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State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....heikh Ahmed Vs. The State (1979) 3 BSCR, 41; Paudurang Vs. State of Hyderabad AIR 1955 SC 216; Fateh Khan & others Vs. The State, 15 DLR (SC) 51. Lawyers Involved: Khandker Gulzar Hossain, Deputy Attorney General-For the State. Choudhury Sanawar Ali, Advocate-For the Informant. Fa......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ...... (Criminal) Present: Md. Imman Ali J The State...........................Petitioner Vs. Md. Faisal Alam Ansari...........................Condemned Prisoner Md. Saiful Alam Ansari and another..........Absconding Convicts (Death Reference No.81 of 2003) With Md. Faisal Alam ......The State (1979) 3 BSCR, 41; Paudurang Vs. State of Hyderabad AIR 1955 SC 216; Fateh Khan & others Vs. The State, 15 DLR (SC) 51. Lawyers Involved: Khandker Gulzar Hossain, Deputy Attorney General-For the State. Choudhury Sanawar Ali, Advocate-For the Informant. Farida Khan, Advoc..

Category: Criminal Law | Date: | Hits: 94

Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)

....t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ......ellant A. K. M Zahirul Haque, Additional Attorney General, instructed by Md. Musfiqur Rahman, Advocate-on-Record-For the Respondent. Criminal Appeal No. 47 of 2009.  (From the judgment and order dated 3.3.2008 passed by the High Court Division in Criminal Appeal No.2931 of 2001.) ......IR 1958 SC 66).  Lawyers Involved: M. Amirul Islam, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Appellant A. K. M Zahirul Haque, Additional Attorney General, instructed by Md. Musfiqur Rahman, Advocate-on-Record-For the Respondent. Criminal Appea..

Category: Criminal Law | Date: | Hits: 100

Monir Hossain Vs. State, 2012, 41 CLC (AD)

.... Muhammad Imman Ali J Md. Shamsul Huda J Monir Hossain………………………………………………………...Petitioner (In both the cases) Vs. The State, represented by the Deputy Commissioner, Manikgonj………Respondent (In both the cases) Judgment January 9, 2012...... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ......n both the cases.) Not Represented-For the Respondent (In both the cases.) Criminal Petition for Leave to Appeal No. 332 of 2009 with Jail Petition No. 6 of 2009. (From the judgment and order dated 25.5.2007 passed by the High Court Division in Death Reference No.142 of 2003 with C...... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 95

State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)

....………………Petitioner Vs. Md. Monirul Islam……………………………Respondent Order June 23, 2011. Result: Leave is granted. Lawyers Involved: Goutam Kumar Roy, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Petitioner. Md. Ma......Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ...... by B. Hossain, Advocate-on-Record- For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 440 of 2009. (From the judgment and order dated 10.8.2009 passed by the High Court Division in Criminal Appeal No.1628 of 1996.) ......Petitioner Vs. Md. Monirul Islam……………………………Respondent Order June 23, 2011. Result: Leave is granted. Lawyers Involved: Goutam Kumar Roy, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Petitioner. Md. Mazibur Rahman, Ad..

Category: Criminal Law | Date: | Hits: 77

State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)

....tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ...... State………………...................Appellants (In both the appeals) Vs. Md. Abul Hossain…………………………Respondent (In Criminal Appeal No.25 of 2004) Md. Mozammel Haque and another………….Respondents (In Criminal Appeal No.26 of 2004) Judgment December 7, 20......ther………….Respondents (In Criminal Appeal No.26 of 2004) Judgment December 7, 2011. Result: The appeals are allowed. Lawyers Involved: Mamtaz Uddin Fakir, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellant (In both the appeals) Nu..

Category: Criminal Law | Date: | Hits: 85

Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)

.... Corporation Employees (Service) Regulation, 1979 (Regulation, 1979) as ultra vires to the Constitution of the People's Republic of Bangladesh and Order No. DACGF/P-34174 dated 4-2-2007 issued by the Deputy General Manager Personnel, Biman Bangladesh Air­lines Limited terminating him from service u......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md. Mamtaz Uddin Ahmed J Biman Bangladesh Airlines Limited and others.........Appellants Vs. Md. Moniruzzaman and others...............Respondents Jud......ation Employees (Service) Regulation, 1979 (Regulation, 1979) as ultra vires to the Constitution of the People's Republic of Bangladesh and Order No. DACGF/P-34174 dated 4-2-2007 issued by the Deputy General Manager Personnel, Biman Bangladesh Air­lines Limited terminating him from service under th..

