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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.   ...... 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......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.   ..

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......or the Petitioner. Raflque-ul-Huq, Senior Advocate, instructed by Mvi Md. Wahidullah, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 27 of 2014. Order Md. Muzammel Hossain CJ.- This petition at the instance of Durnity Daman Commission is ag..

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......For the Petitioner. Raflque-ul-Huq, Senior Advocate, instructed by Mvi Md.Wahidullah, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 27 of 2014. Order Md. Muzammel Hossain CJ.- This petition at the instance of Durnity Daman Commission is ag..

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 ......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. ..

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

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

....tayed till October 20, 1981. In Writ Petition No. 720 of 1981 a Rule was issued at the instance of the appellant company on October 20, 1981. But it abated on March 24, 1982 after the proclamation of Martial Law. In Miscellaneous Case No. 958 of 1981 which was filed by the appellant Company under se...... 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......er stipulation and conse­quently, the Corporation filed Miscellaneous Case No.16 of 1989 before the District Judge, Narayangonj under article 27 of Bangladesh Housing Building Finance Corporation Order, 1973 (PO No.7 of 1973) against the writ-peti­tioner. Subsequently, Miscellaneous Case No...

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.   ......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......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.   ..

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)

....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......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 ..

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. ......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...... 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. ..

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)

....ffect. There is no order as to costs. Office is directed to communicate the judg­ment forthwith. Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 191 ......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......ffect. There is no order as to costs. Office is directed to communicate the judg­ment forthwith. Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 191 ..

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)

....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&......ree, being indicative of a sale……………………………(19) The condition giving right of repurchase survived when President's Order No.88 of 1972 came into effect and, as such, the sale in the case had become a complete usufru..

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

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

....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, ......nish until pronouncement of judgment…………. (5) Civil Appeal No. 140 of 2002 (From the order dated 7th of December, 1999 passed by the High Court Division in Civil Order No. 5046 of 1999.) Judgment Md. Imman Ali J. - This civil appeal by leave is directe..

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

Anti-Corruption Commission Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku and another, 2014, 43 CLC (AD)

....anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 185.     ......11 of 1947. And in doing so, it has not at all discussed the evidence on record.......(6) Cases Referred to- Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir, 62 DLR (AD) 290. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Mahmuda Begum, Advocate-on-Re......anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 185.     ..

Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 10

Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)

....dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ...... January 21, 2014. Result: Both the Rules are made absolute. Cases Referred to- Mohammad Ali Vs. State and another, 64 DLR426, Arif-uz-Zaman (Md.) Vs. State, 17 BLC (AD) 167 Lawyers Involved: Md. Abdul Quadir Talukder, Advocate-for the petitioner. ASM Fazle Rabbi ......dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111

Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)

....er appreciation of law and fact 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) 157. ......isposal………………(15) Cases Referred to- Chandra Kumar Maladas Vs. Abdul Motaleb, 19 DLR (SC) 36; Md. Mofizuddin Vs. Abdul Hakim, 33 DLR (AD) 305. Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Md.......er appreciation of law and fact 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) 157. ..

Category: Property Law | Date: 20 Jan, 2014 | Hits: 44

State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)

.... Senior Special Judge, Dhaka is directed to pro­ceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ...... right of audience against the process of the Court issued against him.………. (7 & 8) Case Referred to- Anti-Corruption Commission Vs. Mahmud Hossain, 61 DLR 17. Lawyers Involved: Md. Sohrawardi, Deputy Attorney-General, instruct­ed by Mvi Md Wahidullah......arrest, he remains still at large. Until his surrender, no Court of law can give him any protection or entertain any application by him. 11. This appeal is, accordingly, allowed and the impugned Order of the High Court Division in Criminal Revision No. 227 of 2003 including the issuance of Rule..

Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1

Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)

....he High Court Division, accordingly, the appeal is dis­missed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243.     ......014.     Result: The appeal is dis­missed. Cases Referred to- Commissioner of Income Tax A-Range, Chittagong Vs. Harendra Kumar Shil, 34 DLR (AD) 298. Lawyers Involved: Rafique-ul-Huq, Senior Advocate instructed by Md.Wahidullah, Advocate-on-Reco......he High Court Division, accordingly, the appeal is dis­missed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243.     ..

Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11

BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)

....e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48   ...... and Co. Vs. Hindustan Petroleum Corporation Limited, AIR 1987 (Guj) 19 Jamuna Oil Company Limited Vs. S.K. Dey, 44 DLR (AD) 104 Rex Vs. Sussex Justice Ex-parte Meeonly, 1924 QB 256 at page 259. Lawyers Involved: Asaduzzaman, Advocate— For the Appellant Raghib Rouf Chowdhury&nbs......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48   ..

Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

.... For the reason stated above, we find no merit in these review petitions. The petitions are accord­ingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......62; Modern India Caterers Vs. Lieutenant Governor, 1980 SC 674; GL Gupta Vs. DN Mehta, AIR 1971 SC 2162; Ram Narain Vs. State of UP, 1970 (3) SCC 493; Madho Ram Vs. State of UP, AIR 1973 SC 467. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate (with Abdur Razzaq, Senior Advocate,......pro­vided in the Act of 1973. On the other hand, the learned counsel for the petitioner has submitted that the review petition is maintainable in view of Article 105 of the Constitution read with Order XXVI of the Supreme Court of Bangladesh (Appellate Division) Rules, 1998. 7. When a preli..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15

State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)

.... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ...... BLD (1997) 223 = 3 BLC 474; Md. Nizamuddin Dali Vs. State, 16 BLP (1996) 580 = 1 BLC 312; Abdur Razzak alias Geda Vs. State, 16 BLD (1996) 312=48 DLR 457; Abul Kalam Azad Vs. State, 48 DLR 294. Lawyers Involved: Biswajit Deb Nath, Deputy Attorney-General, instructed by B Hossain, Advocate...... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ..

Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26

Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)

.... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ...... treatment. Generally an accused enjoys the presumption of innocence and an accused acquitted on trial acquires an added advantage of proven innocence………………………………………(8) Lawyers Involved: No one appears for the petitioner. Abu Saleh Md. Fazle Rabbi Khan, Assistant Att...... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ..

Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24