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Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)

....tagong/ at present Purba Goshail Dauga Kali Bari , Binagline Apon Bhavan, Thana-Doublemorring, District-Chittagong ..............Accused-Petitioner (on bail). Vs. The State, represented by the Deputy Commissioner, Cox's Bazar...................Opposite party. Judgment August, 19, 2009. ...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......August, 19, 2009. Result: The Rule is made absolute in part. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the petitioner. SK. A.K.M. Moniruzzaman Kabir, Assistant Attorney-General - For the opposite party. Criminal Miscellaneous Case No.15321 Of 2005. Judgment K......ule issuing order, all further proceedings of the said G.R. Case were also stayed. 3. The facts relevant for the purpose of disposal of the Rule are that one Md. Abdul Karim lodged FIR with Taknaf Police Station alleging that the accused No.1 Bimol Das Gupta @ Chili Gupta having previous acquaint..

Category: Criminal Law | Date: | Hits: 62

Millan Miah and another Vs. State, 2012, 41 CLC (AD)

....ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......they took him to Mithapukur Hospital for treat­ment and the injured Shahidul died in the Hospital during treatment. Thereafter, Md. Ranga Miah, the informant, filed ejahar. One Krishna Kumar, Sub-Inspector of Mithapukur Police Station recorded the ejahar and Md. Ibrahim, Sub-Inspector started in......ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......t for life. 2. The facts leading to filing of the instant leave petition are that one Md. Ranga Miah, brother of the victim Shahidul Islam lodged the First Information Report (FIR) with Mithapukur Police Station, district Rangpur on 7.8.2001 alleging that at about 9.00 a.m. on that day his brothe..

Category: Criminal Law | Date: | Hits: 60

Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)

.... Food (1968 AC 997); Breen Vs. Amalgamated Engineering Union (1971 2 QB 175); Packer Vs. Packer 1954. Lawyers Involved: Manzill Murshid, Advocate-For the Petitioners. A. B. M. Altaf Hossain, Deputy Attorney General-For the Respondents. Writ Petition No.2427 of 2011. Judgment AHM Sh......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......bury Vs. Madison 1803;Khandakar Ehteshamuddin Ahmed @ Iqbal-Bangladesh 33 DLR (AD) 154; Baker Vs. Carr (396 US 186:1962); AIR 1965 S.C. 747; Packer Vs. Packer 1954; OBG Vs. Allan 2008 Ac-1.; Attorney General Vs. Mulholland (1963 2QB 477); Mayor of St. Mellon’s RDC Vs. Newport Corporation 1952 AC 1......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 413

Topesh Narayan Saha and others Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....(AD) 401, para-8; 11MLR (HC) 256. Lawyers Involved: Mrs. Nahid Yesmin, Advocate-For the petitioners. Moinuddin with Mrs. Anjuman Ara Begum, Advocates-For respondents 6-7. Goutam Kumar Roy Deputy Attorney General with S.M. Qumrul Hasan, Assistant Attorney General-For the Government-respon......clared to have been passed without lawful authority and is of no legal effect. Communicate a copy of the judgment. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......; 11MLR (HC) 256. Lawyers Involved: Mrs. Nahid Yesmin, Advocate-For the petitioners. Moinuddin with Mrs. Anjuman Ara Begum, Advocates-For respondents 6-7. Goutam Kumar Roy Deputy Attorney General with S.M. Qumrul Hasan, Assistant Attorney General-For the Government-respondents (with leav......clared to have been passed without lawful authority and is of no legal effect. Communicate a copy of the judgment. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 65

Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)

.... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ......€‘petitioner No.1 Sonali Bank and another for a declaration that the termination of his service by the defendant Bank vide memo No.PO Com. EST (PF)/9336 dated 19‑9‑81 issued by the then Assistant General Manager of Sonali Bank, Comilla is illegal, void, inoperative and not binding upon the plain...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ..

