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Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)

....ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278     ......n Mahbub, Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner, (in Criminal Petition Nos. 693-698 of 2014) Md. Khurshid Alam Khan, Advocate, instructed by Shahanara Begum, Advocate-on-Record—For the Petitioner. (In Criminal Petition Nos. 614 & 621 of 2014......: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Anti-Corruption Commission…………….Petitioner Vs. A A M Habibur Rah­man and anothers..........Respondents Judgment April 12, 20......sion will not take into consideration of the defence papers..... (49) It would be unnecessary delay in holding the trial of the cases, if leave is granted....... (50) Case Referred to- State Vs. Lilun Nahar Ekram, IV ADC 264. Lawyers Involved: Md. Faridul Islam, Advocate, in..

Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8

Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)

....efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227   ...... Advocate, (AM Mahbub Uddin, Advocate, appeared with him), instructed by Md. Tauflque Hossain, Advocate-on-Record—For the Petitioner. Mahbubey Alam, Attorney-General, instructed by Mahmuda Begum, Advocate-on-Record—For Respondent No.1 . Khurshid Alam Khan, Advocate, instructed ......inal) Present: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Mafruza Sultana.................................Petitioner Vs. State and another...............................Respondents Judgment April 12, 20...... Present: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Mafruza Sultana.................................Petitioner Vs. State and another...............................Respondents Judgment April 12, 2015 R..

Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

...., quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......mar Sinha CJ Md. Abdul Wahhab Miah J Hasan Foez Siddique J A.H.M. Shamsuddin Choudhury J Muhammad Kamaruzzaman………………......Petitioner Vs.                &......e victims, their families and the country as a whole suffered, and, of course also looked at the presumed intention of the legislators................(93) Case Referred To- Bachan Singh Vs. State of Punjab (2 SCC 1980, 684); Abdul Quader Mollah Vs. The Chief Prosecutor, International Crime..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

....nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......l Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J   Md. Imman Ali J   Md. Shamsul Huda J Asek Elahi.......................................Appellant Vs. Jalal Ahmedand others.......................Respondents Judgment    &nb......sion. The Courts including the High Court Division are confused in deciding the point in controversy in the light of section 58(c) of the Transfer of Property Act, 1882 and sections 95 and 95A of the State Acquisition and Tenancy Act, 1950. It is pertinent at this juncture to consider the meaning of..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)

....r of stay granted earlier by this i  Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354   ......r of stay granted earlier by this i  Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354   ...... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Aminul Karim (Md.)....................................Petitioner Vs. Government of Bangladesh and others............ Respondents Judgment March 9, 201......ner Vs. Government of Bangladesh and others............ Respondents Judgment March 9, 2015. Result: The Rule is discharged. Case Referred to- Majed Hossain Vs. State 17 BLC (AD) 177; Monzur Alam Vs. State 55 DLR (AD) 62; Shamsul Islam Chowdhury Vs. State 11 BL..

Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0

Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)

....from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......awyers Involved: Khurshid Alam Khan, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Appellant. Biswajit Deb Nath, Deputy Attorney-General instructed by Mahmuda Begum, Advocate-on-Record— For the Respondent. Criminal Appeal No. 59 of 2009. (From......me Court Appellate Division (Criminal) Present: Md. Abdul Wahhab Miah J Md. Imman Ali J AHM Shamsuddin Chowdhury J Nurul Huda (Md.).................Appellant Vs. State, represented by the DC, Lalmonirhat ..........Respondent Judgment March 8, ...... Appellate Division (Criminal) Present: Md. Abdul Wahhab Miah J Md. Imman Ali J AHM Shamsuddin Chowdhury J Nurul Huda (Md.).................Appellant Vs. State, represented by the DC, Lalmonirhat ..........Respondent Judgment March 8, 2015. ..

Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ......o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ......Court High Court Division (Special Original Jurisdiction) Present: Moyeenul IslamChowdhury J Md. Ashraful Kamal J Hafizur Rahman Nafor...................Petitioner Vs. Secretary, Ministry of Home Affairs and others.........Respondents Judgment  &nbs......o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)

....ed time from the date of knowledge of the registration of the sale deed. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 210. ......ed time from the date of knowledge of the registration of the sale deed. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 210. ......Civil) Present: Surendra Kumar Sinha CJ NazmunAra Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Profullah Chandra Sarker and other ...........Petitioners Vs. Md. Nasibuddin and others ..........................Respondents Judgment  &n......l of this petition, in short, are that the respondents as pre-emptors instituted the aforesaid Miscella­neous Case for getting the land under dispute by way of pre-emption under section 96 of the State Acquisition and Tenancy Act staring that they are the contiguous land owners of the disputed p..

Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24

Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

.... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ......ive almost a free leverage to the decree holder is clear from the provisions mentioned under sub-section 6(Kha) and section (7) of section 33…….. (11) Case Referred to- Setara Begum Vs. Al-Arafa Islami Bank, 14 MLR 480 = 61 DLR 791; Atiqullah Vs. Artha Rin Adalat, 16 BLC 486....... High Court Division (Special Original Jurisdiction) Present: Sheikh Hassan Arif J Mustafa Zaman Islam J Mosharaf Hossain (Md.)..........................Petitioner Vs. Bangladesh and others...... …………………..Respo...... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ..

Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4

Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)

.... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147.   ...... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147.   ......Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Ali Haider Chowdhury…………………………. Petitioner Vs. State, represented by the DC, Dhaka and another………….Respondents......Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Ali Haider Chowdhury…………………………. Petitioner Vs. State, represented by the DC, Dhaka and another………….Respondents Jud..

Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16

Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)

....by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ......by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Moinul Islam Chowdhury J JBM Hassan J Shamvunath Karmaker and another........Accused-Petitioners Vs. State and another......... .......Opposite Parties Judgment February 10, 2015. &n......rt Division (Criminal Miscellaneous Jurisdiction) Present: Md. Moinul Islam Chowdhury J JBM Hassan J Shamvunath Karmaker and another........Accused-Petitioners Vs. State and another......... .......Opposite Parties Judgment February 10, 2015.   ..

Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4

State Vs. Engineer Monjurui Ahsan Munshiand another, 2015, 44 CLC (AD)

....t afresh. The leave petitions are accordingly, dis­posed of with the above observations and direc­tions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 149   ......t afresh. The leave petitions are accordingly, dis­posed of with the above observations and direc­tions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 149   ......mar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J State………………………….Petitioner Vs. Engineer Monjurui Ahsan Munshiand another………………&h......49   ..

Category: Criminal Law | Date: 2 Feb, 2015 | Hits: 11

Jahirul Haque and another Vs. State, 2015, 44 CLC (AD)

....tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ......tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ....... Abdul Wahhab Miah J Md.lmman Ali J Hasan Foez Siddique J            Jahirul Haque and another................Petitioners Vs. State......................................Respondent Judgment January 19, 2015.&......ahhab Miah J Md.lmman Ali J Hasan Foez Siddique J            Jahirul Haque and another................Petitioners Vs. State......................................Respondent Judgment January 19, 2015. &nbs..

Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5

Anti-Corruption Commission, represented by its Chairman Vs. Haji Md. Salim and another, 2015, 44 CLC (AD)

....eal on merit afresh. The leave petition is accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 127.   ......tion 27 of the Ain is distinct offence and no notice is required by the Commission for prosecution of an offender in respect of the offence. At the time of hearing the leave petition Mrs Mahmuda Begum, learned Advocate-on-Record for the petitioner submits that the Durnity Daman Commission has d......p;  AHM Shamsuddin Chowdhury J             Anti-Corruption Commission, represented by its Chairman.........Petitioner Vs. Haji Md. Salim and another.................Respondents Order    &n......eal on merit afresh. The leave petition is accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 127.   ..

Category: Criminal Law | Date: 12 Jan, 2015 | Hits: 6

Islami Bank Bangladesh Limited, Head Office-40, Dilkusha C/A, Dhaka-1000 Vs. The Commissioner of Taxes, Audit Wing, Large Taxpayer’s Unit, Dhaka, 2015, 44 CLC (HCD)

.... Supreme Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani, J: I agree. Ed. This Case is also Reported in: ......sioner of Taxes, Companies Circle-19, 14 MLR (AD) 337. Lawyers Involved: Rafiq-ul Huq with Ahsanul Karim, Ehsan A. Siddiq—For the applicant. Razik-Al-Jalil, DAG with Mahfuza Begum, AAG, Nurun Nahar, AAG—For the respondent. Income Tax Reference Application No. 20 ......l Gani J Islami Bank Bangladesh Limited, Head Office-40, Dilkusha C/A, Dhaka-1000……………………..........Applicant (In all the cases) Vs. The Commissioner of Taxes, Audit Wing, Large Taxpayer’s Unit, Dhaka……Re......he reference applications he would raise a new ground on law, which is founded on the Constitution of the People’s Republic of Bangladesh. He adds that in the Constitution under article 2A, the State religion of the Republic is Islam and so, the Zakat is an allowable expense in the light of ar..

Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 1

Islami Bank Bangladesh Limited Vs. Commissioner of Taxes, 2015, 44 CLC (HCD)

....Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J.- I agree. This Case is also Reported in:     ......No. 21 of 2005, 22 of 2005, 23 of 2005, 24 of 2005 and 156 of 2006. Lawyers Involved Rafiq-ul Huq with Ahsanul Karim, Ehsan A. Siddiq—For the applicantRazik-Al-Jalil, DAG with Mahfuza Begum, AAG, Nurun Nahar, AAG—For the respondent. Income Tax Reference Application No.20 o......al Jurisdiction) Present: Zinat Ara J Md. Habibul Gani J Islami Bank Bangladesh Limited, Head Office-40, Dilkusha C/A, Dhaka-1000……Applicant (In all the cases) Vs. The Commissioner of Taxes, Audit Wing, Large Taxpayer’s Unit, Dhaka……&h......he reference applications he would raise a new ground on law, which is founded on the Constitution of the People’s Republic of Bangladesh. He adds that in the Constitution under article 2A, the State religion of the Republic is Islam and so, the Zakat is an allowable expense in the light of ar..

Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 58

Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)

....copy of this judgment be sent to the office of the Comptroller and Auditor General for future reference and guidance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 73   ......copy of this judgment be sent to the office of the Comptroller and Auditor General for future reference and guidance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 73   ...... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Nazrul Islam Talukder J Singer Bangladesh Ltd and 21 another ........Petitioner Vs. National Board of Bangladesh.............. Respondents Judgment December 15, 2014......of Bangladesh Vs. Acqua Foods Limited 50 DLR (AD) 113; Authorised Officer DIT, Dacca Vs. AW Mallik 20 DLR (SC) 229; Purtabpur Company Ltd. Vs. Cane Commissioner, Bihar AIR 1970 SC, 189; Chandrika Vs. State of Bihar AIR 1984 SC 322; Anirudhsinhji Jadija Vs. State of Guzrat AIR 1995 SC 2390; Commissio..

Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5

Ferdous Ara Zainul Vs. Mahmuda Khatun and others, 2014, 43 CLC (HCD)

....the date of receipt of this order, without allowing any application for adjournment if filed by any of the parties to the suit. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 149. ......Case Referred to- Salauddin Vs. MA Hai 63 DLR (AD) 138; Burmah Eastern Ltd Vs. Burmah Eastern employees Union, 18 DLR 709; Abdul Jalil Vs. Islami Bank Bangladesh Ltd., 53 DLR (AD) 12 and Rasheda Begum Vs. Nurussafa, 2004 BLD (AD) 223 = 9 BLC (AD) 223. Lawyers Involved: Md. Rezaul Isla......bsp;                      Ferdous Ara Zainul.............................Petitioner Vs. Mahmuda Khatun and others..............Opposite Parties Judgment December 11, 201......the date of receipt of this order, without allowing any application for adjournment if filed by any of the parties to the suit. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 149. ..

Category: Civil Law, Procedural Law | Date: 11 Dec, 2014 | Hits: 19

Sonali Bank Limited Vs. UT Garments Limited and others, 2014, 43 CLC (HCD)

.... In the result, the rule is discharged with­out any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 265.   ......hetty, AIR 1952 Mad 186 (FB); Secretary Vs. Dhaka Steel Works Ltd, 45 DLR (AD) 69; State of Madhya Pradesh Vs. Vishnu Prasad; AIR 1962 1593; Palani Goundan Vs. Peria Goundan, AIR 1941 Mad 158; Hazera Begum Vs. Artha Rin Adalat, 12 BLC (AD) 153; AKM Nurul Alam Vs. Bangladesh 46 DLR(AD)113. Lawye...... High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Ashish Ranjan Das J Sonali Bank Limited...................Plaintiff-Petitioner Vs. UT Garments Limited and others......Defendant-Opposite-Parties Judgment December ...... not been excluded by section 6(Ka)…… (20) Case Referred to- Kandaswami Filial Vs. Kannappa Chetty, AIR 1952 Mad 186 (FB); Secretary Vs. Dhaka Steel Works Ltd, 45 DLR (AD) 69; State of Madhya Pradesh Vs. Vishnu Prasad; AIR 1962 1593; Palani Goundan Vs. Peria Goundan, AIR 1941..

Category: Banking Law | Date: 4 Dec, 2014 | Hits: 4

Oxinel Services Pte. Ltd Vs. SOM Kalimullah, MD, Bangla¬desh Telecommunication Com¬pany Limited (BTCL) and others, 2014, 43 CLC (HCD)

....her signed copy of the order of commit­tal be kept with record, for ready reference, if so required. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 225     ......her signed copy of the order of commit­tal be kept with record, for ready reference, if so required. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 225     ......me Court High Court Division (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J Oxinel Services Pte. Ltd……………...Petitioner Vs. SOM Kalimullah, MD, Bangla­desh Telecommunication Com­pany Limited (BTCL) and other......Contempt Cases— The duty of a Judge sitting to punish the Court's own contempt, therefore, means to prevent and stifle any damage to public confi­dence in an important organ of the State and not the protection of the individual Judges. No personal interest is there­fore i..

Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10