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Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)

....to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......hraful Kamal J Zahidur Kazi and others…………...........Appellants Vs. The State…………………………………..........Respondent Judgment March 22, 2011. Lawyers Involved: Md. Kamrul Alam (Kamal), Advocate-For the appellants. Bashir Ahmed, Assi..

Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77

Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)

....the outcome of the immoral act of the P.W.1 and convict-Nazmul Islam, no doubt it is a social crime and morally and ethi­cally we can't appreciate or indulge such kind of immoral act. But, it is the principle of Criminal jurisprudence that an accused should be dealt in accordance with law and befor......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......……………..............................Respondent Judgment March 21, 2011. Result: The appeal is allowed. Case Referred to- Suhel Rana Vs. State, 57 DLR 591. Lawyers Involved: Harunur Rashid, Advocate - For the Appellant. Hazi Ebadot Hossain, Assis..

Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165

Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)

....962 in accepting the total income declared by the assessee company. 8. He referred to section 82C (5) and submits that the case of the applicant falls under the said pro­vision and hence the principle enunciated in 12 MLR is not applicable in the instant case. 9. We have heard the lear......any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......es... .....................................Respondent Judgment March 21, 2011. Case Referred to- Desh Petroleum Service Co. Ltd Vs. Commissioner of Taxes, Zones-5, 12 MLR 48. Lawyers Informed: Rafique-ul-Huq, Senior Advocate with Ms Nazmus Saliheen, Advocates —For..

Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123

GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

.... land in favour of appel­lants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ...... land in favour of appel­lants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......stries Bangladesh Limited.........Plaintiff-Respondent Judgment March 20, 2011. Result: The appeal is allowed. Cases Referred to- Wali, 19 DLR (Sc) 143; 28 DLR 392. Lawyers Involved: Fazlul Karim with Md. Omar Faruk—For the Appellants. No one appear..

Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2

Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)

....he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ......he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ...... Md. Ruhul Quddus J Md. Ferajtullah Sheikh……………………………Petitioner Vs. Md. Yusuf Ali and others…………………….Opposite Parties Judgment March 20, 2011. Lawyers Involved: Joya Bhattacharjee, Advocate-For the petitioner. Sk. Forhadul Haque, appear..

Category: Property Law | Date: 20 Mar, 2011 | Hits: 59

Chunnu Vs. State, 2011, 40 CLC (HCD)

....icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......984 BLD 257; Abdul Qaiyum Vs. State 6 BLC 415; AKM Ataur Rahman Vs. State 5 BLC 508; Md. Abdur Rahitn Mondol Vs. State, 29 DLR (SC) 246; Sana Ullah Vs. Crown, PLD 1954 Lahore 382= 6 DLR (WP) 90. Lawyers Involved: Khandoker Mahbub Hossain, with Md. Abdul Halim Mondal, Advocates—For th..

Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6

M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)

....peal is thus disposed of with the above obser­vations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ......peal is thus disposed of with the above obser­vations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ......ossain J M.A. Bari Talukder .........................................Petitioner Vs. Agrani Bank & others ....................................Respondents Judgment March 14, 2011. Lawyers Involved: Syed Amirul Islam, Senior Advocate instructed by Md. Nurul Islam Chowdhury, Adv..

Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247

Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)

....nk (Employees) Service Regulations, 1981 by specific reference incorporates Act No. XII of 1974 so far retirement and re-employment after retirement of employees are concerned as such, in view of the principle of "legislation by reference" subsequent amendments made in the referred statute...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448.   ...... Commissioner Dhaka Vs. Md. Alauddin alias Alauddin Sarker, 38 DLR (AD) 81; Dalutpur Jute Mills Ltd Vs. Income Tax Officer (Investigative), 26 DLR 5; Rupali Bank Ltd Vs. Arab Ali, 7 BLC (AD) 01. Lawyers Involved: AKM Fakhrul Islam—Far the Petitioner. Mahmudul Islam, Senior Advoc..

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3

Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)

....h the Courts found that the auction was held by practicing fraud upon the Court so the said concurrent finding of facts can­not be interfered with in revisional application. 10. It is well settle principle that the limitation is immaterial when any order obtained by practicing fraud upon Court. ...... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ...... Result: The Rule is discharged. Cases Referred to- 32 DLR 168; Government of Bangladesh Vs. Mashiur Rahman, 50 DLR (AD) 205; Shambhu Nath Poddar Vs. Bangladesh Railway, 43 DLR (AD) 82. Lawyers Involved: M Asif Hasan, Advocate - For the Petitioners.  Md. Jalaluddin, Advocate..

Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185

Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)

.... and therefore, a Rule Nisi should be issued. 31. In reply to the submissions made by the learned Advocates for the petitioner, the learned Attorney General submits that it is a long established principle of law that there can be no estoppels or waiver against any statutory provisions and as su......er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ...... March 8, 2011. Result: The writ petition is summarily rejected. Case referred to- United Commercial Bank Ltd and another Vs. Rahimafrooz Batteries and others, 7 BLC (AD) 73. Lawyers Involved: Dr. Kamal Hossain with Mahmudul Islam, Rokanuddin Mahmud, Kamal-ul-Alam, Sara..

Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438

Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)

.... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ...... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......) Rabi alias Sree Rabi Malo………Appellant (In Criminal Appeal No. 5688 of 2010) Vs. The State ………………………………….Opposite party. Judgment February 27, 2011. Lawyers Involved: Ashok Kumar Banik, Advocate-For the appellant (In Criminal Appeal No. 4860 of 2..

Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82

Executive Chairman, Bangladesh Export Processing Zones Authority (BEPZA) Vs. M/s. Abdul Mannan and anothers, 2011, 40 CLC (AD)

....ion of enforc­ing the arbitration agreement. The right to institute a suit in some Court is conferred, on a person having a grievance of a civil nature, und6r the general law. It is a fundamental principle of law that where there is a right there is a remedy. Section 9 of the Code of Civil Proce......ation thereof, we do not find any merit in these two leave petitions. Accordingly, these leave petitions are dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 86. ......Mills Corporation, 8 MLR (AD) 4 = 55 DLR (AD) 23; State of UP Vs. Janki Saran Kailash Chandra, AIR 1973 SC 2071; Popular Biscuit Limited Vs. Beximco Bremer Export Cantor Brand, 4 ADC (2007) 743. Lawyers Involved: Md. Bodruddoza, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record&mda..

Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10

Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)

....ree is not yet satisfied. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ree is not yet satisfied. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: .........................Petitioner Vs. Bangaldesh Bank and others ………..........Respondents Judgment February 22, 2011. Result The Rule is made absolute in part. Lawyers Involved: S. M. Moonir with Lokman Karim, Advocates-For the petitioner. Md. Mozibu..

Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187

Hussain Fabrics Ltd. Represented by its Managing Director and another Vs. Haji Momena Khatun and others, 2011, 40 CLC (AD)

.... evidence is not an arbitrary one, but is a judicial one circumscribed by the limitations specified in Order XL, rule 27, Civil PC If the additional evidence was allowed to be adduced contrary to the principles governing the recep­tion of such evidence, it would be a case of improper exercise of......ubstance hi the submis­sions of the learned Advocate for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 119. ......ustralasia Bank Ltd, PLD 1966 SC 684; Arjan Singh Vs. Kartar Singh, 1951 AIR SC 193; Syed Abdul Khader Vs. Rami Reddy, AIR 1979 SC 553; Government of Bangladesh Vs. Noorjahan Khan, 8 BLT (AD) 1. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mohd. Nawab Ali, Advocate..

Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5

Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)

....read with Rule 8(2) of the Muslim Marriages and Divorces(Registration) Rules, 1975 notice is required to be served upon the Nikah Registrar before cancellation of licence and it is also a fundamental principle of natural justice that no action shall be taken against any person without giving him any......dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ...... a notice to show cause and thereafter take steps as per law and if neces­sary cancel his licence.………………..(7) Cases Referred to- University of Dhaka Vs. Zakir Hossain, 16DLR (SC) 722. Lawyers Involved: Abdur Razzaq, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record..

Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8

Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)

....nt to note that High Court Division cannot decide the disputed question of title to the suit land; rather the same should have been decided by the competent Civil Court of law. 34. It is a settled principle of law that the proceeding under article 102(2) of the Constitution is a summary one and i......of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......an V. Azim Rahman, 20 DLR (1968) (SC) 71; Fatema Khatun and others Vs. DC, Dinajpur, 3 MLR (1998) (AD) 71; Tasmina Chowdhury and others Vs. Deputy Commissioner, Dhaka and others, 49 DLR (1997) 29. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate with S. R. Khosh Nabish, Advocate - For th..

Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176

Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)

....em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ......em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ...... Vs. M/S. Brick Linkers Ltd. and Others………………Respondent Judgment February 15, 2011. Case Referred To- Sarder Jan-e Alam Vs. Arab Bangladesh Bank Ltd., 4 BLC (AD) 178. Lawyers Involved: Haron-or-Rashid, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Reco..

Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189

Bangladesh National Women Lawyers Association Vs. Cabinet Secretary, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS]. ......sh”. We find the work to be a thorough exposition of the multi-faceted problems faced by domestic child workers. The study makes reference to numerous research studies in the field conducted by the International Labour Organisation (ILO), UNICEF, Save the Children Sweden and Denmark (SCSD) and man...... REPORT ON CHILD DOMESTIC WORKERS]. ..

Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265

Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)

.... of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......gong and others…... Respondents Judgment February 10, 2011. Result The Rule is discharged. Cases Referred to- 15 MLR (AD) 96, 13 BLC, 391; 14 BLC, 107 and 716. Lawyers Involved: Sk. Zulfiqur Bulbul Chowdhury, Advocate-For the Petitioner. Md. Shafique..

Category: Banking Law | Date: 10 Feb, 2011 | Hits: 192

Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)

....cases cited by Mr. Abdul Quayum. On reading of the decisions reported in 7 ADC 291, 56 DLR (AD) 22, 10 BLC (AD) 8 and section 307 of the Indian Succession Act, 1925, it seems to us that the principles as enunciated in those decisions as well as the provision of section 307 of the......rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53     ......he Indian Succession Act, 192; 575 BLT 425: 12 BLC 72349 DLR (AD) 135, 8 BLC 411, 59 DLR 695; 51 DLR (AD) 2217 ADC 291; 56 DLR (AD) 22; 10 BLC (AD) 815 BLT 425; 12 BLC 72315 BLT 425: 12 BLC 723. Lawyers Involved: Abdul Quayum and H.S. Deb Brahman, Advocates— For the Appella..

Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2