Category: Labour and Industrial Law | Date: | Hits: 137

Abdul Haque Sikder Vs. Divisional Manager (Fertilizer) Bangladesh Agricultural Development Corporation (BADC) and others, 1996, 25 CLC (HCD)

....econd show cause notice. We, therefore, find no merit in this Rule. In the result the Rule is discharged without any order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 574. ......econd show cause notice. We, therefore, find no merit in this Rule. In the result the Rule is discharged without any order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 574. ......of the Corporation parties in this Rule. Local Authority or Corporation has not been defined in Article 102 of the Constitution. Local Authority has been defined under clause (28) of section 3 of the General Clauses Act and mean and include 'any Corporation or other body or authority constituted or ......econd show cause notice. We, therefore, find no merit in this Rule. In the result the Rule is discharged without any order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 574. ..

Category: Labour and Industrial Law | Date: | Hits: 228

Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)

....is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......tioner by replacing the genuine fertilizer, as narrated in the F.I.R. dated 13.02.2002. 12. It further appears from the record that, from the first F.I.R. dated 02.02.2000 filed by Md. Hamayet Ali Inspector of Police under section 25B/25D/16 of the Special Powers Act, 1974, a P.S. Case No.08 date......posite party Judgment May 24, 2010. Result: The rule is made absolute. Lawyers Involved: Md. Mahbub Ali, Advocate - For the petitioner.   K.M. Masud Rumy, Assistant Attorney-General with Mrs. Yeasmin Begum Bithi, Assistant Attorney-General - For the opposite party.   ......r 561A of the Code of Criminal Procedure (CrPC) briefly are that, one Md. Rowshan Ali, Manager Agrani Bank, Saptapadi Market Branch, Bogra lodged an F.I.R. on 13.02.2000 with Officer-in-Charge, Bogra Police Station, against 4 accuseds including the present petitioner, under section 406/420/409/109 o..

Category: Criminal Law | Date: | Hits: 97

Most. Shiuli alias Babi Vs. State, 2006, 35 CLC (HCD)

....secution must prove the guilt of the accused persons beyond reasonable doubt............................(15) Lawyers Involved: Amatul Karim-For the Appellant.  S.M. Aminul Islam (Sanu), Deputy Attorney-General-For the Respondent.  Criminal Appeal No.4868 of 2003. Judgment ......s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ......ove the guilt of the accused persons beyond reasonable doubt............................(15) Lawyers Involved: Amatul Karim-For the Appellant.  S.M. Aminul Islam (Sanu), Deputy Attorney-General-For the Respondent.  Criminal Appeal No.4868 of 2003. Judgment Salma Masud Cho......s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ..

Category: Criminal Law | Date: | Hits: 95

M/s. Sonali Agency Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)

....irman, National Board of Revenue and others………………….Respondents Judgment March 9, 2008. Result: The Rule is made absolute. Cases Referred to- Tel Utpadak Kendra Vs. the Deputy Commissioner of Sales Tax, AIR [1981] SC 1617; the Commissioner of Income Tax Vs. Saraf Bandh...... the assessment as was made by the Deputy Commissioner of Taxes. 11. In the hierarchy of the taxing authority as delineated in Section 3 we find, National Board of Revenue is placed at the top and Inspector of Taxes at the bottom while position of the Inspecting Additional Commissioner of Taxes a......roperties Pvt. Limited Vs. the Commissioner of Income Tax, [1977] 109 ITR 229 (Calcutta). Lawyers Involved: Mosharaf Hossain, Advocate- For the Petitioner. Kazi Jinat Huq, Assistant Attorney General -For the Respondents. Writ Petition No.6427 of 2001. Judgment Mohammad Abdur Rashid...... to have been made without any lawful authority and as such, is of no legal effect and accordingly, quashed. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 313. ..

Category: Fiscal/Taxation Law | Date: | Hits: 94

Md. Hafizur Rahman and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....n of Nabinagar Police Station (annex-A). 4. The petitioners contended that the said declaration was duly made following the rules and procedure and inviting prior suggestion and objections by the Deputy Commissioner, Brahmanbaria. Subsequently the Government, after observance of all legal formal......cipality or union every when and then except in due process of law. Thus the Rule is disposed of with the above observations. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: .......Respondents Judgment October 15, 2012. Result: The Rule is disposed of. Lawyers Involved: Md. Zakaria Sarker, Advocate-For the petitioners. S M Quamrul Hasan, Assistant Attorney General-For respondent No.1. Md. Mohammad Helaluddin-For added respondent No.5. Writ Petition ...... the functions of Nabinagar Municipality immediately after it was established. 3. Facts leading to issuance of the Rule, in brief, are that the Government had declared some area of Nabinagar Sadar Police Station as urban area and published it in Bangladesh Gazette extraordinary dated 28.6.1999 be..

