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Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....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. ....... Zahangir, Advocate-on-Record—For the Respondent No. 1. Not Represented—Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.1816 of 2010. (From the Judgment and order dated 13-11-2008 passed by the High Court Division in Writ Petition No.6488 of 2008). Jud......ition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Md. lmman Ali J Abdul Mannan Bhuiyan & others…………............Petitioners Vs. Md. Nasir Hossain…………………………………………......Responden..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e nomination papers and amongst others had fixed 2-6-2012 for holding election of the Executive Council for 2012-2015. vide Annexure-D it appears that on 12-5-2012 final voter list had been duly published by the Election Commission. The petitioner submitted nomination paper on 15-5-2012 (A......‚ঘন কর হয়েছে বিধায়। and appointed one Administrator, respondent No.7 under section 9(2) of the said Ordinance. It further appears that the respondent no.6 had issued the order dated 15-5-2012 as the registration authority in exercise of power as provided under section 2......on. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ......Court High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Advocate Taimur Alam Khondaker.........................Petitioner Vs. Bangladesh and others...................Respondent Judgment November 29..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 ......e result, both the Rules are disposed of. The respondents would be at liberty to encash the Bank Guarantee after the decision of the Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reporte...... This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ......preme Court High 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 N..Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2
Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)
....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 ......supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179 ......he correct of position law has rightly been made clear in 44 DLR 490 reads as follows:— "Summary Suit—Leave from Court to defend—The scheme of Order XXXVII is summary one and a departure from the procedure provided for ordinary suit. In the instant case there being n..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)
....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. ......—For the Appellant. SM Rezaul Karim, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondents. Civil Appeal No.12 of 2010 (From the judgment and order dated 3-11-2008 passed by the High Court Division in Writ Petition No.2919 of 2006) Judgm......ereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ......udgment and order dated 3-11-2008 passed by a Division Bench of the High Court Division in Writ Petition No.2919 of 2006 making the Rule absolute. 2. The present respondents being the writ petitioners filed Writ Petition No.2919 of 2006 before the High Court Division stating, inter alia, that t..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....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. ......ob Chowdhury, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondents. (In both cases). Civil Appeal Nos.327 with 326 of 2008. (From the judgment and order dated the 6th day of June, 2007 passed by the High Court Division in Writ Petition Nos.1497 an......ls are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......rt Division in Writ Petition Nos. 1497 and 459 of 2005 making the Rules absolute. 2. Facts giving rise to these appeals are that the respondent of Civil Appeal No.327 of 2008 as writ-petitioner (hereinafter referred to as the petitioner) filed Writ Petition Nos. 459 of 2005 before th..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 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. ......hellip;.(25) Legal profession is not a trade or business. Members belonging to the profession have a particular duty to uphold the integrity of the profession and not to indulge in corruption in order to ensure that justice is administered in accordance with law…………&......d. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......e and another…......Respondents Judgment November 28, 2012. Result: The appeal is allowed. Words and Phrases Review By preferring a review, an erroneous decision can not be re-heard and corrected. A review lies where an error apparent on the face..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....mission may, by notification in the official Gazette, empower any of its subordinate officers to investigate the offences that may be investigated by the Commission. Yet no such notification has been published in the official Gazette empowering Mozahar Ali Sarder to investigate into the offence alle......bsp;Commission Act, 2004 read with Rule 15 of the Emergency Powers Rules 2007, now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this court may seem fit and proper.” 2. Averments figur......tant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ...... High Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Farid Ahmed J Syeda Sajeda Chowdhury……………Petitioner Vs. The State…………………................Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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: ......stituted under rule 4 of the Rules, 2009 recommended a panel of three candidates, wherein the petitioner’s name was not included. In that event, he moved in this Court and obtained the Rule with an order of stay. 4. The Government of Bangladesh represented by the Secretary Ministry of Law, J......d at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ......d in: ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....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 ......hat a thorough scrutiny of the relevant laws is needed for which I am inclined to issue Rule. 4.Hence, Let a Rule be issued calling upon the opposite-parties to show cause as to why the impugned order dated 18-10-2012 passed by the learned Special Judge, Court No. 3, Dhaka, in Special Case No. ......e Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ...... ..