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Md. Alamgir Hossain and others Vs. Bangladesh Bank, repre­sented by the Governor and others, 2009, 38 CLC (AD)

.... as an extreme punishment for the alleged mis­conduct on 28.10.2003 in the office of the Governor of Bangladesh Bank. 4. It appears that the Bangladesh Bank Staff Regulations, 2003 in the guiding principle of the employee of Bangladesh Bank, rule 13(i) of the Regulations, 2003 clearly shows that...... instead of resorting to the shortcut pro­vision of rule 13(ii) of the Regulations, 2003. Accordingly, the petitions are dis­posed of. Ed. This Case is also Reported in: VII ADC (2010) 799. ................Petitioner (In Civil Petition No. 1324 of 2008) Vs. Bangladesh Bank, repre­sented by the Governor and others….......Respondents (In all the cases) Judgment July 26, 2009. Lawyers Involved: Abdur Rob Chowdhury, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advoca..

Category: Administrative Law | Date: | Hits: 215

Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)

....o that effect inasmuch as a suit for partition is beyond the scope of the suit of specific performance of con­tract and the same would change the nature and character of the suit. It is the cardinal principle of law that the plead­ing should not be allowed to be amend­ed which would change the na......ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......…………………………Respondent Judgment May 5, 2009. Cases Referred To- Kandu and others Vs. Woghu 3 DLR (PC) 310; Ma Shere Mye Vs. Maung Mothkaugn (3) L.R. 48 & A 217. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant. Nurul Islam Bhuiyan, Ad..

Category: Property Law | Date: | Hits: 37

Azizur Rahman Vs. Bangladesh Shilpa Rin Sangstha and ors., 2002, 31 CLC (HCD)

..... In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 107........ In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 107.......angstha and ors…………………………...Opposite Parties Judgment October 21, 2002. Case Referred To- Bangladesh Shilpa Rin Sangstha Vs. Fashion Wear Ltd., 1998 BLD (AD) 186. Lawyers Involved: Not represented‑ the Petitioner. AKM Nazrul Islam, Advocate‑ For the Opp..

Category: Civil Law | Date: | Hits: 79

Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)

.... the said manual give an indication how the various goods are classified. The following remarks appearing therein indicate the criteria which was applied: "(a) Finished products are classified, in principle, according to their function or purpose; if that criterion is not provided for in the List......de of cast iron materials and not sanitary fittings as alleged by the petitioner. He refers to different products produced under Class‑6, shown in alphabetical list of goods, in the Manual, namely, International Classification of Goods and Services, prepared by World Intellectual Property Organisa......cts Ltd AIR 1960 (SC) 142; New Light Chemical Industries Vs. Registrar of Trade Marks and another, 13 DLR 657; Ms, Zenith Laboratory (Pak) Ltd Vs. Ms, British Drug Houses Ltd., PLD 1970 Dacca 722. Lawyers Involved: Mohammad Moazzem Hossain, Advocate‑ For the Petitioner. Rokanuddin Mahmud,..

Category: Intellectual Property Law | Date: | Hits: 175

Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)

....action of such mutawalli beyond the authority as given in the waqf-deed or which are intended to result in the waste or loss of the waqf property will be valid or bind the waqf. These are the general principles regarding the administration and management of the waqf under the Muslim Personal Law. ......ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......ahmud Ali Vs. Md Asmatullah and others, 32 DLR (SC) 39; Jamaluddin Vs. Rabeya Begum, 32 DLR 63; Narain Das Vs. Kazi Abdur Rahim, (1920) 24 CWN 690; Shah Innayetuallah Vs. MA Khan, 16 DLR (SC) 238. Lawyers Involved: Zulfiqur Ahmed with Md. Salim, Advocates‑ For the Petitioner. Ozair Faruqu..

Category: Trust/Waqf Law | Date: | Hits: 228

Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)

....t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......……………………………..Respondent Judgment July 25, 2007. Cases Referred To- Mazharul alias Bhulan vs. State 10 BLC 209; Sohel Rana (Md.) vs. State 57 DLR 591; 1990 Criminal Law Journal (Calcutta) 650. Lawyers involved: ABM Waliur Rahman Khan—For the Appellant. F..