Category: Civil Law | Date: | Hits: 131

Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....ent. 2. The Rule in Writ Petition No.9390 of 2010 was issued challenging an order as contained in Memo No. MC/TO-2/A- 55/89(2)586 dated 29.11.2010 signed by the Director of Trade Organizations and Deputy Secretary, Ministry of Commerce appointing another Deputy Secretary as Administrator of NASCI......d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ...... 3 (In Writ Petition No. 9394 of 2010). Sayed Mahmudul Hasan with Netya Gopal Debnath, Advocates-For the petitioners (In Writ Petition No. 9394 of 2010). S. M. Quamrul Hasan, Assistant Attorney General-For respondent 1 (In Writ Petition No. 9390 of 2010). Writ Petition No.9390 of 2010. w......d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 114

Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: .......Respondents Judgment July 25, 2012. Result: The Rule is disposed of. Lawyers Involved: Kazi Rezaul Hossain, Advocate-For the petitioners. S.M. Quamrul Hasan, Assistant Attorney General-For respondent No.3. Muntasir Uddin Ahmed, Advocate-For respondent Nos.7 (a)-(e). Writ......directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 82

Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)

....y 27, 2005. Result: The appeal is dismissed with modification of the impugned Judgment. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Appellant. Md. Faisal Hossain Khan, Deputy Attorney-General with Parvin Hannan, Assistant Attorney-General - For the Respondent. Crim......or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ......esult: The appeal is dismissed with modification of the impugned Judgment. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Appellant. Md. Faisal Hossain Khan, Deputy Attorney-General with Parvin Hannan, Assistant Attorney-General - For the Respondent. Criminal Appeal No.2...... Hossain, the informant and the investigating officer of the present case and also the investigating officer of the unnatural death case, deposed that on 14.8.1997, while he was attached to Terakhada Police Station as S.I. of Police received a report from Dr. Maniruzzaman, medical officer of Terakha..

Category: Criminal Law | Date: | Hits: 69

Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)

....tes - For the opposite parties. Criminal Miscellaneous Case No.10393 of 2005. Judgment Sheikh Abdul Awal J.- This Rule was issued on an application under section 561A Cr.P.C calling upon the Deputy Commissioner, Kushtia to show cause as to why the proceeding of Kushtia Police Station Case N......enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ......annexed therewith. It appears from the FIR that the accused petitioner was an employee of BRB Cables Ltd. who tendered resignation from his service on 10.03.2004 and thereafter, one Md. Akhtaruzzaman General Manager (Production) of BRB Cables Industries Ltd. lodged the case against the accused petit....... Judgment Sheikh Abdul Awal J.- This Rule was issued on an application under section 561A Cr.P.C calling upon the Deputy Commissioner, Kushtia to show cause as to why the proceeding of Kushtia Police Station Case No.28 dated 22.03.2004 under sections 406/420 of the Penal Code now pending in t..

Category: Criminal Law | Date: | Hits: 92

Badsha Alam Vs. State, 2006, 35 CLC (HCD)

....p; Case Referred to- Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 46 DLR (1994) 149. Lawyers Involved: H.S. Deb Brahman-For the Appellant.  Golam Mohammad Chowdhury, Deputy Attorney-General-For the State.  Criminal Appeal No.3386 of 2000. Judgment Sidd......e project and that he thus has committed an offence under section 409/477(A) of the Penal Code and under section 5(2) of the Prevention of Corruption Act, 1947. 4. One Md. Rafiqul Islam Assistant Inspector, District Anti-corruption Bureau, Chittagong, on 27.02.1989 lodged an FIR before the Offic......red to- Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 46 DLR (1994) 149. Lawyers Involved: H.S. Deb Brahman-For the Appellant.  Golam Mohammad Chowdhury, Deputy Attorney-General-For the State.  Criminal Appeal No.3386 of 2000. Judgment Siddiqur Rahman Miah......revention of Corruption Act, 1947. 4. One Md. Rafiqul Islam Assistant Inspector, District Anti-corruption Bureau, Chittagong, on 27.02.1989 lodged an FIR before the Officer-in-Charge of Boalkhali Police Station, District- Chittagong, contended, inter alia, that during the financial year 1987-88 ..

