..

Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6

AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)

.... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ......h Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J AKM Muhituddin and others.........................Petitioners Vs. National Board of Revenue and others............Respondents Judgment November 28, 2012. ...... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ...........................Petitioners Vs. National Board of Revenue and others............Respondents Judgment November 28, 2012. Result: Both the Rules are disposed of. Lawyers Involved: Md. Khurshid Alam Khan with Sayem Murad, Advocates—For the Petitioners...

Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2

Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)

....p; ......defend the suit (by filing written state­ment, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179       ......defend the suit (by filing written state­ment, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179       ......ellip;…...........(7) Cases Referred to- Bengal Techno Leather Consult Ltd. Vs. Bangladesh, 2005 BCR 133, Joved Traders and anoth­er Vs. Premier Soap Factory Ltd 44 DLR 490; Lawyers Involved: Foyej Ahmed with Md. Mohid Uddin, Advocates-For the Plaintiff. Tanvir Pa..

Category: Administrative Law | Date: 28 Nov, 2012 | Hits: 5

Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)

.... Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and oth­ers.................Appellants Vs. Dr. Md. Nazrul Islam Bhuiyan and......ferred to- Customs Custom House, Chittagong Vs. A. Hannan, 42 DLR (AD) 167; Gujarat State Financial Corporation Vs. M/s Lotus Hotels Pvt. Ltd; AIR 1983 SC 848; Secretary, Ministry of Industries, Nationalised Industres Division Vs. Saleh Ahmed, 1981 BLD (AD) 91; Central London Property Trust Ltd......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255.     ......Hasan Vs. Bangladesh, 60 DLR (AD) 76;Food Corporation of India Vs. M/s Kamdhenu Cattle Feed Industries (1993) 1 SCC 71 at page 76; Punjab Communications Ltd. Vs. Union of India (1999) 4 SCC 727. Lawyers Involved: MK Rahman, Additional Attorney-General, instruct­ed by Md. Ibrahim Khalil..

Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4

Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)

.... Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and others..............Appellants (in both cases) Vs. Hamento Kumar Barmon..........we find no other alternative but to dis­miss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......we find no other alternative but to dis­miss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......No.327 of 2008) Md. Nurul Islam.................................Respondents (In Civil Appeal No.326 of 2008) Judgment November 28, 2012. Result: The appeal is dismissed. Lawyers Involved: Murad Reza, Additional Attorney General instructed by Md. Ibrahim Khalil, Adv..

Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12

Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)

....s disgraceful or dishonourable. The scope of "misconduct" is not restricted by technical interpretations of rules of conduct. The term 'misconduct' has not been defined in the Bangladesh Legal Practitioners and Bar Council Order, 1972 or the Rules framed thereunder. But misco...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1.   ...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1.   ...... Rahman and others, 1983 BCR (AD) 397; 1982 BCR (HCD) 240; Bar Council of Maharashtra Vs. M.V. Dabholkar etc., AIR 1976 SC 242; Noratanmal Chouraria Vs. M.R. Murli and another, (2004) 5 SCC 689. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mrs. Sufia Khatun, Advoca..

Category: Others | Date: 28 Nov, 2012 | Hits: 23

Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)

....dgment November 28, 2012. Result: The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Government of the Peoples Republic of Bangladesh, Bangladesh Secretariat, Ramna Dhaka and others, unreported, Writ Petition No.7245 of 200......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......haka and others, unreported, Writ Petition No.7245 of 2008; Khawja Nazir Ahmed Vs. Emperor 1945 DLR, PC 18, Abdul Quader Vs. State 28 DLR (AD) 39, Nasiruddin Vs. Mamtazuddin Ahmed, 36 DLR AD 14. Lawyers Involved: M. Amirul Islam, Advocate-For the Petitioner Amit Talukder, Deputy Atto..

Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77

Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....urt High Court Division (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Mohammad Ullah Ashraf………......Petitioner Vs. Bangladesh and others…………...Respondents Judgment November 28, 2012. Result: ......thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ......thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ...... Mohammad Ullah Ashraf………......Petitioner Vs. Bangladesh and others…………...Respondents Judgment November 28, 2012. Result: The Rule is discharged. Lawyers Involved: Md. Ozi Ullah, Advocate-for the petitioner. Goutam Kumer Roy, Deputy Att..

Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109

Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)

....ip;…….....................Opposite-parties Judgment November 27, 2012. Result: The application is summarily rejected. Cases Referred to- Tarique Rahman Vs. Bangladesh, 63 DLR (AD) 18; Pirjada Syed Shariatullah Vs.Bangladesh, 61 DLR 647; Sultana Jute Mills ......ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......) 135; Delowar AM Khan Vs. Sajadul Haque, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram. AIR 1965 (SC); Enforcement Vs. Dipok Mahajon, 3 (SCC) 440 and State Vs. Ram Saran, 12 SCC 578. Lawyers Involved: Moudud Ahmed, Senior Advocate with AM Mahbub Uddin, AKM Ehsanur Rahman—..

Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5

Jamila Khatun Vs. State, 2012, 41 CLC (AD)

....m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ......m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ......m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. .....................Petitioner Vs. State...................................Respondent Judgment   November 26, 2012. Result: The leave petition is dismissed. Lawyers Involved: Mvi Md. Wahidullah, Advocate-on-Record—For the Petitioner. None Rep..

Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9

Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)

....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ...... November 26, 2012. Result: The Jail Petition is dismissed. Cases Referred to- State Vs. Tasiruddin, 13 DLR 203; Nalu Vs. State reported in 1 Apex Law Report’s (AD) 222. Lawyers Involved: Helal Uddin Mollah, Advocate- For the Petitioner. Md. Shohrowardi, Deput..

Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145

Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... Present: Hasan Foez Siddfque J ABM Altaf Hossain J  Fazlul Haque (Md.)…………………………Petitioners Vs. Bangladesh and others..................Respondents Judgment November 22, 2012. Result......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......rity can not sub-delegate to some other authority until and unless statute permits such sub-delegation.......... (15) Cases Referred to- Barium Chemicals Vs. CL Board, AIR 1967 SC 295. Lawyers Involved: Abdul Matin Khasru with Pankaj Kumar Kunda, Advocate-For the Petitioners. ..

Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5

Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)

....vil) Present: Md. Muzarnmel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh & others .............Petitioners Vs. Md. Ghulam Mustafa and others…...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ...... Mokhlesur Rahman Vs. Bangladesh, 26 DLR (AD) 44; Dr. Mohiuddin Farque Vs. Bangladesh, 49 DLR (AD) 1; Ekushe Television Vs. Bangladesh, 54 DLR (AD) 130; Brae Bank Vs. Bangladesh, 54 DLR (AD) 34. Lawyers Involved: Mahbubey Alam, Attorney-General instructed by B Hossain, Advocate-on-Record&m..

Category: Others | Date: 22 Nov, 2012 | Hits: 20

MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)

....conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ......conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ......conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ......t a wrong decision. The scope of review as provided in the Code of Civil procedure is not available in the Code of Criminal Procedure............ (13) Cases Referred to- 60 DLR (AD) 1, Lawyers Involved: Abdul Baset Mojumder, Advocate with Khandaker Mahbub Hossain, Advocate and Sk..

Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2

Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)

.... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ...... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ...... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ......he auction purchaser. .................... (17)   Cases Referred to- IFIC Bank Ltd Vs. Manner Fashions Wear Pvt. Ltd, 12 BLC 723; Salma Begum Vs. Sonali Bank Ltd, 63 DLR 282. Lawyers Involved: Pronay Kanti Roy, Advocate—For the Petitioner. Md. Imam Hasan, Adv..

Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7

Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)

....n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......ding as mentioned in section 96 of the State Acquisition and Tenancy Act.…………………………………(12) Case Referred to- S.M Basiruddin Vs. Z. Islam, (1983) 35 DLR (AD) 230. Lawyers Involved: Omar Farook, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For t..

Category: Property Law | Date: 21 Nov, 2012 | Hits: 27

Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Azizur Rahman (Md.).........................Petitioner Vs. Bangladesh and others... .............Respondents Judgment November 20, 2012. Result:......order as to cost. The order of stay granted earli­er by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ......order as to cost. The order of stay granted earli­er by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ......ip;.. (6) Cases Referred to- Setara Begum Vs. Al-Arafah Islami Bank Ltd., 61 DLR 791=14 MLR 480; Mohiuddin (Sk) Vs. Joint District Judge, Artha Rin Adalat No.3, Dhaka, 13 MLR (AD) 356. Lawyers Involved: Md. Sohel Rana, Advocate—For the Petitioner. SM Moniruzzaman, Depu..

Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8

Khorshed and another Vs. State, 2012, 41 CLC (HCD)

....ay be formed at the spot even on the spur of the moment............ (92) Cases Referred to- Madam Gopal Kakkad Vs. Naval Dubey, 3 SCC 204; State Vs. Rokeya Begum, 13 BLT 377= 10 BLC 687; Bangladesh Vs. Ashraf Ali, 46 DLR (AD) 241; Bandez Ali Vs. State, 40 DLR (AD) 200; Mohanlal Vs. Stat......Vs. Crown, 4 DLR (FC) 53. Lawyers Involved: Md. Afzal Hossain, Advocate—For the condemned-appellants (In Criminal Appeal No.1205 of 2007. Shirin Afroze, Advocate appointed by the National Legal Aid Committee, Dhaka, Bangladesh—For the condemned-appellant (In Jail Appeal No......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241         ...... (Supreme Court) 598; Hibubur Rahman @ Habib Vs. State, 8 BLD 210; Abdul Jabbar Vs. State, 1 MLR 164; Khalil Mia Vs. State, 7 BLT (AD) 245 = 4 BLC (AD) 223; Rahim Baksh Vs. Crown, 4 DLR (FC) 53. Lawyers Involved: Md. Afzal Hossain, Advocate—For the condemned-appellants (In Criminal A..

Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8

Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)

....ndents Judgment November 19, 2012. Result: The Rule is made absolute. Cases Referred to- Transcom Cables Ltd Vs.The Commissioner of Customs 2 TLR 571; ASS Enterprise Vs. Bangladesh 17 BLC 86; Russell Vegetable Oil Ltd Vs. Collector of Customs 52 DLR 382; LR Khan Vs. Cus......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77.   ......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77.   ......ussell Vegetable Oil Ltd Vs. Collector of Customs 52 DLR 382; LR Khan Vs. Customs, Excise and VAT Appellate Tribunal, 17 BLC 249;Commissioner of Customs Vs. Cab Express (BD) Ltd 64 DLR (AD) 100. Lawyers Involved: Masud R Sobhan with Fatema S Chowdhury, Mohammad Jamal Hossain and Raghib Rou..

Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6