Category: Criminal Law | Date: | Hits: 44

Abdul Baten (Md.) Vs. Chairman, NBR & others, 2007, 36 CLC (HCD)

....rantees received in the above Writ Petitions to the respective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525.......rantees received in the above Writ Petitions to the respective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525.......iftah Uddin Choudhury J Abdul Baten (Md.)……………………………….Petitioner Vs. Chairman, NBR & others……………………Respondents Judgment August 15, 2007. Lawyers involved: Mahmudul Islam with Mizanul Haque Chowdhury and Md Hasan Rajib Prodhan, Advocat..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)

....rther appears from the medical report of accused Saltu that he was minor at the time of framing charge against him, though the age of other accused Rahamatullah was shown major. It is the established principle of law that there is no chance of joint trial of youthful offender and an adult. No matter......receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520....... 53 DLR 411; Sheele Barse vs Union of India AIR 1986 SC 1773; Baktiar Hossain vs State 47 DLR 542; State vs Deputy Commissioner 45 DLR 643; Arun Karmaker vs State 2002 BLD (AD) 76 = 7 BLC (AD) 61. Lawyers involved: Md. Shamsul Alam with Shamim Ahmed, Advocates— For the Appellants. ABM Wal..

Category: Criminal Law | Date: | Hits: 32

Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)

....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......ases Referred To- Dr. Jainand vs. Rex, AIR (36) 1949 Allahabad 291; SM Qamruzzaman vs. State 33 DLR 156; Balaka Singh vs. State of Punjab, AIR 1975 (SC) 1962; Ghulam vs. State, 1983 PCrLJ 196. Lawyers involved: Golam Kibria, Deputy Attorney-General with Md. Jamil Akkter Elahi, Assistant At..

Category: Criminal Law | Date: | Hits: 35

Taju and others Vs. State, 2007, 36 CLC (HCD)

....d a person guilty simply because he absconded right after the occurrence. In the decision of State vs. Lalu Mia and another 1987 BLD (AD) 212 = 39 DLR (AD) 117 Justice Shahabuddin Ahmed observed this principle in the following manner: "Absconsion by itself is not an incrimi­nating matter, fo...... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......nt April 22, 2007. Cases Referred To- Nizam Hazari vs. State, 53 DLR 475; Abdul Hai Sikder vs. State, 43 DLR (AD) 95; State vs. MM Rafiqul Hyder, 45 DLR (AD) 13; Yuill vs. Yuill All England Law Reports 1945 183; State vs. Lalu Mia, 1987 BLD (AD) 212 = 39 DLR (AD) 117; Abdus Salam vs. State..

Category: Criminal Law | Date: | Hits: 42

Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)

....e emphatically sub­mits that the position of law laid down by their Lord­ships by judgment and order dated 7-2-2005 in the aforesaid jail appeal is not only contrary to law but also the established principle laid down in the case of Gahena vs State reported in 20 DLR (WP) 271 and Kamruzzaman vs St......y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ...... Vs. State.......................................Respondent Judgment April 15, 2007. Cases Referred To- Gahena vs. State 20 DLR (WP) 271, Kamruzzaman vs. State 42 DLR (AD) 219 . Lawyers involved: Lucky Begum, Advocate—For the Appellant. Fida M Kamal, Attorney-General wi..

Category: Criminal Law | Date: | Hits: 43

Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)

....is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expedi­tiously. Ed. This Case is also Reported in: 59 DLR (2007) 492.......is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expedi­tiously. Ed. This Case is also Reported in: 59 DLR (2007) 492.......shfiqul Islam vs. State 52 DLR 593; Tariqul Islam vs State 2001 BLD 140 = 6 BLC 134; Abdur Razzaque 51 DLR 83; Kamruzzaman vs. Babul Sikder 47 DLR 416; Babul vs. State 5 MLR 377 and 1988 BLD 106 . Lawyers involved: Md. Abul Hossain Azadi, Advocate—For the Appellant. Md. Rabiul Karim, Assi..

Category: Criminal Law | Date: | Hits: 42

Anisur Rahman Gazi alias Anisur alias Chhotu Vs. State, 2007, 36 CLC (HCD)

....be set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 488. ......be set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 488. ......Abul Hasem Master vs State 44 DLR 159; Iftekhar Hassan Chowdhury vs State 47 DLR 451; Telebur Rahman vs State 49 DLR 167; Abul Kashem vs State 50 DLR 356 and Nazrul Islam vs State 50 DLR 515 . Lawyers involved: Hasan Foez Siddique with AKM Monir-uz-zaman Kabir, Advocates—For the Appellan..

