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Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)

.... Md. Abu Siddique, Advocate-on-Record—For the Petitioners. None represented—For the Respondent. Criminal Petition for Leave to Appeal No.389 of 2010. (From the judgment and order dated 14-2-2010 passed by the High Court Division in Criminal Appeal No.1691 of 2001) Jud......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. ..

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)

...., instructed by Md. Nurul Islam Bhuiya, Advocate-on-Record—For Respondent Nos.1-8. None Represented—Respondent Nos.9-22. Civil Appeal No.153 of 2008. (From the judgment and order dated 20-8-2006 passed by the High Court Division in Civil Revision No.1104 of 1993). Jud......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)

....or 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 against an interim order enlarging respondent Jesmin Islam, wife of Tanvir Ahmed, 205/4, Begum Rokeya Sharani, West Kaf......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.     ..

Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4

Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)

....or 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 against an interim order enlarging respondent Jesmin Islam, wife of Tanvir Ahmed, 205/4, Begum Rokeya Sharani, West Kaf......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 ..

Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4

Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)

.... such expense, or injury which the claimant suffered by reason of arrest or attachment or injunction. It follows that the claimant has to plead in his petition or in the plaint that by reason of such order he has suffered loss or expense or injury, for which, he claims com­pensation. General dam......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)

....ction cannot be conferred to a Court it is found that the Court which heard or disposed of the suit or the case had no jurisdiction to hear such suit or case as the case may be. Because the decree or order passed by a Court without jurisdic­tion is a nullity and such nullity, in no way, is curab......eared before the Court and prayed for staying the execution of the decree on the grounds that since the Bank proceeded against the appellant Company's properties being treated as abandoned by the Government, the Directors of the appellant Company were not properly, served with notice and that ha..

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

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

....e. Moreso, he failed to record the statements of some important witnesses under section 161 of the Code of Criminal Procedure. The accused petitioners have no authority to challenge the impugned order inasmuch as by the order of further investiga­tion, they have not been prejudiced. They 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)

....pondent Nos. 6-8. (In Civil Appeal No. 45 of 2012) None represented—Respondent Nos. 2-11. (In Civil Appeal No. 46 of 2012) Civil Appeal Nos. 45-48 of 2012 (From the judgment and order dated 6th July, 2010, 27th September, 2010 and 8th October, 2009 passed by the High Court Divi......ved by the notification dated 26-10-2002 issued by the Secretary, Ministry of Agriculture amending Clauses 4 and 5 of the Notification No. Krirhi-5/Ma-2/98 (Part-8)/727 dated 17-11-1999 issued by the Government with regard to reorganization of BADC and office order communicated under Memo No.স্..

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

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

....the value does not exceed twenty-five thousand Taka shall be cognizable by a Court of Small Causes. Sub-section (3) of section 15 of the Act provides that subject as aforesaid, the Government may, by order in writing, direct that all suits of a civil nature of which the value does not exceed thirty ......il nature of which the value does not exceed twenty-five thousand Taka shall be cognizable by a Court of Small Causes. Sub-section (3) of section 15 of the Act provides that subject as aforesaid, the Government may, by order in writing, direct that all suits of a civil nature of which the value does..

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)

....e Constitution of Bangladesh as being violative of the fundamental rights guaranteed under Articles 26(1)(2), 27 and 31 of the Constitution (annexure-"A”) and/or pass such other or further order or orders as to this court may seem fit and proper". 2. The averments figured in the......o a certain group of people of the country by depriv­ing a large scale of citizens of Bangladesh in respect of filing corruption cases. The new section 32Ka requires sanction/permissions from the Government before filing cases against Judge, Magistrate and Government employee. Being aggrieved wi..

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)

....passed by the High Court Division in Civil Revision No.4621 of 1998). Judgment Syed Mahmud Hossain J.- This appeal by leave by the defendants-appellants is directed against the judgment and order dated 23-7-2001 passed by the High Court Division in Civil Revision No.4621 of 1998 making the......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. ..

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

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

.... and produce any evidence at any time during the trial. The trial does not finish 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.......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 ..

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)

.... Md. Wahidullah, Advocate-on-Record—For Respondent No.1 None Represented—For Respondent No.2. Criminal Petition for Leave to Appeal No. 537 of 2011. (From the judgment and order dated 16-6-2011 passed by the High Court Division in Criminal Appeal No. 6743 of 2007.) J......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: 9

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

....ame parties involving common questions of facts and law have been heard together and are being disposed of by one judgment. 2. The Rule in Criminal Revision No.823 of 2012 was issued challenging order No.22 dated 29.04.2012of the Special Sessions Court No.1, Dhaka passed in Special Session Case......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)

.... Md. Nawab Ali, Advocate-on-Record—For Respondent Nos.1-2. None Represented—Respondent Nos.3-23. Civil Petition for Leave to Appeal No.1751 of 2011. (From the judgment and order dated 14-6-2011 passed by the High Court Division in Civil Revision No.3451 of 2003). Jud......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)

....he Court to agitate his grievance and must surrender first to the process of justice, otherwise he remains to be fugitive from justice and could not seek aid or assistant of the process of justice in order to claim right of audience against the process of the Court issued against him.…&hellip...... 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 ..

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

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

....ord—For the Respondent. Civil Appeal No.279 of 2002                   (From the judgment and Border dated 25th of March, 2001 passed by the High Court Division in Reference Application No.43 of ......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)

....n laid down by the courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial or quasi-judicial authority while making an order affecting those rights. These rules are intended to prevent such authority from doing injustic......hellip;…...........Respondent Judgment December 12, 2013 Result: The appeal is dismissed. Case Referred to- Kanchan Mala Bepari Vs. Ananta Kumar Bepari, 6 DLR 254 Government of Bangladesh Vs. Md. Tajul Islam, 49 DLR (AD) 177 Mozibar Rahman Vs. The Chairman, Dhaka..

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

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

....nal Attorney-General, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondent. (In both the cases) Criminal Review Petition Nos.17-18 of 2013. (From the judgment and order dated 17-9-2013 passed by the Appellate Division in Criminal Appeal Nos.24-25 of 2013) Ju...... PLD 1949 PC 1; Poonam Vs. Sumit Tanwar, (2010) 4 SCC 460; Pakistan Vs. Akhlaque Hossain, 17 DLR (SC) 545; Major Bazlul Huda Vs. State, 63 DLR (AD) 62; Messrs Thungabhandra Industries Limited Vs. The Government of Andhra Pradesh, AIR 1964 SC 13 72; Sheonandan Paswan Vs.State of Bihar, AIR 1983 SC 11..

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

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

....vocate-on-record—For Respondent. Khurshid Alam Khan, Advocate, with leave of the Court—For Anti-Corruption Commission. Criminal Appeal No.22 of 2004. (From the judgment and order dated 2nd of July, 2003' passed by the High Court Division in Criminal Appeal No. 2907 of ......y prejudice to the accused-respondent. He finally submitted that in any event, even if there is any technical defect in framing the charge, that cannot result in acquittal of the accused, who being a Government official has committed very serious offence by misappropriating funds abus­ing his of..

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