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GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)

....r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......heque remains unrealised." 5. We have heard the learned Counsels appearing for both the sides and carefully perused the application under section 561A of the Code of Criminal Procedure: connecting order sheets, Counter-Affidavit filed 'on behalf of the opposite party No.1 and Supplementary Affida......ereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......D) (2004) 205. ..

Category: Banking Law | Date: | Hits: 237

Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)

....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ...... the accused petitioner Loskoar Mohammed Mostan Billah upon an application under section 439 of the Code of Criminal Procedure calling upon the Deputy Commissioner, Khulna to show cause as to why the order dated 22­10‑2001 passed by the learned Additional Sessions Judge, 4th Court, Khulna and Spe......Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ...... High Court Division (Criminal Revisional Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Loskor Md. Mostan Billah……………….Petitioner Vs. State……………………………………………….Respondents ..

Category: Criminal Law | Date: | Hits: 56

State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)

.... missing since 23rd February, about one and a half to two years ago. Akimul has served as telephone operator in Lokpur Fish Company. His whereabouts cannot be traced out. He heard from the newspapers published on 29‑9‑99 that Ershad Sikder killed a boy of Jhenaidah, by breaking his hands and leg......tional Sessions Judge, 1st Court Khulna for confirmation of sentence of death awarded to the condemned prisoners Ershad Ali Sikder, Faruk Jamai and LM Liaquat Ali Lasker, pursuant to the judgment and order of conviction dated 31‑1‑2001 in Sessions Case No. 43 of 2000. Besides jail appeals, the c......wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......n (Criminal Appellate Jurisdiction) Present: SK Sinha J MM Rahman J State..........................................Appellant Vs. Ershad Ali Sikder and others........Condemned Prisoner Judgment February 18, 2004. Cases Referred to- Mitthulal and another Vs. State of M..

Category: Criminal Law | Date: | Hits: 110

Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)

....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ...... brother Obaidul Islam alias Shipon (PW5). He, also, demonstrated how at the call of accused Selim, accused Babul Sikder fired at the chest of his father Ismail Kha with firearm. He indicated that in order to get rid of the murder case the accused persons filed a false dacoity case and Final Report ......ul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ....... 3040 of 2001. Judgment AK Badrul Huq J.- Bad blood and strained relationship which existed between two families living in same homestead resulted in extermination of eldest member and head of one family Ismail Kha. The consequent Judicial verdict of conviction for offence of sections 302/34 ..

Category: Criminal Law | Date: | Hits: 54

Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)

.... not been demoted rather he was transferred to a post of equal rank, status and pay. Respondent No.2 by filing a supplementary affidavit in opposition stated that the notification dated 25‑4‑1992 published in the Bangladesh Gazette on 14‑5‑1992 the post of Superintendent of Customs and Excis......00) should not be declared to be ultra vires of Articles 133 and 136 of the Constitution of the People's Republic of Bangladesh and, as such, illegal and without lawful authority and why the impugned order No. 7(2) Shu: Va: Pro­3/2000/613 dated 20‑8‑2000 as corrected by order dated 28‑8‑200......reby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ...... (Special Original Jurisdiction) Present: SAN Mominur Rahman J Md. Arayes Uddin J Salahuddin Talukder (Md).....................................................Petitioner Vs. Government of the People's Republic of Bangladesh.................Respondent ..

Category: Employment/Service Law | Date: | Hits: 116

Grameen Telecom Vs. Dr. Rowshan Alam and others, 2010, 39 CLC (AD)

....y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ......ed by Md. Abtab Hossain, Advocate-on-Record-For Respondent Nos. 1 and 2. Not Represented-For Respondent Nos.3-75. Civil Petition for Leave to Appeal No. 2029 of 2010. (From the judgment and order dated 25.7.2010 passed by the High Court Division in Civil Revision No. 1932 of 2010.) Judg...... in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ......re. Supreme Court Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Grameen Telecom..................................Petitioner Vs. Dr. Rowshan Alam and others ...............Respondents Judgment October 25, 201..