Category: Criminal Law | Date: | Hits: 34

HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)

.... excluded. 20. The submissions of the learned Advocates was mainly focused upon the clause, "অন্যান্য সকল প্রকার শুল্ক বা কর" In view of the principles of statu­tory interpretation, all other duty or tax as mentioned in the clause shall inc......tual export of the finished goods as drawback expeditiously, pre­ferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483.......….Petitioner Vs. National Board of Revenue and others…………………Respondents Judgment July 25, 2007. Case Referred To- Zaminur Rahman vs Bangladesh, 31 DLR (AD) 171 . Lawyers involved: Mahmudul Islam with MA Hannan, Advocates—For the Petitioner. Salauddin..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

.... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480....... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480.......………..Respondents Judgment June 7, 2007. Cases Referred To- Sekander Ali Mia vs. Chairman, BIWTA 40 DLR (AD) 262, Shamsunnahar Salam vs. Mohammad Wahidur Rahman 51 DLR (AD) 232 . Lawyers involved: Md. Shakhawat Hossain, Advocate—For the Petitioner. AKM Salahuddin Khan, A..

Category: Property Law | Date: | Hits: 34

Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)

....e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ....... Tajul Islam 49 DLR (AD) 177; Mallikpur Fishermen's Cooperative Society vs. Secretary, Ministry of Land 1995 BLD (AD) 243 = 48 DLR(AD) 88; Baber Ali Pramanik vs. Mosar Ali Pramanik 45 DLR(AD)120. Lawyers involved: Md. Jafor Ali, Assistant Attorney-General—For the Petitioners. M. Khaled A..

Category: Property Law | Date: | Hits: 28

Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)

....1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......tafa and others Vs. Kazem Ali Khan @ Kazal Khan and others, 50 DLR 544; Shafiq Mia and others Vs. Hafizuddin Ahmed and others, 11 DLR 353; Md. Azizul Bari Vs. Md. Ismail and another, 19 DLR 184. Lawyers Involved: None appears for the Parties. Civil Revision No. 156 of 1996. Judgment ..

Category: Property Law | Date: | Hits: 37

Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)

....of payment of money to the petitioners. That the earlier suit and case between the same set of parties over the same subject matter should be disposed of first than the later suit as per well settled principles of law, but the learned court below by not doing so caused miscarriage of justice resulti......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......ravartty J Mohsina Rahman alias Jaya………………………….Petitioner Vs. Abdul Majid and others…………….………………..Opposite Party Judgment June 24, 2001. Lawyers Involved: Bakhtiar Hossain, Advocate — For the Petitioner. MA Samad with Bazlul Kas..

Category: Civil Law | Date: | Hits: 77

Hamida Real Estate Construction Ltd. and another Vs. Malika Hasina Jahan (Lili) and others, 2007, 36 CLC (HCD)

.... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires. Ed. This Case is also Reported in: 59 DLR (2007) 470. ...... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires. Ed. This Case is also Reported in: 59 DLR (2007) 470. ......on Ltd. and another ………….Petitioners Vs. Malika Hasina Jahan (Lili) and others……………………………..Opposite Parties Judgment January 29, 2007. Lawyers involved: Md. Ozair Farooq with Sk. Md. Murshed and Md. Zaman, Advocates—For the Pe..

Category: Property Law | Date: | Hits: 34

Abdul Aziz Master (Md) and others Vs. State, 2005, 34 CLC (HCD)

....r the Sessions Case 248/2002 as the case under Nari-o-Shishu Nirjajtan Daman Ain, 2000 and issue warrant against the rest accuseds. The revision case is accordingly, disposed of." 6. It is settled principle of law that naraji is a fresh complaint. The order passed by the learned Sessions Judge ta......ake proper steps as per observations made in the body of the judgment. The order taking cognisance by the learned Sessions Judge is quashed. Ed. This Case is also Reported in: 59 DLR (2007) 468. ......Master (Md) and others ……………….Accused Petitioners Vs. State………………………………………………………………..Opposite Party Judgment April 5, 2005. Lawyers involved: Habibul Islam Bhuiyan, Senior Advocate with Md. Aminul Haque Helal, Advocate—..

Category: Criminal Law | Date: | Hits: 33