Category: Employment/Service Law | Date: | Hits: 111

Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)

....Mannan Vs. Mofiz Uddin, 10 DLR 527; Pijush Kanti Chowdhury Vs. Abdur Rashid 23 DLR 60; Sree Gour Nitai Saha Vs. Province of East Pakistan, (1970) 22 DLR 143. Lawyers Involved: Kurunamoy Chakma, Deputy Attorney General, instructed by Sufia Khatun, Advocate-on-Record-For the Appellants (In all t...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......t: Surendra Rumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.........Appellants (In all the appeals) Vs. Abdul Motaleb & others................... Uddin, 10 DLR 527; Pijush Kanti Chowdhury Vs. Abdur Rashid 23 DLR 60; Sree Gour Nitai Saha Vs. Province of East Pakistan, (1970) 22 DLR 143. Lawyers Involved: Kurunamoy Chakma, Deputy Attorney General, instructed by Sufia Khatun, Advocate-on-Record-For the Appellants (In all the appeals). ..

Category: Property Law | Date: | Hits: 67

Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)

....y him all arrears and salary since 1st July, 1999. The Rule was issued in the above terms. 3. The case of the petitioner as stated in the writ petition, inter alia, is that he was appointed as the Deputy Project Director of the project namely, গ্রামীন মহিলাদের জন......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Government of the People's Republic of Bangladesh, Represented By the Secretary, Ministry of Women and Children Affairs, Bangladesh Secretariat and Others………Petitioners Vs. Nasirur Rahma......Vs. Nasirur Rahman…………………………..Respondents Judgment December 11, 2011. Result: The leave petition stands disposed of. Lawyers Involved: Mahbubey Alam, Attorney General instructed by M. Wali-ul-Islam, Advocate-on-Record-For the Petitioners. Nasirur Rahman, i..

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

Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)

.... the High Court Division. After being qualified in the competitive examination, the petitioner was appointed as a PA/Stenographer vide Office Order No.83/2002 (A&C) dated 06.05.2002 issued by the Deputy Registrar-1 of the High Court Division. The petitioner's pay scale was fixed at TK. 2250-135X......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67....... Sinha J Md. Abdul Wahhab Miah J Ms. Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others……………..Appellants Vs. Md. Mosharraf Hossain………………………......y, Ministry of Finance, Implementation Division and others Vs. Md. Shamsul Huq, 59 DLR (AD) 54; Mujibur Rahman Vs. Government of Bangladesh and others, 44 DLR (AD) 111; Serajul Islam Vs. the Director General of Food 42 DLR (AD) 1999, Bangladesh Vs. Shafiuddin Ahmed 50 DLR (AD) 27. Lawyers Involv..

Category: Employment/Service Law | Date: | Hits: 127

Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)

....ngshu Ranjan Pal…………………………………………….Respondents Judgment October 16, 2011. Result: The Petition is dismissed. Lawyers Involved: Ms. Sakila Rowshan, Deputy Attorney General, Instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Mahbub ......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......a Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others………………………Appellant Vs. Himangshu Ranjan Pal…………………......…………………………………………….Respondents Judgment October 16, 2011. Result: The Petition is dismissed. Lawyers Involved: Ms. Sakila Rowshan, Deputy Attorney General, Instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Mahbub Ali, Advocate, I..

Category: Administrative Law | Date: | Hits: 240

State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)

....bey Alam, Attorney General (Chief State) with Anisul Huq, Senior Advocate, with Murad Reza, Additional Attorney General, with Momtazuddin Fakir, Additional Attorney General, with Mostafa Zaman Islam, Deputy Attorney General, with Motahar Hossain Saju, Deputy Attorney General, with Mrs. Mahfuza Begum......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......t: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The State………………………………………………………Petitioner Vs. Dafader Marfoth Ali Shah and another………….Respondents Order January 11, 2011. Result: The Leave is granted. ......……Petitioner Vs. Dafader Marfoth Ali Shah and another………….Respondents Order January 11, 2011. Result: The Leave is granted. Lawyers Involved: Mahbubey Alam, Attorney General (Chief State) with Anisul Huq, Senior Advocate, with Murad Reza, Additional Attorney General..

Category: Criminal Law | Date: | Hits: 191

JMS Glass Industries Ltd. Vs. Customs, Excise and VAT Appellate Tribu­nal and others, 2011, 40 CLC (AD)

.... discharging the Rule. For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. ...... discharging the Rule. For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Mamtaz Uddin Ahmed J JMS Glass Industries Ltd............................................Petitioner Vs. Customs, Excise and VAT Appellate Tribu­nal and others...............Respondents Judgment November 17, 2011. ......1, the petitioner filed the writ petition. 4. No affidavit-in-opposition was filed by the writ-respondents before the High Court Division. However, Mrs. Sathika Hossain, learned Assistant Attorney General, appeared for the writ-respondents and made verbal submissions. A Division Bench of the High..

Category: Fiscal/Taxation Law | Date: | Hits: 130

Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)

....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......lant Vs. Md. Hedayelullah………………………..Respondent Judgment February 27, 1978. Result: The appeal is dis­missed. Cases Referred to- AK Fazlul Haq Vs. Nibaran Chandra Saha, (1967) 19 DLR 901; Mullah Mahbub Ali Vs. Jonab Ali, (1956) 8 DLR 448; Ananda Sundari Kar......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183...

