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Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)

....y granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 44   ......y granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 44   ......y granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 44   ......nbsp;of order XVII and the defendants Tightly filed the application under rule 13 of order IX of the code of civil procedure, as such the findings of the courts below is erroneous one. Lawyers Involved: Md. Khaled Ahmed, Advocate— For the Appellants. Mohammad Noor Hoss..

Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1

Esrarul Huq Chowdhury Vs. Government of the People's Republic of Bangladesh and Others, 2015, 44 CLC (HCD)

.... Hasan J Farid Ahmed J Esrarul Huq Chowdhury……………………….Appellants Vs. Government of the People's Republic of Bangladesh and Others………..Respondent Judgment June 28, 2015 Resu......n that he should refrain from doing any illegal activities by abusing his official power. No order as to cost. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 173.   ......n that he should refrain from doing any illegal activities by abusing his official power. No order as to cost. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 173.   ......lip;..Respondent Judgment June 28, 2015 Result: The Rule is made absolute. Case Referred to- Zahirul Islam Vs. Government of Bangladesh, 65 DLR 168; 44 DLR (AD) 260 Lawyers Involved: Khurshid Alam Khan with Shahanara Begum and Md. Aziz Taufique,..

Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1

Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)

....osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......ich was never urged by any of the parties in the appeal......(14) The plaintiff cannot get a walk over and he has to prove his own case even if a suit is heard ex parte.................(14) Lawyers Involved: AJ Mohammad Ali, Senior Advocate instructed by Md. Tauflque Hossain, Advocate..

Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12

Sarwar Alam Chowdhury Vs. Government of the People’s Republic of Bangladesh & others, 2015, 44 CLC (HCD)

.... J J.N. Deb Choudhury J Sarwar Alam Chowdhury being dead his legal heirs: 1(ka) Fazilatun Nessa Mimi and others. ......Petitioners Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Housing and Public Works & others.......Res......s to costs. Send down the record of the Court of Settlement. Communicate the judgment to respondent No. 1 at once. Zinat Ara J.- I agree. Ed. This case is also Reported in: ......s to costs. Send down the record of the Court of Settlement. Communicate the judgment to respondent No. 1 at once. Zinat Ara J.- I agree. Ed. This case is also Reported in: ......ngladesh Vs. Ashraf Ali @ Ashraf Ali and another, 49 DLR (AD) 161; Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, Government of Bangladesh and others, 59 DLR (AD) 165. Lawyers Involved: Md. Afzal Hossain, Advocate—For the petitioner S. Rashed Jahangir,..

Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35

Anwarul Islam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Education and Others. 2015, 44 CLC (HCD)

....Division (Special Original Jurisdiction) Present: Md. Rezaul Hasan J Farid Ahmed J Anwarul Islam (Md.)……….......................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Education and others...................Re......cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine. Ed.   This Case is also Reported in: 15 BLC (HCD) (2010) 349   ......cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine. Ed.   This Case is also Reported in: 15 BLC (HCD) (2010) 349   ......ich is bound to erode the Rule of law, so nakedly.                         Lawyers Involved: Zainul Abedin with M. Mahbubur Rahman Khan Fahima Barrin and Md. Sagir Hossai..

Category: Administrative Law | Date: 26 May, 2015 | Hits: 1

Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)

....n Nesa, AAGs. Assistant Attorney Generals—For Respondents. Writ Petition No. 10060 of 2012. Judgment Md. Ashfaqul Islam J.— At the instance of the petitioner, Finix Sweater Bangladesh Ltd. this Rule was issued in the following terms:- "Let a Rule Nisi be issued c......rder of stay granted earlier by this Court is hereby recalled and vacat­ed. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358   ......rder of stay granted earlier by this Court is hereby recalled and vacat­ed. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358   ...... other than this can be given on this count....... (11-14) Case Referred to- Peninsular Shipping Service Ltd Vs. Faruque Paint and Varnish Manufacturing Company Limited 59 DLR (AD) 26. Lawyers Involved: Md. Liton Ahmed, Advocate—For the Petitioner. Shahjada Al-Amin Kab..

