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Head Mistress, Hazrat Shah Ali Girls' High School, Mirpur, Dhaka Vs. Mohammad Ibrahim and others, 2013, 42 CLC (AD)

....cordingly dis­posed of. The matter is remanded to the High court Division for a fresh hearing. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 300; 18 MLR (AD) (2013)153. ......5 rejecting the plaint by his judgment and decree dated 4-6-2007. 7. The plaintiff respondent then filed civil Revision No.4596 of 2007, before the High Court Division of the Supreme Court of Bangladesh, in which Rule was issued upon the defendant oppo­site parties of the Revision. The Civ......ab Miah J Syed Mahmud Hossain J Siddiqur Rahman Miah J AHM Shamsuddin Chowdhury J Head Mistress, Hazrat Shah Ali Girls' High School, Mirpur, Dhaka .............Petitioner Vs. Mohammad Ibrahim and others..........Respondents Judgment May 6, 2013. Res......Ed. This Case is also Reported in: 65 DLR (AD) (2013) 300; 18 MLR (AD) (2013)153. ..

Category: Procedural Law | Date: 6 May, 2013 | Hits: 15

Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)

....th the Rules are disposed of. Cases Referred to- Professor Md. Yumus Vs. Bangladesh 63 DLR 260; ASF Rahman Vs. Bangladesh Bank 20 BLD (AD) 32 = 52 DLR (AD) 61 and JIT Knit Composite Ltd Vs. Government of Bangladesh 18 BLC 480. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate ...... (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. AshrafUl Kamal J Hasan Chowdhury (Md.) ..................Petitioner (In both the petitions) Vs. Bangladesh Bank and others..................Respondents (In both the petitions) Judgment M...... Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. AshrafUl Kamal J Hasan Chowdhury (Md.) ..................Petitioner (In both the petitions) Vs. Bangladesh Bank and others..................Respondents (In both the petitions) Judgme...... without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533.   ..

Category: Banking Law | Date: 2 May, 2013 | Hits: 3

Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)

....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522   ......: The Customs Appeal is allowed. Cases Referred to- Mohammed Zulfiqar Vs. Abul Kalam, 42 DLR (AD) 83; Superintendent and Legal Remembrance Vs. Zubed Ali, 26 DLR (AD) 1; Zamil Hoque Vs. Bangladesh, 34 DLR (AD) 125; Md Ismail Vs. State, PLD 1969 (SC) 241; Mahmudul Hoque Vs. Shamsul Alam......iction) Present: Md. Bazlur Rahman J   Hassan Arif J Sheikh Shahadat Hossain (Md.)………………………Appellant Vs. National Board of Revenue and others................Respondents Judgment April 25......he lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522   ..

Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2

JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....servation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480.   ......direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480.   ......s observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480.   ......ies Act, 1991 Supreme Court High Court Division (Special Original Jurisdiction)               Present: Md. Ashfaqul Islam J Ashraful Kamal J      JIT Knit Composite L..

Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11

Bureau Veritas (BIVAC) Bangladesh Ltd. Vs. Customs Excise and Vat Appellate Tribunal, Dhaka and others, 2013, 42 CLC (HCD)

....ed notice dated 12.01.2003 asking the appellant to show cause as to why action should not be taken against it for certifying wrong H. S. Code against the imported goods causing loss of revenue to the Government. The appellant by letter dated 26.01.2003 replied the notice asserting that the CRF certi......also Reported in: ......on (Special Original Jurisdiction) Present:  Mohammad Bazlur Rahman J Md. Ruhul Quddus J  Bureau Veritas (BIVAC) Bangladesh Ltd………………...........Appellant Vs. Customs Excise and Vat Appellate Tribunal, Dhaka and others…………...Respondents ......zlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186

Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)

....d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211.         ...... Artha Rin Adalat Khulna and another................Respondents Judgment  April 21, 2013 Result: The Rule is made absolute. Cases Referred to- Supreme Court of Bangladesh Vs. Md. Sufi Uddin, 6 BLC (AD) 241; Bangladesh House Building Finance Corporation Vs. Jah......Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hasan Arif J Abdul Mukid (Md.)...........................Petitioner Vs. Artha Rin Adalat Khulna and another................Respondents Judgment  Ap......       ..

Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4

Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)

....nce 1987. Pointing out to Annexure- X-3 of the affidavit-in-opposition filed on behalf of the respondent No. 5 Zilla Parishad, Mr Ahsanul Karim the learned Advocate submits that the Ministry of Local Government Rural Development and Co-operatives by its memo No.স্মারক নং পজেই......eported in: 65 DLR (HCD) (2013) 535 ......sion (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Mohammad Ullah J Bangladesh Inland Water Transport Au­thority (BIWTA).............Petitioner Vs. Bangladesh & others.............Respondents Judgment April 15, 2013. &nb......, Advocates—For the Petitioners. Abdus Salam Mondol, Deputy Attorney-General with Bahauddin Ahmed Assistant Attorney-General—For the Respondent Nos.1—4. Ahsanul Karim with Md. Khairul Alam Chowdhury and Tanveer Hossain Khan. Advocates—For the Respondent No. 5. ..

Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3

Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)

.... assembly on the road carrying a banner of the banned organization namely 'Hijbul Tahrir' and also chanted slogan to establish 'Khilafat State' in Bangladesh and to topple the present Government; the informant party chasing the said persons arrested the present accused while others w......e some 10/12 persons made an unlawful assembly on the road carrying a banner of the banned organization namely 'Hijbul Tahrir' and also chanted slogan to establish 'Khilafat State' in Bangladesh and to topple the present Government; the informant party chasing the said persons arrest...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: M Enayetur Rahim J Akram Hossain Chowdhury J Iftekharul Karim (Md.)...................Petitioner Vs. State.......................................Opposite-Party Judgment April 4, 2013......     ..

Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4

ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)

....te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......, Advocate—For the Respondent. Writ Petition No.5799 of 2008 Judgment Farah Mahbub J.— In this Rule, issued under Article 102 of the Constitution of the Peoples Republic of Bangladesh, the respondents have been called upon to show cause as to why the pro­ceedings of Do......37 ......of the Anti-Corruption Act 2004 is liable to be declared to have been made without lawful authority and is of no legal effect. 3. In Anti-Corruption Commission repre­sent by its Chairman Vs. Md. Enayetur Rahman reported in 8 LG(2011)AD 153 = 64 DLR(AD)14, the Appellate Division has categori..

Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4

Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)

....e also kept in each writ petition, referred to above facil­itating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181   ......Petition No. 7275 of 2008, Writ Petition No. 7276 of 2008, Writ Petition No. 7277 of 2008, Writ Petition No. 7278 of 2008 and Writ Petition No. 7336 of 2008 sent by his Lordship, the Chief Justice of Bangladesh for disposal are taken together for analogous hearing as the matter involved in those Wri......Court Division (Special Original Jurisdiction) Present: Md. Anwarul Haque J Md. Badruzzaman J Golam Nabi and another……………Petitioners Vs. Anti-Corruption Commis­sion and others……………Responden......in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181   ..

Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4

Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)

.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197     ......haka and the learned Court decreed the suit in favour of the plaintiff. Subsequently; that decree was set-aside by this Court and ultimately the Hon'ble Appellate Division of the Supreme Court of Bangladesh affirmed the judgment and order and set-aside the judgment of the trial Court. By fur­...... Supreme Court High Court Division (Civil Revisional Jurisdiction Present: Soumendra Sarker J Dr. AH Ali Haider Qureshi .............Plaintiff-Opposite Party-Petitioner Vs. Dr. Ali Asker Qureshi..................Defendant-Petitioner-Opposite Party Judgment ......;dency of the original suit under the ambit of Order VI, Rule 5 of the Code of Civil Procedure sub­mitted further and better statement alleging that the plaintiff-opposite-party-petitioner Dr. AH Md. Ali Haider Qureshi filed a Title Suit being No.578 of 1979 in the 4th Court of learned Joint Dis..

Category: Property Law | Date: 6 Mar, 2013 | Hits: 3

Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)

....s dismissed. Legitimate expectation The root of the principle of legitimate expectation is constitutional principle of rule of law which requires regularity, predictability and certainty in Government's dealing with the pub­lic………………&hellip......ject" in the service of DCC under revenue budget as per the decision of Executive Committee of National Economic Council (ECNEC) dated 3-1-2008. The Joint Chief, Planning Division, Government of Bangladesh, vide his letter dated 10th January, 2008 requested all concerned including the Chief Exe......late Division (Civil) Present: Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imraan Ali J Dhaka City Corporation ................Appellant Vs. Firoza Begum & others ..................Respondents Judgment March 6, 2013. ......, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ..

Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17

State Vs. Romana Begum alias Noma, 2013, 42 CLC AD

....udicial mind for imposing a lesser sentence though it was a case of gruesome double murder of two Inmates of a house by the maid servant, where one victim was a prospective doctor and the other was a Government College teacher and if the lesser sentence was given it may encourage repeti­tion of ......er section 302 of the Penal Code and upon conviction sentenced her to death. 8. The Additional Sessions Judge, Fifth Court, Dhaka forwarded the Reference to the Registrar of the Supreme Court of Bangladesh under section 374 of the Code of Criminal Procedure for confirmation of death sentence. T...... Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J State...............................Appellant Vs. Romana Begum alias Noma…………………….Res...... Accordingly, the criminal appeal is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ..

Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5

Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)

....aterial allegations made in the plaint contending, inter alia, that the suit was not maintainable as it stands framed. It was claimed that 12 decimals of land out of the suit land was acquired by the Government vide LA. Case No. of 1935-36 and thereafter .054 acre of land was acquired for the devel...... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......sp;     Syed Mahmud Hossain J    Muhammad Imman Ali J     Md. Mostafa…………………………………………..Petitioner Vs. Nrayangonj District Council, District: Narayangonj and others………….Respondents Judg......ned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115

Sayeda Kamrun Jahan Chowdhury Vs. Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittegong and others, 2013, 42 CLC (HCD)

....sts. Let the copy of the judgment and order be sent to all concerned for information and neces­sary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 146   ...... Judge, Artha Rin Adalat No. 4, Dhaka passed in Writ Petition No. 8549 of 2005; Antibiotic Stores Vs. Subordinate Judge and Artha Rin Adalat, 55 DLR (AD) 13 = 8 BLD (AD) 8; Sarder Jan-e-Alam Vs. Arab Bangladesh Bank Ltd., 4 BLC (AD) 178. Lawyers Involved: Lokman Karim and Md. Raflqul Islam......urt High Court Division (Special Original Jurisdiction) Present: Md. Anwarul Haque J Md. Badrzzaman J Sayeda Kamrun Jahan Chowdhury.....................Petitioner Vs. Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittaong and ot......es­sary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 146   ..

Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3

Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)

.... the case was investigated by the Bureau of Anti-corruption. We need to take into consideration the charge sheet as well. The Investigating Officer in his charge sheet stated inter alia that the then Government on 10.12.1994 took a decision to purchase a Frigate as per requirement of the Navy. Accor......e Penal Code and section 5 (2) of the Prevention of Corruption Act (Act No. II of 1947) was started alleging, inter alia, that in the financial year of 1995-1996 a proposal for purchase a Frigate for Bangladesh Navy with necessary specifications was sent to the Director General of Defence Purchase (......-34)……Accused petitioner (In Criminal Misc. No.6339 of 2004) Commodore A.K.M. Azad (Retd.)…………Accused petitioner (In Criminal Misc.No.3987 of 2004) Vs. The State…………………………&h...... Rules are made Absolute. Lawyers Involved: Mohammad Mehedi Hasan Chowdhury with Sheikh Fazle Noor Taposh and Mohammed Selim Hahangir, Advocates-For the petitioners (In all the cases). Md. Khurshid Alam Khan, Advocate-For Anti-Corruption Commission. K.M. Zahid Sarwar, Deputy Atto..

Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82

Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)

....ismissed. The appeal is dismissed with the above mod­ification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......that the defendant would execute and register a sale deed within 6 (six) months from the date of execution of the agreement on receipt of the balance consideration after obtaining permission from the Bangladesh House Building Finance Corporation (HBFC) with whom the property was mortgaged but the de...... Surendra Kumar Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Amir Hossain Sowdagar................................Appellant Vs. Md. Harunur Rashid and others......................Respondents Judgment February ......wever, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ..

Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42

Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corpora­tion and others, 2013, 42 CLC (AD)

....acts 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) 31,18 MLR (AD) (2013) 161. ...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Rana Kaiser Siddiq..................Petitioner Vs. Bangladesh Chemical Industries Corpora­tion and others………Respondents J......esent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Rana Kaiser Siddiq..................Petitioner Vs. Bangladesh Chemical Industries Corpora­tion and others………Responden......n for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ..

Category: Others | Date: 14 Feb, 2013 | Hits: 10

Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)

....ourt High Court Division (Civil Revisional Jurisdiction) Present: Soumendra Sarker J Shamir Chandra Sajwal and others.........Plaintiff-Respondent-Petitioners Vs. Government of Bangladesh..................Defendant-Appellant Opposite party Judgment  ...... Court Division (Civil Revisional Jurisdiction) Present: Soumendra Sarker J Shamir Chandra Sajwal and others.........Plaintiff-Respondent-Petitioners Vs. Government of Bangladesh..................Defendant-Appellant Opposite party Judgment  February 13......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Soumendra Sarker J Shamir Chandra Sajwal and others.........Plaintiff-Respondent-Petitioners Vs. Government of Bangladesh..................Defendant-Appellant Opposite party Judgment&......hin ten years from the diluvion process which was continued up to 1345 BS vis-a-vis; we have come across from the solitary oral evidence from the side of the defendant opposite-party that the witness Md. Serajul Islam states in the deposi­tion that the land went under water in the year 1339 BS a..

Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8

AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)

....s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in:  65 DLR (HCD) (2013) 539     ...... High Court Division (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Mohammad Ullah J AKM Mahtabul Islam .......................Petitioner Vs. Bangladesh and others ....................Respondents Judgment January 30, 2013. Resu...... Court High Court Division (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Mohammad Ullah J AKM Mahtabul Islam .......................Petitioner Vs. Bangladesh and others ....................Respondents Judgment January 30, 2013. ......oner having produced the papers annexed with the writ petition made an attempt to substantiate his sub­mission before this Court. 5. Mr. Fida M Kamal, the learned Advocate appearing with Mr. Md. Idrisur Rahman, Md. Badiuzzaman, and Mr. Md. Shahid Ullah, Advocates for the respondent No. 3 su..

Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3