Category: Property Law | Date: | Hits: 87

Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)

....uraged. In the above premises the appeal is dis­missed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......uraged. In the above premises the appeal is dis­missed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......-General, with M. Nurullah, Advocate, instructed by S.M. Huq, Advocate-on-Record - For the Respondents. No.2. Exparte - For the Respondent No.3. Civil Appeal No. 36 of 1977. (From the Judgment and Order dated the 2nd August, 1976 passed by the High Court Division in Writ Petition No.416 of 19......Advocate, with Mahmudul Islam, Advocate, instructed by S.S. Huda, Advocate-on-Record - For the Appellant. A. Wadud Bhuiyan, Assistant Attorney-Ge­neral with B.B. Roy Chowdhury, Assistant Attorney-General, instructed by B. Hossain, Advocate-on-Record - For the Respondent No.1. K.A. Bakr, Attor..

Category: Fiscal/Taxation Law | Date: | Hits: 112

Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)

.... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165....... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165.......Appellate Division (Civil) Present: Kemaluddin Hossain C J K M Subhan J Badrul Haider Chowdhury J Mullick Brothers……………………….Appellant Vs. Income Tax Officer and another……………………………Respondents Judgment November 30, 1978. Result:......ludes rule, regulation, bye-law, order, instrument and notification. In this Article 4(a) the word ‘regulation’ cannot be a Martial Law Regulation because ‘regulation’ has been defined in the General Clauses Amendment Order by President's Order No.147 of 1972 which is as follows: “Regul..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Mohammad Golam Rabbani and another Vs. Government of People's Re­public of Bangladesh, 1978, 7 CLC (AD)

....gment November 22, 1978. Result: The appeal is allowed. Lawyers Involved: MG Rabbani, Advocate, instructed by B.C. Pandey, Advocate-on-Record - For the Appellants. Moksudur Rahman, Deputy Attorney Gene­ral, instructed by B. Hossain, Advocate-on-Record - For the Respondents. Cr......nd the observations in paragraphs 10-15 in entirely are expunged. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 163.......orted in: 31 DLR (AD) (1979) 163.......d the other learned Advocate Mr. Shamsul Karim's conduct and as such they should be expunged from the judgment and shall not form a part thereof. 6. Mr. Moksudur Rahman the learned Deputy Attorney General appears for the State. The learned Deputy Attorney General was unable to give any reasons fo..

Category: Others | Date: | Hits: 145

Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)

....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ...... Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......Hossain Vs. State, 17 DLR (SC) 26; AKM A Halim Vs. State, 29 DLR 219. Lawyers Involved: Dr. Rafiqur Rahman with Lutfar Rahman Mondal, Advocates - For Petitioners. MA Rouf, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No. 1219 of 1995 with Criminal Misce..

Category: Criminal Law | Date: | Hits: 71

Aslam Vs. State, 1998, 27 CLC (HCD)

....the appeal is allowed. The accused-appellant Md. Aslam, son of Noor Mohammad, 147, College Road, PS and District-Narayangonj be enlarged on bail on his furnishing bail bond to the satisfaction of the Deputy Commissioner, Narayangonj. The learned Tribunal Judge will, however, be at liberty to canc......ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......……..Appellant Vs. State…………………….Respondent Judgment January 10, 1998. Result: The appeal is allowed. Lawyers Involved: Jamiruddin Sircar with Taimur Alam Khandoker, Advocates - For the Appellant. Shueb Ahmed, Assistant Attorney-General - For the State. ......gment January 10, 1998. Result: The appeal is allowed. Lawyers Involved: Jamiruddin Sircar with Taimur Alam Khandoker, Advocates - For the Appellant. Shueb Ahmed, Assistant Attorney-General - For the State. Criminal Appeal No.1635 of 1997. Judgment Md. Sirajul Islam J.- Th..

Category: Criminal Law | Date: | Hits: 65

Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)

....tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ...... High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Gour Gopal Saha J Ihteshamur Rahman………………………Petitioner Vs. Masuda Khatun and others………………………Opposite Parties Judgment January 15, 1998. Result: ......tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ..

Category: Property Law | Date: | Hits: 66

Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....Respondent Judgment November 14, 1996. Result: The Rule is made absolute. Lawyers Involved: Md. Azizul Huq with AM Mahbub Uddin, Advocate - For the Petitioner. Momtazuddin Ahmed, Deputy Attorney-General with Bazlur Rahman Channa, Assistant Attorney-General and AM Aminuddin, Assi......en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151..............dgment November 14, 1996. Result: The Rule is made absolute. Lawyers Involved: Md. Azizul Huq with AM Mahbub Uddin, Advocate - For the Petitioner. Momtazuddin Ahmed, Deputy Attorney-General with Bazlur Rahman Channa, Assistant Attorney-General and AM Aminuddin, Assistant Attorney-G..

Category: Criminal Law | Date: | Hits: 87