Category: Banking Law | Date: 25 May, 2015 | Hits: 0

Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)

.... on the basis of Audit Report made by the Audit Directorate. The writ petition is hit by defect of parties. Because the petitioner without impleading the National of Board of Revenue/Auditor General, Bangladesh/ Secretary, represented by the Ministry of Law, Justice and Parliamentary Affair filed th......hat the demand by the Durnity Daman Commission on the basis of Audit Report made by the Audit Directorate. The writ petition is hit by defect of parties. Because the petitioner without impleading the National of Board of Revenue/Auditor General, Bangladesh/ Secretary, represented by the Ministry of ...... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361   ......d others............Respondents Judgment May 18, 2015. Result: The Rule is disposed of. Case Referred to- AA Engineering Ltd. Vs. Khulna University, 66 DLR (AD) 19. Lawyers Involved: Mahmudul Islam, Senior Advocate—Petitioner (In person). Md. Khursh..

Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2

Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)

....(AD) (2015) 263   ......osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263   ......osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263   ...... নাই এবং তদাধীনে নিষ্পন্ন হইবে”।........ (17) Case Referred to- Zamir Ali (Md.) Vs. Secretary, Ministry of Land, 52 DLR 125. Lawyers Involved: Ekramul Haque, Deputy Attorney-General, instruct­ed by Mvi. Md. Wahidulla..

Category: Administrative Law | Date: 12 May, 2015 | Hits: 6

Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)

....) (2015) 292.   ...... 342/11) Vs. Kalipada Mridha and others................Respondents (In both the petitioner) Judgment May 11, 2015. Result: The petitions are disposed of. Use of the National Anthem and Protection, Preservation and Maintenance the sanctity of The National Anthem&mda......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292.   ......d on the occasions specified in the Rules. The restrictions so imposed have been done for protection and preservation and upholding the sanctity of the national anthem............ (17 & 18)) Lawyers Involved: Asaduzzaman, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record..

Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5

Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)

....rdship's could not reach a unani­mous resolution respecting the ultimate consequence of the appeal as well as the guilt of the convict appellant, by order of the Hon'able Chief Justice of Bangladesh, the matter has been trans­mitted to this bench for hearing afresh and dis­posal.......d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185.   ......d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185.   ......ana Vs. State, 57 DLR 591; Seraj Talukdar Vs. State, 6 BLT (1998) 82 = 3 BLC 182; Jayanti Rani Panda Vs. State of West Bengal, 1984 Cri. LJ, page 1535; R Vs. Clarence, (1886-90) AER Report: 133. Lawyers Involved: Sasti Sarkeer with Muhammad Rezaul Kabir Khan, Advocates—For the Convic..

Category: Women and Children | Date: 5 May, 2015 | Hits: 3

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

.... Reported in: ...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ......the context of our constitutional dispensation. 4. Before we consider the question, it is to be noted that over the violence of women, the first legislation introduced on this soil is Cruelty to Women (Deterrent Punishment) Ordinance, 1983. Under this law the offences of kidnapping and abductin......n Fox Vs. The Queen, 2002(2) AC 284; Privy Council in Bowe Vs. The Queen (2006) 1 WR 1623; Barnard Vs. The Attorney General; Attorney General Vs. Susan Kigula; Godfrey Ngotho Mutiso Vs. Republic Lawyers Involved: M. I. Farooqui, Senior Advocate (with A.B.M. Bayezid, Advocate), instructed b..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

....preme Court Appellate Division (Civil Appellate Jurisdiction) Present: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Bangladesh Legal Aid and Services Trust (BLAST) and others ..........................................ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ......the context of our constitutional dispensation. 4. Before we consider the question, it is to be noted that over the violence of women, the first legislation introduced on this soil is Cruelty to Women (Deterrent Punishment) Ordinance, 1983. Under this law the offences of kidnapping and abd......i Vs. Union of India, AIR 1978 SC 597, (1980) 2 SCC 684; James Tyone Woodson and Luby Waxton Vs. State of North Carolina, 428 US 280; Trop Vs. Dulles, 356 US, at 100, 2I. Ed. 2d 630, 78S Ct 590. Lawyers Involved: M. I. Farooqui, Senior Advocate (with A.B.M. Bayezid, Advocate), instructed b..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86

Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)

....snain J Mohammad Ullah J Hossain Ali and Others…………………………..................Appellants Vs.  Government of Bangladesh and Others…………….............Respondent Judgment ......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37   ......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37   ...... Bhawal Raj Court of Wards Estate represented by its Manager Vs. Rashida Begum, 15 BLC (AD) 115 and Md. Aftab All Sheikh Vs. Director of Land Records and Survey and others,  58 DLR 397. Lawyers Involved: Md. Khairul Alam, Advocate—For the Petitioner Sashanka Shekhar Sar..

Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4

State Vs. Abdus Salam and others, 2015, 44 CLC (AD)

....urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376   ......urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376   ......urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376   ......recorded by the court below is such which could not have been possibly arrived by any court acting reasonably and judiciously and is, therefore, liable to be characterized as perverse.......(22) Lawyers Involved: Momtazuddin Fakir, Additional Attorney-General instructed by Sufia Khatun Adv..

Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10

Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)

....No. 2. Md. Harun-or-Rashid—For the Respondent No. 3. Writ Petition No. 7647 of 2013. Judgment Mahmudul Hoque J.- In this application under Article 102 of the Constitution of Bangladesh a Rule Nisi has been issued at the instance of the Petitioner calling upon the Respondent......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......aj Vs. Gurdial Singh, AIR (1967) SC 608; Sonali Bank; Shilpa Bhaban Corporate Branch, Dhaka Vs. Artha Rin Adalat, Narayanganj, 15 MLR (AD) 20; Prem Chand Day Vs. Mokhoda Desi, 17 ILR (1890) 699. Lawyers Involved: Shah Md. MunirSharif—For the Petitioners. M Muksedul Islam—..

Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10

Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)

....ellip;………Opposite Parties Judgment April 20, 2015. Result: The Rule is discharged. Case Referred to- Mirza Vs. Government of the Peoples Republic of Bangladesh, 31 DLR (AD) 1; Basanta Chandra Ghose Vs.Emperor, AIR 1945 FC 18; Narayan Singh Nathuram ......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbe­fore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbe­fore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......975) 27 DLR 658; S. Mohsin Sharif Vs. The Government of the Peoples of Republic of Bangladesh, 27 DLR 186; Abdul Latif Mirza Vs.The Government of the Peoples Republic of Bangladesh 31 DLR (AD) 1 Lawyers Involved: Khandker Mahabub Hossain with Moudud Ahmed AJ Mohammad Ali and M Masud Rana, ..

Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2

Moinuddin Hasan Rashid Vs. Registrar, Joint Stock Com¬panies and Firms and another, 2015, 44 CLC (HCD)

....he manner prescribed by the Com­pany's articles and the Companies Act.................... (13) Case Referred to- Jalaluddin Jafar Ali Husein Vs. Tahmid Ahmed, 6 MLR 28 = 52 DLR 141; Bangladesh Bank Vs. Sk Abul Hossain, 12 MLR (AD) 292 = 59 DLR (AD) 60; Union of India Vs. Harjeet Si......upon the hold­ing of such AGM. The cost of this Application shall be borne out of the funds of the Company. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 326   ......upon the hold­ing of such AGM. The cost of this Application shall be borne out of the funds of the Company. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 326   ...... 1772; Re El Sombrero Ltd., (1958) Ch. 900; Union Music Ltd. Vs. Watson (2003) EWCA Civ. 180 and (2004) BCC 37; Indian Spinning Mills Ltd. Vs. His Excellency Lt. General Madan, AIR 1953 Cal 355. Lawyers Involved: Sameer Sattar with Mamun Chowdhury, Advocates— For the Petitioner. ..

Category: Company Law | Date: 15 Apr, 2015 | Hits: 7

Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)

....ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed.      This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed.      This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed.      This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......t, though not referred to in the plaint, can be taken into con­sideration for deciding the question of rejection of a plaint.......(19) Case Referred to- 19 ELD 274 and 15 BLD 509. Lawyers Involved: Mir Mokhlesur Rahman, Advocate—For Petitioners. Zainul Abedin, Adv..

Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10

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     ......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     ......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     ......efence 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, instructed by Madhumaloti Chowdhury Barua, Advoc..

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

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

....mission found that US $ 1, 75,000 was transferred between 19-12-2005 to 16-1-2008 in their joint bank account in Singapore from the joint account of Julfikar Ali, who was then a consultant of Siemins Bangladesh Ltd. and his wife Rahima Ali. It was also revealed from the documents that the afore­...... petition for leave to appeal, in a nutshell, are: The prosecution case, in brief, is that accused Md. Hafiz Ibrahim was an influential parliament member elected from Bhola-2 constituency in 8th National Parliament. He was also a member of the Parliamentary Standing Committee of Ministry of Pla......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   ...................................Petitioner Vs. State and another...............................Respondents Judgment April 12, 2015 Result: The petition is disposed of. Lawyers Involved: TH Khan, Senior Advocate, (AM Mahbub Uddin, Advocate, appeared with him), ins..

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