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

....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 oth¬ers 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. ......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

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

....apers before it. Converting the High Court Division into a Magistrate's Court is least desired. 15. For the reasons stated above this Division has laid down in a number of cases cer­tain principles that should be followed in exercis­ing this extraordinary jurisdiction. The High Cour......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)

....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     ......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)

....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

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:         ......া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)

.... 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. ......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)

...., 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)

....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

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

....s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176.   ......s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176.   ...... 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.     ......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 ......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)

....f under the aforesaid provi­sion. It is thus apparent that this is an alterna­tive remedy in cases of wrongful-obtainment of such orders, if any, and it does not in any way interfere with the principles regulating suits for damages for torts-of malicious legal process. As a general principle......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

Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)

....t-petitioner without creating any hindrance or obsta­cle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ......t-petitioner without creating any hindrance or obsta­cle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ...... Nos. (iii) and (iv). ......... (15 & 17) Case Referred to- Building Finance Corporation Vs. Jahanara Akhtar, 49 DLR (AD) 80; M/s Gannysons Limited Vs. Sonali Bank, 37 DLR (AD) 43. Lawyers Involved: Mahbubey Alam, Senior Advocate with Qumrul Haque Advocate instructed by Begum..

Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6

Pannu @ Md. Pannu Mia & others Vs. State, 2014, 43 CLC (HCD)

....ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18.   ......ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18.   ......r jurisdic­tion, have directly sought their redress to this court, revision is not maintainable ……………………………. (10) Lawyers Involved: No one appears—For the Accused Petitioners. Sakila Rowshan, DAG wi..

Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2

Bangladesh Agricultural Development Corpora¬tion and others Vs. Md. Abdur Rashld and others, 2014, 43 CLC (AD)

.... a a considerable period thereby BADC had rejected “the prayers for voluntary retirement of the respon­dents by implication. It is not possible to accept the contention because as a general principle, one who knowingly accepts the benefits of the offer is estopped to deny the validity and ......peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 257 ......ed to- AIR India Vs. Nergesh Mirza; State of Haryana Vs. SK Singhal reported in (1999) 4 SCC 293; Nand Keshwar Prasad Vs. Indian Farmers Fertilizers Co-operative Ltd. Supreme Court of India Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by NI Bhuiyan and Shamsul Alam, Ad..

Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9

Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)

.... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ...... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ......s required to be filed before the High Court Division......(9  & 10) Case Referred to- Majid Biswas Vs. Adiluddin Shaikh, 12 DLR 380; Fazlur Rahim Vs. Shamsul Huda, 29 DLR 380 Lawyers Involved: MA Qayyum Khan, Advocate—For the Petitioner. Md. Nurul Amin with S..

Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4

Human Rights and Peace for Bangladesh and others Vs. Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others, 2014, 43 CLC (HCD)

....tution disowns arbitrariness in State action and ensures fairness and equality of treatment to all the citizens. It is attracted where equals are treated differently without any reasonable basis. The principle underlying the guarantee is that all persons in sim­ilar circumstance shall be treated...... Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Sheikh Abdus Sabur Vs. Returning Officer, 41 DLR (AD) 30; Maneka Gandhi Vs. Union of India (1978) SCC 248; Ramana Dayaram   Shetty Vs. International Airport Authority of India, (1979) 3 SCC 489; DS Nakra Vs. Union of India (1983)1 SCC ......48; Ramana Dayaram   Shetty Vs. International Airport Authority of India, (1979) 3 SCC 489; DS Nakra Vs. Union of India (1983)1 SCC 305;Shujat Ali Vs. Union of India, AIR 1974 SC 1631. Lawyers Involved: Manzill Murshid, Advocate—For the Petitioners. Biswojit Roy, DAG w..

Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5

Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)

....er­preted the sale deed exhibit-1 dated 25-11-1962 and thereby committed error of law in holding that the said exhibit-1 constitute a deed of mortgage and not a deed of out and out in view of the principle of law as laid down in the cases reported in 1951 PLR page 349 and in the case reported in......he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ......ferred to- Somedullah being dead his heirs: Saifa Bibi Vs. Mahmud Ali being dead his heirs: Munsur Ali, (1992) 44 DLR (AD) 83; Bangladesh Vs. Haji Abdul Gani Biswas, (1980) 32 DLR (AD) 233. Lawyers Involved: Khan Saiful Hague, Advocate, instructed by Zainul Abedin, Advocate-on-Record&..

Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15

Mortuz Ali Khalifa Vs. Jobeda ® Kalu Bibiand others, 2014, 43 CLC (AD)

.... of Md. Nawab Ali, Advocate-on-Record—For the Appellant. None Represented—For Respondents. Recall the plaintiffs' witnesses for cross-examination  It is a cardinal principle of law that every party to litigation must be given opportunity to place his case with rel......ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ............Appellant Vs. Jobeda ® Kalu Bibiand others...........Respondents Judgment     January 29, 2014.    Result: The appeal is allowed. Lawyers Involved: Madhu Malati Chowdhury Barua, Advocate-on-Record on behalf of Md. Nawab Ali, ..

Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1