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Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ...... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. .............................Respondents Judgment May 16, 2011. Result: The Rule is made absolute. Case Referred to- SDS Dairy Limited Vs. Bangladesh and others. ( unreported decision) Lawyers Involved: Shah Md. Munir Sharif with Mohammad Imran Jahangir, Advocate - For the petition..

Category: Banking Law | Date: 16 May, 2011 | Hits: 179

S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....d withdrawal of the same on 10.09.2007 the impugned act of the respondents in accepting the said resignation on 22.07.2008 almost 10 (ten) months after it’s withdrawal is against the established principle of law. In this connection drawing attention to Annexure-J series Mr. Akhter Imam further...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......982)1 Serv L.J 422(HP); Raj Kumar Vs. Union of India reported in AIR 1969 (SC) 180; Secretary, Ministry of Finance and Others Vs. Md. Abdur Rashid and others, 12 BLC (AD) 13; 12 BLC (AD) 142. Lawyers Involved Akhtar Imam, Senior Advocate with Ms. Rubaiya Zara Khan, Advocate with Md. Ka..

Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22

Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)

....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......hellip;…Opposite party Judgment May 15, 2011. Result: The Rule is made absolute. Case Referred to- Indu Bhushan Chatterjee Vs. State, AIR 1955 Calcutta 430. Lawyers Involved: Yousuf Hossain Humayun, Senior Advocate with Awsafur Rahman, Advocate - For t..

Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211

Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)

....tion and pass orders based solely on their personal predilections and peculiar dispositions. Judicial discretion wherever it is required to be exercised has to be in accordance with law and set legal principles”. 28. The High Court Division unnecessarily traveled beyond the writ in giving direct...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ......bhai Nanbhai Khachar and others Vs. State of Gujarat and another, 1995 Supp (1) SCC 596; M.I Builders PVt. Ltd. Vs. Radhey Shyan Sahu, AIR 1999 S.C. 2468; Heydon case, (1584) 3 Co Rep 7a: 76 ER 637. Lawyers Involved: A.F. Hassan Ariff, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-..

Category: Property Law | Date: 15 May, 2011 | Hits: 100

Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)

....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......l Aziz (Md.) and another Vs. State, 2 BLC 630; Mohammad Abdul Khaleque & others Vs. The State, 12 DLR (SC) 165, Shan Khan Vs. The State, 18 DLR (WP), 91, State Vs. Badshah Mollah, 41 DLR 11. Lawyers Involved: Rabiya Bhuiyan with Rafiqur Rahman Patwary, Nikhil Kumar Biswas and Shahanara..

Category: Women and Children | Date: 15 May, 2011 | Hits: 95

Mohammad Tayeeb and another Vs. Government of the People’s Republic of Bangladesh (Fatwa Judgment), 2011, 40 CLC (AD)

....ing justice in its proper spirit. 20. This judicial power of review is now exercised all over the globe and expressly accepted by all including in Bangladesh. Next, I shall consider how the principle of legitimate expectation came into being. 21. Generally speaking, without any legal ......authorized, is maintained. No order as to costs. This Case is also Reported in:                   ......nt) (2010) BLD, Special Edition-2; Dr. Mohiuddin Farooq Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others, (1997) 49 DLR (AD) 01. Lawyers Involved: Muhammad Nazrul Islam, Senior Advocate (with Md. Ahsanullah Chowdhury, Advoca..

Category: Civil Law | Date: 12 May, 2011 | Hits: 34

Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)

..... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ......: The Rule is made absolute. Cases Referred to- Rahit Pulp Paper Mills Vs. Collector of Central Excise, AIR 1991 SC 754; Indu Bhushan Chatterjee Vs. State, AIR 1955 Calcutta 430. Lawyers Involved Yousuf Hossain Humayun, Senior Advocate with Md. Khairul Alam, Advocates - For..

Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223

Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)

.... Adalat, Sherpur decreeing the suit in part. 2. The appellant as plaintiff instituted Artha Rin Case No.14 of 1996 impleading the respondent as defendant for realization of Tk. 1,53,412/- as the principle amount along with interest and other charges. 3. The plaintiff in his plaint stated i......aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......……………………………Plaintiff-Appellant Vs. Sree Babu Jiban Kumer Shaha ……………Respondent Judgment May 11, 2011. Result The appeal is allowed. Lawyers Involved: Md. Harunur Rashid, Advocate-For the Plaintiff-Appellant. Not represente..

Category: Banking Law | Date: 11 May, 2011 | Hits: 210

Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)

....suit before appropriate Court and accordingly she instituted the suit. 5. The defendant No.1 submitted a written statement contending inter alia, that the suit is not maintainable, barred by the principles of estoppels, acquiescence, waiver, bad for insufficient of Court fees. The real facts of......aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11.     ......owdhury, 54 DLR (AD)7; Chittaranjan Chakraborty Vs. Md. Abdur Rab 49 DLR (AD) 96; Rustom Ali Bhuiyan Vs. Md. laser Ali 10 MLR (AD) 85; Malik Huq Vs. Md. Shamsul Islam Chowdhury, 13 DLR (SC) 228. Lawyers Involved: Ahsanul Karim, Advocate—For the Appellant. Dr. M Zahir, Advocate&..

Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9

Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)

....llowing issues in the instant Admiralty Suit No. 27 of 2009: Is the suit maintainable under the Admiralty jurisdiction in its presence form and manner? Is the suit is barred by the principles of limitation, estoppel, waiver and acquiesce? Is their any cause of action against......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......endants. Judgment May 4, 2011. Result: All the Issues have been disposed off. Case Referred to- Marine Oil Broking Company Pte Ltd. Vs. Daizu Maru, 55 DLR (HC) 471. Lawyers Involved Kamal-ul-Alam with Giasuddin Ahmed, Advocate-For the plaintiff. (In Admiralty ..

Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70

Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)

....hat Judges must dispense justice in accor­dance with law only. But in the case in our hand we find that the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal has forgotten the estab­lished principle of law in respect of granting bail and rejecting the application for bail. She has violat......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......th-sinh Judeja Vs. State, AIR 1984 (SC) 372; Habibur Rahman Chowdhury Vs. State, 3 BCR (SC) 50; Khair Fakir Vs. State, 35 DLR 167; Sree Kalyan Kumar Vs. State, 40 DLR (AD) 290; PLD 1972 (SC) 81. Lawyers Involved: Sk Muhammad Serajul Islam, Advocate - For the Accused Appellant. KM Zahi..

Category: Women and Children | Date: 2 May, 2011 | Hits: 171

M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)

....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......pping Lines Limited, Hadi Mansion, 9th floor, 2, Dilkusha Commercial Area, Dhaka-1000. Judgment April 25, 2011, April 26, 2011, April 27, 2011. Result: All the issues are disposed off. Lawyers Involved M.B. Taz Mohammed, Advocate-For the plaintiff. Monjur-ur-Rahim with Ms. Afree..

Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64

National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)

.... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ...... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ...... Lt. Col. Kazi Shahid Ahmed (Retd.)…….……………............Respondent Judgment April 26, 2011. Result: The appeal is allowed. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Ibrahim Khalil, Advocate-o..

Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217

A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)

....side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ......ellant Vs. The State…………………………………………………..Respondent Judgment April 25, 2011. Cases Referred To- 58 DLR 500; 10 DLR (SC) 29; 48 DLR (AD) 294. Lawyers Involved: Abu Taher Md. Saifur Rahman, Advocate-For the appellant. Md. Shohrowardi, De..

Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200

Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)

....o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......…………... Appellants Vs. The State …………………………………........... Respondent Judgment April 17, 2011. Result: The appeal is allowed. Lawyers Involved: No one- For the appellant. Ms. Rona Nahrin, Assistant Attorney General-F..

Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159

Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)

....we find no merit in the sub­missions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ......we find no merit in the sub­missions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ......s by way of filing an election petition before the concerned Election Tribunal..............................(12) Case Referred to- Kazi Mukhlesur Rahman Vs. Bangladesh, 26 DLR (AD) 44. Lawyers Involved: Ahsanul Karim, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Reco..

Category: Election Law | Date: 3 Apr, 2011 | Hits: 168

Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)

.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ......lin Ali and others........................................Opposite parties Judgment March 31, 2011. Case Referred to- Hossain Ahmed Chowdury and others Vs. Nurul Amin, 47 DLR (AD) 162. Lawyers Involved: A. B. Roy Chowdhury, Advocate-For the petitioners. Not represented- the Oppo..

Category: Property Law | Date: 31 Mar, 2011 | Hits: 68

Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)

.... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ...... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......Aynal Haque ……………………………………………Petitioner Vs. The State ……………………………………………….Opposite party Judgment March 30, 2011. Lawyers Involved: S.M. Shahjahan Kabir, Advocate -For the petitioner. Bashir Ahmed, Assistant ..

Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100

ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)

....o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......been caused in all possibilities due to misjudgment or lack of due care short of criminal intent and motive on the part of the person or persons who took the decision........................(39) Lawyers Involved: Main Uddin, Advocate—For the Appellant. Harunur Rashid, Advocate&m..

Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3

Md. Zaved Khan Vs. Anti Corruption Commission and others, 2011, 40 CLC (HCD)

....vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ......vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ......………….Petitioner Vs. Anti Corruption Commission and others………………………..Respondents Order March 22, 2011. Result: The application is summarily reject­ed. Lawyers Involved: Md. Hedayet Ullah, Advocate - For the Petitioner. Md. Khurshid Alam Khan, A..

Category: Criminal Law | Date: 22 Mar, 2011 | Hits: 75