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Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)

....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129.   ......ost on similar standings, got order of acquittal, the order of conviction of the appellants is not sus­tainable in the eye of law. 10. Mr. Momtaz Uddin Fakir, the learned Additional Attorney-General appearing on behalf of the respondent, submits that the evi­dence of the P. Ws.1 and 2 t......ase No. 1215 of 2002. They were charged under sections 302/34 of the Penal Code. At about 8-30 pm on 20-3-2002 one Sheikh Masud Pervez Mukti, son of P.W.1, Sheikh Borhan Uddin of1830/Ga, Purba Badda, Police Station Badda, Dhaka was alleged to have been murdered by the appel­lants which gives ris..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3

Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)

....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ......posite parties in the Court of the Joint District Judge, Court No.1, Rajshahi for pre-emption of the case land. 3. The case land appertaining to CS Khatian Nos.1028 and 979 within Mouza Kapasia, Police Station Paba, District Rajshahi belonged to one Soleman. Accordingly his name was recorded in..

Category: Property Law | Date: 17 Jun, 2013 | Hits: 4

Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)

....h the above observations. Let a copy of this judgment be communi­cated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......h the above observations. Let a copy of this judgment be communi­cated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......on-bailable offences. Court can exercise its discretionary power upon proper application of judicial mind and this exercise should not be arbitrary lest the ends of justice may be defeat­ed. Police have statutory right to arrest any person who appears to them to have been involved in the co..

Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3

Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)

....t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ...... Judgment June 12, 2013. Result: The rule having merit, is made absolute. Lawyers Involved: Mosharaf Hossain, Advocate-For the writ-petitioner. S. Rashed Jahangir, Deputy Attorney General with Ms. Nurun Nahar, Assistant Attorney General with Saikat Basu, Assistant Attorney Genera......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86

Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)

....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58.     ...... of the date of receipt of the notice is not at all material for quashing the proceeding under section 138 of the Negotiable Instrument Act, 1881, keeping in view the provisions of sec­tion 27 of General Clauses Act, 1897 which con­templates that the service of a document by post shall be de......earing on behalf of the appellant submits that the learned Judges of the High Court Division failed to take into consideration that the address of the accused-respondent No.1 is 7/B, South Begunbari, Police Station-Tejgaon, District-Dhaka and that notices were sent to the said address by registered ..

Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10

Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ...... Income Tax Reference Application is allowed. Lawyers Involved: Sarder Jinnat Ali, Adocate with A.B.M. Fazlur Rashid, Advocate-For the Assessee-applicant. S. Rashed Jahangir, Deputy Attorney General with Ms. Nurun Nahar, Assistant Attorney General with Saikat Basu, Assistant Attorney Genera......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86

Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)

....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126.   ......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126.   ......r the eviction of the present defendant-peti­tioners and opposite party Nos.13-16 from the suit land appertaining to CS plot No. 364 and 368 of CS khatian 46 of Tajru para mouja under Shariakandi Police Station of Bogra district com­prising an area of 1.77 acres of land averring inter-alia t..

Category: Property Law | Date: 21 May, 2013 | Hits: 6

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

....nd also to communicate the compli­ance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533.   ......the petitioner by filing-affidavit-in-reply in paragraph 3 of the same. 5. Mr. Khurshid Alam Khan the learned Advocate appearing for Ms. Nahid Mahtab, the learned counsel for the respondent No.3 General Manager, Foreign Exchange Policy Department (Import Policy Department) Bangladesh Bank on th......nd also to communicate the compli­ance of our direction to the Registrar of the Supreme Court 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   ......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   ......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   ..

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

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

....in stayed. With this 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.   ...... Vs. Bangladesh Bank 20 B L D (AD) 32 = 52 DLR (AD) 61. Lawyers Involved: Bashir Ahmed, Advocate—For the Petitioner SM Moniruzzaman, DAG with Pratikar Cliakma, Assistant Attorney-General—For the Respondents. Writ Petition No.11021 of 2012. Judgment Md. Ashfa......in stayed. With this 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.   ..