Category: Criminal Law | Date: | Hits: 76

Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)

....ent Judgment July 3, 2005. Result: The Appeal is allowed. Lawyers Involved: Khandakar Saiful Hoque with Khalilur Rahman and Mohmud Hossain Imam-For the Appellants. Golam Kibria, Deputy Attorney-General with Monowara Khatun, Assistant Attorney-General-For Respondent. Criminal......oned injuries which were antemortem and homicidal in nature. 16. P.W.22, Constable Md. Liakat Ali escorted the dead body of the deceased to the morgue. 17. P.W.24, Sree Ranjit Kumar Biswas, Sub-Inspector of police was the investigation officer. This p.w. deposed that on 16.7.89 while he was po...... July 3, 2005. Result: The Appeal is allowed. Lawyers Involved: Khandakar Saiful Hoque with Khalilur Rahman and Mohmud Hossain Imam-For the Appellants. Golam Kibria, Deputy Attorney-General with Monowara Khatun, Assistant Attorney-General-For Respondent. Criminal Appeal No.1091 ......lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ..

Category: Criminal Law | Date: | Hits: 80

Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....s license and forfeited security money deposited against the same by an order as contained in Memo No. 49.008.011.1105.252.2010-372/16 (5) dated 15.9.2011 (annex-C to the writ petition) signed by the Deputy Secretary, Branch-8 of the Ministry (herein respondent No.6). The writ petitioner claimed tha......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......d. Tajul Islam, 49 DLR (AD) 175. Lawyers Involved: A. M. Aminuddin with Sk. Shafique Mahmud and Ms. Selina Akhter, Advocates-For the petitioner. Ms. Jesmin Sultana Samsad, Assistant Attorney General-For respondent Nos.1 and 4. Writ Petition No.8751 of 2011. Judgment Md. Ruhul Qudd......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 407

Hajee Helal Uddin Ahmed Vs. National Sports Council and others, 2012, 41 CLC (HCD)

....Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......ainst the voter list prepared for holding the election. 2. The petitioner is the senior most sports organizer and social activist in Sylhet. He is a Member of the Sports and Cultural Trust Board, General Secretary of Victoria Sports Club, Councillor of District Sports Association, Vice-President......Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 94

Bahar Uddin Ahmed and others Vs. Secretary, Ministry of Liberation War Affairs and others, 2012, 41 CLC (HCD)

....। 7. Nur Ahmed filed another application in 1993 to the Managing Director of the Trust for granting him state honorarium. On receipt of the same, the Managing Director of the Trust requested the Deputy Commissioner and Police Super, Feni to inquire into the matter and furnish a report. After co......ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......d another application in 1993 to the Managing Director of the Trust for granting him state honorarium. On receipt of the same, the Managing Director of the Trust requested the Deputy Commissioner and Police Super, Feni to inquire into the matter and furnish a report. After conducting the enquiry, bo..

Category: Others | Date: | Hits: 103

Md. Shawkat Ali Vs. Director General and others, 2010, 39 CLC (HCD)

....salaries from the month of May, 2005 as shown in the Monthly pay Order of May, 2005 and onward. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 303. ......salaries from the month of May, 2005 as shown in the Monthly pay Order of May, 2005 and onward. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 303. ......ourt High Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Azizul Haque J Md. Shawkat Ali…………………………Petitioner Vs. Director General and others…………………………Respondents Judgment May 3, 2010. Result: ......salaries from the month of May, 2005 as shown in the Monthly pay Order of May, 2005 and onward. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 303. ..

Category: Employment/Service Law | Date: | Hits: 119