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Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

.... (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina Wazed alias Sheikh Hasina……………………Accused-Petitioner Vs. State and another……………………Opposite-Parties Judgment April 13, 2010. Result......Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina Wazed alias Sheikh Hasina……………………Accused-Petitioner Vs. State and another……………………Opposite-Parties Judgment April 13, 2010. ......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......¦Accused-Petitioner Vs. State and another……………………Opposite-Parties Judgment April 13, 2010. Result: The rule is made absolute. Cases Referred to- AKM Rafiqul Islam Vs. State, 17 BLD 198; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Bangladesh Vs. Tan Kh..

Category: Criminal Law | Date: | Hits: 156

M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)

....hers, 52 DLR (AD) 82; Mr. AYBI Siddiqui and another Vs. Mr. Abdur Rahim Khan and others, 2001 BLD 75, Miss Asma Jilani Vs. Government of Punjab and another, PLD 1972 (SC) 139; Kesavananda Bharati Vs. State of Kerala (1973), 4 SCC 225; PV Narasimha Rao Vs. State, (1998) 4 SCC 626; Golaknath Vs. State......pecial Original Jurisdiction) Present: Md. Joynul Abedin J Md. Awlad Ali J Mirza Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Governme......eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......nal Attorney‑General, Adilur Rahman Khan, Deputy Attorney‑General, Zaman Akhter Bulbul, Assistant Attorney-General, Karunomy Chakma, Assistant Attorney-General—For Respondent No. 1. M Amirul Islam, Advocate—For Respondent No. 6. Abdur Razzaque, Advocate—For Respondent No. 5. None ..

Category: Constitutional Law | Date: | Hits: 215

State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)

.... of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......se is also Reported in: 50 DLR (HCD) (1998) 460. ...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ..

Category: Criminal Law | Date: | Hits: 164

Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)

....al) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Shahidullah Patwary…………………Petitioner Vs. State…………………Respondent Judgment May 2, 1983. Result: The appeal is dismis......(Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Shahidullah Patwary…………………Petitioner Vs. State…………………Respondent Judgment May 2, 1983. Result: The appeal is......ismissed. The opinion expres­sed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......¦â€¦â€¦â€¦Respondent Judgment May 2, 1983. Result: The appeal is dismissed. Case Referred to- Indrajit Singh Kohli Vs. The State, AIR 1967 Cal. 460. Lawyers Involved: Rafiqul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants. A.W. B..

Category: Criminal Law | Date: | Hits: 111

Abdul Gafur Sarder and another Vs. State and ano­ther, 1982, 11 CLC (AD)

....ent: Fazle Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Abdul Gafur Sarder and another…………………Appellants Vs. The State and ano­ther………………Respondents Judgment December 14, 1982. Result: The......al) Present: Fazle Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Abdul Gafur Sarder and another…………………Appellants Vs. The State and ano­ther………………Respondents Judgment December 14, 1982. Res......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......ail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ..

Category: Criminal Law | Date: | Hits: 97

Bakshu Mia Vs. Govt.of Bangla­desh and others, 1977, 6 CLC (AD)

.............................Appellant Vs. Govt.of Bangla­desh and others...................Respondent Judgment June 10, 1977. Result: The appeal is dismissed. Cases Referred to- State of Bihar Vs. Ram Naresh Pandey, AIR 1957 (SC) 389 Faqir Singh Vs. Emperor, AIR 1938 (PC) 269 M......: Syed ABM Hussain CJ Ahsanuddin Chowdury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Bakshu Mia...............................................Appellant Vs. Govt.of Bangla­desh and others...................Respondent Judgment June 10, 1977. ......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ..

Category: Criminal Law | Date: | Hits: 99

Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Cor­poration Ltd., 1982, 11 CLC (AD)

.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ...... FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Chairman, National Board of Revenue Bangladesh……………………Appellant Vs. M/s. GMG Cor­poration Ltd………………………Respondent Judgment September 16, ...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..

Category: Fiscal/Taxation Law | Date: | Hits: 269

Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)

.... Bangladesh, Bangladesh Secretariat, Secretariat Building, Ramna, Dhaka and others.......... Respondents Judgment March 4, 2010. Result: The Rule is made absolute. Case Referred To- State of Kerala Vs. TP Roshana, AIR 1979 (SC) 765; Maico Jute and Bag Corporation Vs. Bangladesh Jut......, Late Bangabandhu Sheikh Mujibur Rahman, Village and Upazilla: Tungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka....... Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabinet Division, Government of the Pe...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......R SC 180; Radhaballav Sarkar Vs. Pijush Kanti Chakravarty, 7 BLD AD 32; Ali Akbar Vs. Enayet Hussain, 2 MLR AD 166; State of Haryana Vs. Bhajan Lal Supra; Humayun Kabir Vs. State, 28 DLR 259; Serajul Islam Vs. DG Food, 43 DLR 237; Dr. Nurul Isalm Vs. Bangladesh, 33 DLR AD 201; Express News Papers Lt..