Category: Procedural Law | Date: | Hits: 115

Arefin Mehanati Bahomukhi Samabaya Samity Ltd. Vs. Additional Deputy Commissioner Revenue and others, 2010, 39 CLC (AD)

....petition is accordingly dismissed with cost of Tk. 5,000.00 to be paid by the learned Counsel for the petitioner. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 68, VIII ADC (2011) 155. ......cate, instructed by Mr. Mahbubur Rahman, Advocate-on-Record-For the petitioners. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 381 of 2009. (From the judgment and order dated 3.12.2008 passed by the High Court Division in Civil Revision No.273 of 2004.) Judgme......itioner. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 68, VIII ADC (2011) 155. ......Court Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Arefin Mehanati Bahomukhi Samabaya Samity Ltd...................Petitioners Vs. Additional Deputy Commissioner Revenue and others..........Respondents Judgment ..

Category: Property Law | Date: | Hits: 58

Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)

....ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......or Advocate, instructed Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 383 of 2009. (From the judgment and order dated 28.7.2008 passed by the High Court Division in Civil Revision No. 3570 of 2000.) Judg......ordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......39...

Category: Property Law | Date: | Hits: 48

Ocean Containers Ltd. Vs. Government of Bangla­desh and others, 2002, 31 CLC (HCD)

.... of the NBR found the said undertaking of the petitioner company involved the business of preserving containers on rent. Subsequently, SRO No. 354 Law/99 dated 2‑12‑1999 was issued by the NBR and published in the Gazette dated 5‑12‑1999 recognising/identifying some undertakings as providing ......etitioner company as an undertaking providing physical infrastructure facilities from the date of its promulgation purporting to exclude the petitioner company from the tax exemption and the impugned orders dated 18‑10‑1999 and 17‑2‑2000 vide Annexures C and F to the writ petition, respectiv......result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......preme Court High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Abdus Salam Mamun J Ocean Containers Ltd………………………..………….Petitioner Vs. Government of Bangla­desh and others.........Respondents Judgment December 10,..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)

....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......f procuring the release of an accused charged with an offence by ensuring his future attendance in court for trial. The act of arrest directly affects the freedom of movement of a person arrested. An order of bail gives back the accused that freedom on condition that he would appear to take his tria......rdingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......Supreme Court High Court Division (Criminal miscellaneous Jurisdiction) Present: A K Badrul Haq J Nazrul Islam Chowdhury J Patwary Rafiquddin Haider……............Accused-Petitioner Vs. State and another ……….................Opposite Parties Judgment May 8, 2..

Category: Criminal Law | Date: | Hits: 79

Syed Afsaruddin Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others, 2009, 38 CLC (AD)

....e, registered as Miscellaneous Case No. 218 of 1986, and the same was dismissed for default on 18.03.1990 and that the suit property has been enlisted in the ‘Ka’ list of the abandoned properties published in the gazette dated 23.09.1986 and that the writ petitioner moved the Settlement Court un......r Advocate instructed by M.G. Bhuiyan, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 934 of 2008. (From the judgment and order dated 27.11.2007 passed by the High Court Division in Writ Petition No. 6916 of 1997.) Judg......ssed Ed. This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127. ......1) 127. ..

Category: Property Law | Date: | Hits: 54

Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)

.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......ber 8909. Thereafter on 28-11-94 the petitioner was directed to declare the value of the said goods at US $ 670.00 per metric ton by way of an endorsement on the back of the BIE which is the impugned order. In Writ Petition No.2261 of 1995 the petitioner M/s Afsar Oil and Vegetable Products Priva...... Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ...... (2000) 382. ..

Category: Fiscal/Taxation Law | Date: | Hits: 79

Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)

....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......us Case No. 2786 of 1995. Judgment SK Sinha J.- Points involved in this Rule are, whether a Magistrate can initiate a proceeding under section 188 of the Penal Code for alleged violation of his order without making a formal complaint and that whether a revision petition under section 438 of th......Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......CD) (2000) 379...

