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Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)

....on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ......on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ......on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ......dge, for passing the judgment on the light of the observations made in the body of the judg­ment....... (9) Case Referred to- Joynal Abedin Mollah Vs. Atiar Rahman, 2 BCR (AD) 431. Lawyers Involved: Rowshan Alam Khan, Advocate—For the Defendant-Respondent-Petitioners. ..

Category: Property Law | Date: 6 Apr, 2014 | Hits: 9

State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)

....ars—For the Opposite Parties. Criminal Revision No. 3544 of 1991 Judgment Syed Md. Ziaul Karim J. — By this Rule, the State, represented by the Solicitor, Government of the Bangladesh as petitioner has challenged the legality and propriety of the order dated 20-8-1991 pass......e is directed to dis­pose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ......e is directed to dis­pose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ...... a heinous crime. Stoppage of the trial did not mean an end of the woes of the accused. A revival would revive his woes. ... (18) Case Referred to- Md. Aslam Vs. State 19 DLR (SC) 242. Lawyers Involved: Sakila Rowshan, DAG with Sharmina Haqaue, AAG and Md. Shorwardhi, AAG—F..

Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3

AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....pecial Original Jurisdiction) Present: Quazi Reza-ul-Hoque J ABM Altaff Hussain J AZM Tajul Islam...........................................Petitioner Vs. Government of Bangladesh and others.............Respondents Judgment April 3, 2014 Result: The......seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266.     ......seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266.     ......D) 193; M Abu Raihan Vs. Bangladesh, 7 BLC 44; Md. Anwarul Haque Vs. Government of Bangladesh, VIII ADC 787; Matiur Rahman Vs. Bangladesh, 50 DLR 357; AKM Kawser Ahmed Vs. Bangladesh, 65 DLR 37. Lawyers Involved: Salauddin Dolon and Md. Mohammad Sherajul Monir, Advocates—For the Peti..

Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6

Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)

....nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190.     ......nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190.     ......nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190.     ......and to the plaint. Unless the plaintiff could prove his possession in the schedule land he could not avail of the benefit of the illustra­tion-' h' to section 3 of the Act.......(14) Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate..

Category: Property Law | Date: 19 Mar, 2014 | Hits: 15

Rahima Begum Vs. Government of Banglades Represented by the Secretary, Ministry of Local Government and others, 2014, 43 CLC(HCD)

....etary, Ministry of Local Government and others.................Respondents Judgment    March 13, 2014.   Result: The Rule is made absolute Constitution of Bangladesh, 1972; Article 102(2) The nature of order stopping salary, allowances and keeping of......from April 2011, within 2(two) weeks from the date of receipt of this judgment. Communicate copies of the judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 46. ......from April 2011, within 2(two) weeks from the date of receipt of this judgment. Communicate copies of the judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 46. ......interest of the institution concerned mere defect/flaw of his/her academic records, not detected at the entry stage or soon thereafter, should not be the ground for her removal. ........... (15) Lawyers Involved: Zahirul Alam Babar, Advocate—For the Petitioner. Writ Petition No...

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6

Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)

....ϜāĻžāϞ” [Annexure A and B to the contempt petition]. The judge concerned, Justice Faisal Mahmud Faizee, was appointed as an Additional Judge of the High Court Division of the Supreme Court of Bangladesh on 23-8-2004. His father, Muhammad Faiz, an Advocate of the Appellate Division of the Sup......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208.   ......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208.   ......kanta Mishra Vs. Registrar of Orissa High Court, AIR SC 1974 SC710; Andre Paul Terence Ambard Vs. The Attorney General of Trinidad and Tobago, AIR 1936 PC 141 and Queen Vs. Gray, (1900) 2 QB 36. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, Sara Hossain, Advocate with him instructe..

Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16

Hossain Ali (Md.) and 22 others Vs. Bangladesh, represented the Secretary Ministry Education and others, 2014, 43 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Md. Ejarul Haque Akondo J Hossain Ali (Md.) and 22 others............Petitioners Vs. Bangladesh, represented the Secretary Ministry Education and others........Respondents Judgment......;                    Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 204 ......;                    Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 204 ......on and others........Respondents Judgment            March 9, 2014.     Result: The Rule is disposed of. Lawyers Involved: Abdul Wadud Bhuiyah, Senior Advocate with Syed Mokaddas Ali, Advocate—F..

Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3

State Vs. Arman, 2014, 43 CLC (AD)

....bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ......bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ......bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ...... Arman………….......................Respondents Order March 9, 2014.        Result: This petition is disposed of. Lawyers Involved: Mahbubey Alam, Attorney-General, instructed by Madhu Malati Chy Barua, Advoca..

Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4

Amirul Islam (Md.) Vs. Commissioner of Customs Chittagong and others, 2014, 43 CLC (HCD)

.... order positively. In the result, the rule is disposed of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ...... Appellate Division of the Supreme Court praying for stay operation of the judgment and order dated 19-11-2012 passed in Writ Petition No. 59 of 2012 but no order of stay was passed. On 25-3-2013 the National Board of Revenue directed the Respondent No. 2 to take necessary steps regarding the matter...... order positively. In the result, the rule is disposed of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ......luation Rules. The Customs Authority finally assesses the goods and to duly in accordance with Customs Valuation Rules, 2000 after notifying the documents and papers….. (10 & 11) Lawyers Involved: Md. Jamal Hossain, Advocate—For the Petitioner. SM Moniruzzaman, D..

Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8

SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....                               Government of Bangladesh and others..........Respondents Judgment March, 2014. Result: Both th......issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34.     ......issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34.     ......h and others..........Respondents Judgment March, 2014. Result: Both the Rules are made absolute. Cases Referred to- Bangladesh Vs. Lokman Patwari, 46 DLR (AD) 163. Lawyers Involved: AM Amin Uddin and Nakib Saiful Islam, Advocates —For the Petitioner (In..

Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5

Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)

...........................Respondents Judgment February 25, 2014 Result: The petition is dismissed. Case Referred To- Md. Mazakat Harun & Ors. Vs. Export Import Bank of Bangladesh Ltd. 32 BLD (AD) (2012) 115. Lawyers Involved: Sheikh Fazle Noor Taposh with Md......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234       ......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234       ......ent February 25, 2014 Result: The petition is dismissed. Case Referred To- Md. Mazakat Harun & Ors. Vs. Export Import Bank of Bangladesh Ltd. 32 BLD (AD) (2012) 115. Lawyers Involved: Sheikh Fazle Noor Taposh with Md. Mehedi Hasan Chowdhury and AKM Rabiul Hassa..

Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9

Ruksana Huq and othÂŦers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)

.... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ...... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ...... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ......AK Faizul Huq (Raju) and others…………………….Respondents Judgment February 25, 2014 Result: The petition is dis­missed. Lawyers Involved: Fida M Kamal, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record&..

Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4

Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)

....el Hossain CJ Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Moklesur Rahman (Md.) and another....................Petitioners Vs. Government of Bangladesh and oth­ers................Respondents Judgment     &nb......hereinbe­fore. The Artha Rin execution case in question (No.560 of 2004) shall stand sat­isfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207.   ......hereinbe­fore. The Artha Rin execution case in question (No.560 of 2004) shall stand sat­isfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207.   ......ers................Respondents Judgment             February 24, 2014. Result: The leave petition is disposed of. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Nurul Islam Bhuiyan, Advoc..

Category: Others | Date: 24 Feb, 2014 | Hits: 15

Durnity Daman Commission and another Vs. Dr. Khandaker Mosharraf Hossain and another, 2014, 43 CLC (AD)

....dmitted that he does indeed have the FIR stated Pound Sterling in a Guernsey bank. 9. It has also been stated in the bail peti­tion that he disclosed this fact to the tax authori­ties in Bangladesh and paid tax on it. 10. His explanation, however, is that after completing his docto......e High Court Division. The petition for Leave to Appeal is dis­posed of with the above observations and guide­lines. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 92. ......e High Court Division. The petition for Leave to Appeal is dis­posed of with the above observations and guide­lines. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 92. ......ellip;…………….(23) Cases Referred to- State Vs. Zakaria Pintu, 31 BLD (AD) 20 = 62 DLR (AD) 420; State Vs. Abdul Wahab Shah Chowdhury, 51 DLR (AD) 243. Lawyers Involved: Mahbubey Alam, Attorney-General, instructed by Sufla Khatun, Advocate-on-Reco..

Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52

BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)

....(AD) (2015) 372     ......te division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Anwarul Haque J BOC Bangladesh Ltd................................Appellant Vs. National Board of Revenue and others..........Respondents Judgment February 19, 2014 ......y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372     ......re required to intimate in writing to the VAT registered person their objection, if any, regarding the price declaration within 10 working days of receiving the price declara­tion.......(13) Lawyers Involved: Rafiqul-ul-Huq, Senior Advocate and Ahsanul Karim, Advocate with him, instruc..

Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5

Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)

....o. 561 of 1989 discharging the Rule. 2. The facts of the case, in brief, are that the property, release whereof was sought from the 'Kha' list of the abandoned buildings published in the Bangladesh Gazette (Extraordinary) dated 23 September, 1986 as per provision of section 5(1) (b) of ......manded to the Court of Settlement to deal with it in the light of our dis­cussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ......manded to the Court of Settlement to deal with it in the light of our dis­cussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ......Md.)......................Appellant Vs. Chairman, Court of Settlement and another ............Respondents Judgment February 19, 2014. Result: The appeal is allowed. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-..

Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21

āĻ•āĻŦāĻŋāϰ āĻˇā§āĻŸā§€āϞ āϞāĻŋāĻŽāĻŋāĻŸā§‡āĻĄ āĻŦāύāĻžāĻŽ āĻ•āĻŽāĻŋāĻļāύāĻžāϰ āĻ…āĻŦ āĻŸā§āϝāĻžāĻ•ā§āϏ⧇āϏ, 2014, 43 CLC (HCD)

....p;……. 4) Notwithstanding anything contained in this section, no allowance shall be made on account of- a) any interest chargeable under this Oridnance which is payable outside Bangladesh on which tax has not been paid and from which tax has not been deducted at source under s......ϚāĻžāϰāĻĒāϤāĻŋ āĻŽā§‹āσ āχāĻŽāĻĻāĻžāĻĻ⧁āϞ āĻšāĻ• āφāϜāĻžāĻĻ.- āφāĻŽāĻŋ āĻāĻ•āĻŽāϤ āĻšāχāϞāĻžāĻŽāĨ¤ This Case is also Reported in:         ......ϚāĻžāϰāĻĒāϤāĻŋ āĻŽā§‹āσ āχāĻŽāĻĻāĻžāĻĻ⧁āϞ āĻšāĻ• āφāϜāĻžāĻĻ.- āφāĻŽāĻŋ āĻāĻ•āĻŽāϤ āĻšāχāϞāĻžāĻŽāĨ¤ This Case is also Reported in:         ......ϚāĻžāϰāĻĒāϤāĻŋ āĻŽā§‹āσ āχāĻŽāĻĻāĻžāĻĻ⧁āϞ āĻšāĻ• āφāϜāĻžāĻĻ.- āφāĻŽāĻŋ āĻāĻ•āĻŽāϤ āĻšāχāϞāĻžāĻŽāĨ¤ This Case is also Reported in:         ..

Category: Fiscal/Taxation Law | Date: 17 Feb, 2014 | Hits: 7

Gias Uddin Chowdhury (Md.) and othÂŦers Vs. Bangladesh, repreÂŦsented by the Secretary, Ministry of Law and others, 2014, 43 CLC (AD)

....J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J       Gias Uddin Chow­dhury (Md.) and oth­ers........................Petitioners Vs. Bangladesh, repre­sented by the Secretary, Ministry of Law and others..................Responden...... can protect his right and title in that property by filing proper suit in a proper forum." The petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 213. ...... can protect his right and title in that property by filing proper suit in a proper forum." The petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 213. ......Vs. Bangladesh, repre­sented by the Secretary, Ministry of Law and others..................Respondents Judgment February 17, 2014. Result: The petition is dismissed. Lawyers Involved: KM Saifuddin Ahmed, Advocate instructed by Haridas Paul, Advocate-on-Record&m..

Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9

S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)

....ions once and for all…………….... (28) Cases Referred to- Attorney-General Vs. HR H. Prince Earnest Gugustus of Hanover (1957) All ER 49; Amin Jute Mills Vs. Bangladesh 29 DLR (SC) 85; Anwar Hossain Chowdhury Vs. Government of Bangladesh, 41 DLR (AD) 165; Sr......, we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the peti­tions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......, we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the peti­tions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......65; Sreemoti Indira Gandhi Vs. Rajnarain, AIR 1975 (SC) 2299; Md. Ismail Vs. State, 21 DLR (SC) 161; Commission­er of Income Tax and Kerala Vs. Tara Agencies 2007) 6 Supreme Court Cases 429. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate..

Category: Property Law | Date: 16 Feb, 2014 | Hits: 19

Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)

....as about 13 or 14 years old. 16. The finding of the doctor as to age is belied by the fact that his report shows the taking place of menarche one year back. In context of development of girls in Bangladesh the age stated by the victim would be more commensurate with menarche having started one ......d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......King Jr. who once stated as under: "Morality cannot be legislated, but behaviour can be regulated. Judicial decrees may not change the heart, but they can restrain the heartless." Lawyers Involved: Shamsul Huq, Advocate, instructed by Md. Abu Siddique, Advocate-on-Record&mda..

Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21