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. ...... Mvi Md. Wahidullah, Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Criminal Petition for Leave to Appeal No. 88 of 2010. (From the judgment and order dated the 11th day of October, 2009 passed by the High Court Division in Criminal Miscellaneo...... in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ...... Md. Muzammel Hossain CJ Md. A Wahhab Miah J Md. Imman Ali J Nazmun Ara Sultana J Syed Mahmud Hossain J Jamila Khatun.......................Petitioner Vs. State...................................Respondent Judgment ..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: ......Lawyers Involved: Helal Uddin Mollah, Advocate- For the Petitioner. Md. Shohrowardi, Deputy Attorney General- For Respondents. Jail Petition No.15 of 2010. (From the judgment and order dated 30thOctober, 2007 passed by the High Court Division in Death Reference No.74 of 2004 wit......The State.…………………………..............Respondent Judgment 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: ......preme Court Appellate Division (Civil) Present: Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Rahmat Ali alias Shukkur....................Petitioner Vs The State.…………………………..............Respondent Judgment ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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. ...... ABM Altaf Hossasin J. - The Rule Nisi under Adjudication issued on 02.11.2011 was in the following terms: "Let a Rule Nisi issue calling upon the respondents to show cause as to why the order Vide Memo No.38.210001.01.019. 2011/233, dated 3-7-2011 (Annexure-E) issued by the Director (M......e of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......nal Jurisdiction) Present: Hasan Foez Siddfque J ABM Altaf Hossain J Fazlul Haque (Md.)…………………………Petitioners Vs. Bangladesh and others..................Respondents Judgment November 2..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....Notre Dame College, 12 Cadet Colleges of Bangladesh, etc failed to obtain a place in the merit list of the successful students. Being seriously concerned and doubtful about the legitimacy of the published results and the merit list, the parents and the guardians of the English medium/version st......uzammel Haq, Senior Advocate instructed by Md. Habibur Rahman Miah, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No.1953 of 2012. (From the judgment and order dated the 5th day of June, 2012 passed by the High Court Division in Writ Petition Nos.8556 wi...... the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......in 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…………....Respondents ..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. ......ent M Enayetur Rahim J. - Supplementary affidavit filed today do form part of the main application. 2. This is an application filed by the accused-petitioner for re-calling the Judgment and order dated 4-7-2012 passed by a Division Bench of this Court discharging the Rule. 3. At the i...... forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: M Enayetur Rahim J Md. Akram Hossain Chowdhury J MA Motaleb Bhuiyan.....................Accused-Petitioner Vs. State and another……………………..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. ...... Writ Petition No.4453 of 2007. Judgment Sheikh Abdul Awal J. - This Rule has been issued calling upon the opposite-party No.1 to show cause as to why the impugned judgment and order dated 25-4-2007 passed by the learned District Judge, Bagerhat in Artha Rin Appeal No.23 of 20...... (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J Birendra Nath Roy.......................Defendant-Petitioner Vs. Rupali Bank Ltd...........................Plaintiff-Opposite Party Judgment November 21, 2012. Result: The Rule is discharged......LC (HCD) (2013) 118. ..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. ......h Court Division in Civil Revision No.2387 of 1995). Judgment Syed Mahmud Hossain J.- This appeal by the pre-emptors as the appellants following leave is directed against the judgment and order dated 02.07.2003 passed by the High Court Division in Civil Revision No.2387 of 1995 making t......ere is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......he Non-Agricultural Tenancy Act if a co-sharer tenant owns a portion of land in any plot, he is to be treated as co-sharer in the entire plot even if the land of that plot is recorded in more than one khatian. Therefore, in the event of transfer of a portion of land of that plot appertaining to ..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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. ..........Respondents Judgment November 20, 2012. Result: The Rule is discharged. Restoration to section 19 for setting-aside the ex-parte decree After passing of the impugned order, the petitioner for the first time rushed before this Division and obtained the present Rule. ......is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ...... Supreme Court 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,..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....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 ......ient for convicting the confessing accused and retraction of confession is immaterial, once it is found to be true and voluntary. ............ (61) Overt act on the part of each accused In order to support a conviction under section 34 of the Penal Code, mere presence would not be suffici......udgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ......ion. ......... (58) Retraction immaterial, if confession is true and voluntary If a confession recorded under section 164 of the Code of Criminal Procedure is true and voluntary, the same alone is sufficient for convicting the confessing accused and retraction of confession is immaterial, ..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....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. ......t be directed to release the imported goods in question on receipt of the customs duty and other charges in cash according to the valuation determined in the CRF certificate. 3. By an ad-interim order this division directed for release of the goods in question. 4. The background leading to......rity and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ......e Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Amirul Islam (Md.).....................................Petitioner Vs. Commissioner of Customs and others............Respondents Judgment Nove..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
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