Category: Criminal Law | Date: | Hits: 133

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....who is not present in Bangladesh or whose whereabouts are not known or who has ceased to occupy, supervise or manage in person his property, (i) any property owned by any person who is a citizen of a State which at any time after the 25th day of March 1971, was at war with or engaged in military ope......Steel and Engineering Corporation.......................Appellant (In Civil Appeal No.36 of 1976). Bangladesh.........................................Appellant (In Civil Appeal No.37 of 1976). Vs. Md. Masood Reza and others................Respondents (In both the Appeals) Judgment J......any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ...... S. R. Pal, Senior Advocate, instructed by Abdur Rab-II, Advocate-on-Record-For the Appellant (In Civil Appeal No. 36 of 1976). T. H. Khan, Senior Advocate, with M. Nurullah, Advocate, Mahmudul Islam, Advocate, instructed by Abu Backkar, Advocate-on-Record-For the Respondent Nos. 1-3 (In Civil..

Category: Others | Date: | Hits: 154

Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)

....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......ellate Jurisdiction) Present FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Nur Banu…………………… Appellant Vs. Noor Mohammad and others………………Respondents Judgment February 3, 1983. Re......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......awyers Involved: M.H. Khondker, Senior Advocate M. G. Rabbani, Advocate with him instructed by B.C. Panday, Advocate-on Record - For the appellant. Syed Ishtiaq Ahmed, Senior Advocate, Mahmudul Islam, Advocate with him instructed by B. Hossain, Advocate-on-Record - For respondent Nos. 1 & ..

Category: Property Law | Date: | Hits: 103

Government of Bangladesh Vs. Syed Md. Hyder Ali and others, 2004, 33 CLC (AD)

....iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ...... ......iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ......mber 1, 2004. Result: The petition is dismissed. Lawyers Involved: Fida M. Kamal, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Petitioner Amir-ul-Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents. ..

Category: Procedural Law | Date: | Hits: 79

M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)

....s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......il) Present: K.M. Hasan CJ Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J M/s. Smart Apparels (Pvt.) Ltd……………..…………………….Petitioner Vs. Hanvit Bank Kuni Bong Branch and others………………….Respondents Judgment Novem......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......is dismissed. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: | Hits: 208

Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)

....ceiving interest need not be set out in detail, excepting that when the rent suit was filed in 1960 the law as to right of ex-rent receiver to recover arrear rent is to be found in section 63C of the State Acquisi­tion and Tenancy Act which, inter alia, pro­vides that all arears of rent and cess t......in: 31 DLR (AD) (1979) 323.......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......hat of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323...

Category: Property Law | Date: | Hits: 60

Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)

....tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the ob­servations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......D) (1979) 320.......tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the ob­servations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......e light of the ob­servations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320...

Category: Property Law | Date: | Hits: 78

Babul Chandra Biswas and others Vs. Dina Bandhu Chowdhury and others, 1979, 8 CLC (AD)

.... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Babul Chandra Biswas and others…………………Appellants Vs. Dina Bandhu Chowdhury and others……………………Respondents Judgment August 8,...... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ......ious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ..

Category: Property Law | Date: | Hits: 78

Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)

....t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316....... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Abul Kashem and another………………………Appellants Vs. Begum Khodeja Akhtar & others……………………Respondents Judgment June 12, ......t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......ourt for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316...

Category: Property Law | Date: | Hits: 79

M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)

....f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......2.......f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312....... dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312...

Category: Company Law | Date: | Hits: 164

Nuvista Pharma Limited Vs. National Board of Reve­nue and others, 2010, 39 CLC (HCD)

....ustoms, Excise and VAT North Commissionerate House, Dhaka will be at lib­erty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ......reme Court High Court Division (Special original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Nuvista Pharma Limited................................Petitioner Vs. National Board of Reve­nue and others...........Respondents Judgment October 27, 2010......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at lib­erty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ......antee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ..

Category: Fiscal/Taxation Law | Date: | Hits: 181

Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)

....r illegality warranting interference of this Court and the Rule, thus should be discharged. 12. Mr. Zahirul Haque Zahir, the learned Deputy Attorney General appearing for the opposite party No. 2, State, adopted the submissions of the learned Advocate for the opposite part No. 1 and prays for dis......5 BLC (HCD) (2010) 80. ......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ..

Category: Criminal Law | Date: | Hits: 122

Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)

....d ABM Husain CJ Ahsanuildin Chowddury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Mr. Mosharraf Hossaian and another……………...Appellants Vs. The State...........................................Respondents Judgment May 25, 1977. Result: ......ent: Syed ABM Husain CJ Ahsanuildin Chowddury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Mr. Mosharraf Hossaian and another……………...Appellants Vs. The State...........................................Respondents Judgment May 25, 1977. ......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112...

Category: Criminal Law | Date: | Hits: 76