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)

....the Commissioner of Customs, Chittagong is set aside. Communicate the judgment and send down the records. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ...... April 24, 2013. Result: The customs appeal is allowed. Lawyers Involved: MA Azim Khair with Md. Iqbal Hossain, Advocates-For the Appellant. Goutam Kumar Roy, Deputy Attorney General with Protikar Chakma, Assistant Attorney General-For the respondent. Customs Appeal No.......the Commissioner of Customs, Chittagong is set aside. Communicate the judgment and send down the records. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

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

Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)

....e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ...... Nurul Huda Vs. Baharuddin and others 41 DLR 395; 37 DLR 18; 37 DLR 18. Lawyers Involved: N I Bhuiyan, Advocate-on-Record-For the appellants. Momtaz Uddin Fakir, Additional Attorney General Instructed by B. Hossain, Advocate-on-record- For the State, respondent No.2. Criminal......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ..

Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8

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

....ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ...... discharged. Lawyers Involved: SM Rezaul Karim with Sheikh Fazle Noor Taposh with Abdur Razzak with Afia Begum, Advocates—For the Petitioners. Abdus Salam Mondol, Deputy Attorney-General with Bahauddin Ahmed Assistant Attorney-General—For the Respondent Nos.1—4. ......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ..

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

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

....ance of the case the Court has to be obtained/accorded sanction from the Government. 28. In the above cited case Baij Nath Prashad Tripathi, Petitioner in writ petition No.115 of 1956, was a sub-Inspector of police in the State of Bhopal; he was prosecuted before a Court of Special Judge, Bhopa......of Bhopal PLD 1957 Supreme Court (India) 406. Lawyers Involved: Cumar Debul Dey with Mr. Sheikh Omar Sharif, Advocates—For the Petitioner. Momtaz Uddin Fakir, Additional Attorney-General with MH Sarder, DAG Gazi Md. Mamunur Rashid, AAG Md Asaduzzaman, Assistant Attorney-General&......s issued calling upon the opposite-party to show cause as to why the pro­ceedings of the Special Sessions Case No. 188 of 2011 arising out of GR Case No.54 of 2011 cor­responding to Dhanmondi Police Station Case No.22 dated 25 -2-2011 under sections 8/9/13 of the Santrash Birodhi Ain, 2009, ..

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 ......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 ...... 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 Double Mooring Police Station Case No.7 dated 2-12-2007 corresponding to ACC GR No.15 of 2007 under sections 26(2) ..

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

Maku Rabi Das Vs. State, 2013, 42 CLC (AD)

.... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ......udgment April 3, 2013. Result: The appeal is dismissed. Lawyers Involved: Md. Helal Uddin Mollah, Advocate-For the Petitioner. Momtaz Uddin Fakir, Additional-Attorney-General-For the Respondent. Jail Appeal No.3 of 2007. (From the judgment and order dated ...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ..

Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16

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   ......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   ......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   ..

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

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

....on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......Support for Basic Service in Urban Areas Project" for December, 2008. Accordingly, DCC paid Taka 12 lacs for distribution amongst 300 employees on 29th September, 2008. Lastly, at its fourteenth General Meeting of Commissioners, DCC decided to send a request letter for transfer­ring the sai......on are based on proper appreciation of laws and facts. Accordingly, 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

....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......the judgment of the High Court Division, which commuted her sentence of death to imprisonment for life....... (17)    Lawyers Involved: Momtazuddin Fakir, Additional Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Appellant.   &n......igh Court Division does not call for any interference by this Division. 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)

.... 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: ...... 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: ......nt and also to the structures as shown in the “Kha” and “Ga” schedule land to the plaint appertaining to C.S. Khatian No.189 and S.A. Khatian No.47, Poura Holding No.210/1, Bangabandhu Sarak, Police Station Narayangonj Sadar. The plaintiff contended, inter alia, that Harun Bepari was the own..

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