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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 ......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
....inserting the possession of respondent No. 9 in the Remark Column which is of no legal effect; that the respondent No. 4 in holding a Secret Inquiry in collusion with respondent Nos. 5-7 violated the principle of Natural Justice and also infringed the fundamental rights of the petitioner as guarante......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. ......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
....udgment.”
11. And in the case of Government of Bangladesh and others Vs. Bibi Marium and other, reported in 54 DLR (AD) 100 wherein their Lordships held that,
“It is now settled principle of law on interpretation of section 5(1)(b) of the Abandoned Buildings (supplementary prov......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
....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)
....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)
.... 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 ...... 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
Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....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 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)
....kder Vs. State, 6 BLT High Court Division, 99 page 73. In reply the learned Assistant Attorney General vehemently argued that in such a matter of sexual offence it has been by the time a settled principle that a conviction may well base on the solitary testimony of the prosecutrix alone an......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
....s we notice the killing of women or minor girls by pouring corrosive substances over petty matters, which could not be imagined of to be perpetrated in the western countries. We would not incorporate principles foreign to our Constitution or be proceeding upon the slippery ground of apparent similar......overnment fixed for a single offence is 20 years in section 55 while the lowest term for one offence is 24 hours in section 510.
19. Sentencing an offender is an important branch of the law. The International Union of Criminal Law of French group in 1905 recommended that ‘there should be ......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
....s we notice the killing of women or minor girls by pouring corrosive substances over petty matters, which could not be imagined of to be perpetrated in the western countries. We would not incorporate principles foreign to our Constitution or be proceeding upon the slippery ground of apparent similar......overnment fixed for a single offence is 20 years in section 55 while the lowest term for one offence is 24 hours in section 510.
19. Sentencing an offender is an important branch of the law. The International Union of Criminal Law of French group in 1905 recommended that ‘there should reo......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)
....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
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....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)
....elates to the detention of the detenu. The facts and circumstances of the case referred to above and the facts and circumstances of the case in hand are not similar and identical. Therefore, the principle expounded in the case referred to above does not apply in the facts and circumstances of t......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
....her that the BSEC on being informed of such subscription by the Ells, marking the successful completion of the price discovery exercise, eventually issued its Consent Letter of 9-12-2014 endorsing in principle the right of the Company to declare any benefit/dividend based on the Financial Statement ......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. ......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)
.... is not mandatory in nature. Non submission of report by the investigating officer within 45 working days cannot be a good ground for quashing the proceedings......... (48) The settled principle is that while considering of the application under section 561A of the Code the High ......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)
....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 ......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
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....n Machhi Singh this Court observed that though the “community” revered and protected life because “the very humanistic edifice is constructed on the foundation of reverence for life principle” it may yet withdraw the protection and demand death penalty. The kind of cases in w......p; The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka……………………......AIR 1960 SC 266); Adamji Umer Dolal Vs. State of Bombay, AIR 1952 SC 14; Roghunath Vs. Paria (AIR 1967 Goa 95); Sham Sundar Vs. Puran AIR 1991 SC 8; Mangal Singh Vs. State of UP, AIR 1975 SC 76. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, with Mohammad Nazrul Islam, Senior ..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
....ble to section 156(1) of the Act, as separate proceedings ought to have been initiated;
(6) show-cause notices for demand of duties, taxes, etc. were not served upon the petitioner violating the principle of natural justice and therefore, the impugned orders are unlawful and liable to be struck......t 50% of the value of the vessels. So, the petitioner was unable to export those vessels within the bonding period. In this connection, the petitioner filed a case being No. 409 HKO 92/12 in the International Court, Germany. The refund guarantee was cancelled and revoked by the said Court by or......hargeable thereon with interest. For the purpose of recovery of unpaid duties, taxes, etc. no previous show-cause notice is necessary, because it is not a penal action .................(19)
Lawyers Involved:
Md. Shahidul Islam, Advocate—For the Petitioners.
SM Maniruzzaman,..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
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