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

....sain J. - This civil petition for leave to appeal is directed against the judg­ment and order dated 16-11-2009 passed by the High Court Division in Civil Revision No.3514 of 1998 disposing of the Rule and modifying the judgment and decree dated 30-6-1998 passed by the then learned Subordinate Ju......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)

....rnment of Banglades Represented by the Secretary, 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......absolute Constitution of Bangladesh, 1972; Article 102(2) The nature of order stopping salary, allowances and keeping off the indicted employee from duty is unheard of and not known to law. Law provides entitlement of allowance to the public servants or employees of other public bodies und..

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

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

....appeals as of right under article 103(2)(c) of the Constitution, challenge the judgment and order passed by a Division Bench of the High Court Division in Contempt Petition No. 118 of 2004 making the Rule absolute, finding the contemnors guilty of contempt and sentencing contemnor Nos. 1-4 and 6-7 t......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)

....Secretary Ministry Education and others........Respondents Judgment            March 9, 2014.     Result: The Rule is disposed of. Lawyers Involved: Abdul Wadud Bhuiyah, Senior Advocate with Syed Moka......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

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

....r of Customs Chittagong and others.......Respondents Judgment March 5, 2014. Result: The rule is disposed of. Customs Duty Assessment (Determination of Value of Import Goods) Rules, 2000 Rules 4, 5 & 7 It is the usual practice that provisional assessment shoul......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 the Rules are made absolute. Cases Referred to- Bangladesh Vs. Lokman Patwari, 46 DLR (AD) 163......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)

.... to enable the petitioners or directors of a banking and other listed companies to hold and acquire 2% shares in the paid up capital, in the banking and other listed companies, the application of sub-Rule (2) of Rule 4 of the Security & Exchange Commission (Insider Trade Restriction) Rules, 1995......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 oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)

....Sultana J.- This Civil Petition for Leave to Appeal is directed against the judg­ment and order dated 24-5-2009 passed by the High Court Division in Civil Revision No.3987 of 2008 discharging the Rule. 2. The necessary facts for disposal of this Civil Petition for Leave to Appeal, in short,......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)

.... Earlier the writ-petitioners filed Writ Petition No.8139 of 2009 against the order dated 19-9-2005 passed by the Artha Rin Adalat issuing war­rant of arrest to detain them in Civil Jail in which Rule was issued and operation of the order dated 19-9-2005 was stayed, subsequently, the Rule was di......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)

....sfied in all respects, the High Court Division shall dispose of the applica­tion instantaneously by enlarging the accused on a limited bail, not normally exceeding four weeks, without issuing any Rule. It must be conspicuously stated in the bail granting order that in the event of any filance of......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)

.......................Appellant Vs. National Board of Revenue and others..........Respondents Judgment February 19, 2014 Result: The appeal is allowed. Value Added Tax Rules, 1991; Rule Rule 3(3) & Rule 3(7) Fixing Price, VAT in Special cases by Gazette Noti......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)

....n Ali J. - This civil appeal by leave is directed against the judgment and order dated 19-3-1998 passed by a Division Bench of the High Court Division in Writ Petition No. 561 of 1989 discharging the Rule. 2. The facts of the case, in brief, are that the property, release whereof was sought fro......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

কবির ষ্টীল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)

....ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in:         ......ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in:         ..

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

Gias Uddin Chowdhury (Md.) and oth¬ers Vs. Bangladesh, repre¬sented by the Secretary, Ministry of Law and others, 2014, 43 CLC (AD)

....ferred to as the petitioners) against the judgment and order dated the 2nd day of December, 2010 passed by a Division Bench of the High Court Division in Writ Petition No.2488 of 2010 discharging the Rule. 2. The petitioners herein filed the writ peti­tion before the High Court Division cal......J       Gias Uddin Chow­dhury (Md.) and oth­ers........................Petitioners Vs. Bangladesh, repre­sented by the Secretary, Ministry of Law and others..................Respondents Judgment February 17, 2014. Result: ..

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

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

....er and brother. Hence, the suit has been filed by the plaintiff for declaration of title in the suit property. 4. Defendant No.1 contested the suit by fil­ing an application under Order VII, Rule 11(d) of the Code of Civil Procedure for rejection of the plaint, contending, inter alia, that ......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)

....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

Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)

....ahmud Hossain J.- This appeal by leave of the defendants-appellants arises out of the judgment and order dated 20-8-2006 passed by the High Court Division in Civil Revision No.1104 of 1993 making the Rule absolute and reversing the judgment and decree dated 18-3-1993 passed by the learned Additional...... Ali Mia, 4 BLC 429; Shahani Bibi being dead her heirs: Mohammad Azim Vs. Nurul Islam being dead his heirs: Doly Islam, 4 BLC 195; Haji Yar Ali Khan Chowdhury Vs. Mobarak Ali Chowdhury, 7 DLR 6. Lawyers Involved: AQM Fazlul Hug Khan, Advocate, instructed by Sufia Khatun, Advocate-on-Record..

Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5

Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)

....patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1.     ......cessary party but, the accused-respondent has not made it a party. The High Court Division has not properly exercised its discretion in granting the accused-respondent on anticipatory bail. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Sufia Khatun, Advocate-on-Rec..

Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4

Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)

....used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ......ly in extra-ordinary and exceptional circum­stances upon a proper and intelligent exercise of discretion. The High Court Division cannot exercise its discretion whimsically at its suit will. Lawyers Involved: Md.Khurshid Alam Khan, Advocate, instructed by Siifla Khatun, Advocate-on-Rec..

Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4

Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)

....he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......tablished that the dam­age or loss or malice must be proximate result of the order of injunction......... (14) Case Referred to- Bank of India Vs. Lakshmani Dass, AIR 2000 SC 1172. Lawyers Involved: Mahmudul Islam, Senior Advocate (with AM Amin Uddin, Advocate, instructed by ..

Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14