Category: Criminal Law | Date: | Hits: 57

Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)

....estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......No. 80 of 1995. Judgment Mahmudul Amin Choudhury J. - These two reference, applications have been filed by the Revenue under section 160 of the Income Tax Ordinance, 1984 which arose out of two orders of the same nature in respect of ITA No. 55 of 1994-95 for the assessment year 1989-90 and IT......irmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ...... is also Reported in: 51 DLR (HCD) (1999) 152. ..

Category: Fiscal/Taxation Law | Date: | Hits: 99

Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)

....In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......ication appears to be out of time by 399 days. The explanation for delay is that the petitioner wrongly filed Miscellaneous Appeal No. 80 of 1994 before the District Judge, Dhaka against the impugned order dated 28-3-94. The petitioner invoked the application of section 14 of the Limitation Act due ...... Mazharul Haque Qureishi ……………….Petitioner Vs. Giridhari Rishi and others…………………Opposite Parties Judgment July 11, 1998. Cases Referred to- Sakhawat Hossain vs. Chowdhury Muhammad Sarwar and another, PLD (Dhaka) 1968 at page 557; Faziul Khan vs. Agrani B...... Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149...

Category: Property Law | Date: | Hits: 57

Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman DD, Bureau of Anti Corruption, Dhaka and others, 1998, 27 CLC (HCD)

....sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 145.......respondent No. 3 District and Sessions Judge, Dhaka according permission to the respondent No. 1 Deputy Director, Bureau of Anti Corruption, Dhaka to seize certain documents (of 9 account holders) in order to facilitate investigation has been called in question. Accordingly, respondent No. 1, Deputy......egally and the same is without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 145....... (HCD) (1999) 145...

Category: Criminal Law | Date: | Hits: 41

Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)

....1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......iling written statement. During pendency of the suit plaintiff Khairunnessa died some time in 1994 and subsequently, the heirs of said Khairunnessa i.e. the present respondents, were substituted vide order dated 29-9-94 by the trial Court. 4. The trial Court framed the following issues: (1) Wh......Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......9) 141. ..

Category: Property Law | Date: | Hits: 116

Mainul Haque (Md.) Vs. Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, 1998, 27 CLC (HCD)

....efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 136.......slam, Advocates— For Respondent No. 2. Writ Petition No. 3607 of 1997. Judgment Md. Fazlul Haque J. - This Rule was issued calling upon the respondents to show cause as to why the impugned order contained in Memo No. 434 (9)/WDB/Discipline/See-3/Complaint (ka)20/93 dated 5-12-95 (Annexure......desh Water Development Board (Employees) Service Rules, 1982, i.e. under the law. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 136.......1 DLR (HCD) (1999) 136...

Category: Employment/Service Law | Date: | Hits: 72

Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)

....ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ...... Abedin, Advocates— For the Opposite Parties. Civil Revision No.121 of 1990 Civil Revision No. 2480 of 1991. Judgment Gour Gopal Saha J. - This Rule is directed against the judgment and order dated 10-1-90 passed by the District Judge, Gaibandha in Misc. Appeal No. 72 of 1988 reversing......ha J Tahera Khatun Bibi and others……….……Petitioners Vs. Abdul Jalil Mandal and others……....Opposite Parties Judgment June 11, 1998. Lawyers Involved: Mozaffar Hossain, Advocate — For the Petitioners. Mansur Habib with Zainul Abedin, Advocates— For the Oppos...... Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ..

Category: Property Law | Date: | Hits: 56

Mukit and others Vs. State, 2011, 40 CLC (AD)

....in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......2011. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Criminal Appeal No. 519 of 2010. (From the judgment and order dated 26th October, 2008 passed by the High Court Division in Criminal Appeal No. 2213 of 1997...... connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ...... 56. ..

Category: Criminal Law | Date: | Hits: 49