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Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)

....304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ......304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ......ez Siddique J Mati alias Md. Matiar Rahman............Appellant Vs. The State.................................Respondent Judgment July 23, 2013. Result: The appeal is allowed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record-For the Appellant. Shohrowardi, Deput..

Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88

Shahnaz Parveen and others Vs. Bangladesh, represented by the Secretary, Ministry of Heath and Family Welfare Dhaka and others, 2013, 42 CLC (HCD)

....e benefits to the petitioners counting their service period in the development project. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 157 ......e benefits to the petitioners counting their service period in the development project. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 157 ......transferred from the development project to the revenue set up to enjoy salary, leave, pension and other service benefits from the date of his entry/joining the development project…..(20) Lawyers Involved: AKM Fazlul Hoque, Advocate—For the Petitioners. Kazi Zinat Hoque, ..

Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3

Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)

....in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......…………......Petitioner Vs. Meher Banu Bibi and others………………………………Respondents Judgment July 7, 2013. Result: The is hereby dismissed Lawyers Involved: Quamrul Islam Siddique, Advocate instructed by Mohd. Nawab Ali Advocate-on-r..

Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13

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

....t; have killed the victim but in fact, that they must have killed the victim and the distance from "may" to "must" has to be traversed by reliable evidence. It is fundamen­tal principle of criminal jurisprudence that cir­cumstantial evidence should point inevitably to the......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.   ......of doubt to the accused……… (19-22) Case Referred to- Shamsul Haque Vs. State, 6 BLD (AD) 216 = 38 DLR (AD) 75;Jaharlal Das Vs. State of Orissa, AIR 1991 (SC) 1388. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by Syed Mahbubar Rahman,..

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 ......bsp; Result: The Rule is made absolute. Cases Referred to- Abul Khair Vs. Pubali Bank Ltd, 53 DLR (AD) 62; Abul Masud Khan Vs. Khan Mohammad Abdullah Rahmatullah, 47 DLR 143. Lawyers Involved: Md. Abdul Jabbar, Advocate—For the Petitioner. No one—For th..

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. ......ring any such observation/remark/direction. High Court Division shall not abuse its power while considering an application for anticipatory bail and follow the guidelines given by this Division. Law declared by this Division is binding upon it and the learned Judges are oath bound to fol­lo..

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

Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)

....granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476.   ......granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476.   ......efendant-Respondent-Petitioner Vs. Government of Bangladesh others.........................Opposite-Parties Judgment June 16, 2013. Result: The Rule is disposed of. Lawyers Involved: Md. Mostafa Advocate—For the Petitioner Md. Khurshid Alam Khan, Ad..

Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2

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: ......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: ......p;                   Judgment June 12, 2013. Result: The rule having merit, is made absolute. Lawyers Involved: Mosharaf Hossain, Advocate-For the writ-petitioner. S. Rashed Jahangir, Depu..

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.     ......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.     ......y Vs. State, 28 DLR (AD) 38; Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38 and Habibur Rahman Howlader Vs. State, 53 DLR (AD) 111. Lawyers Involved: MA Samad, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Recor..

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: ......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: ......es, Taxes Zone-03, 35, Pioneer Road, (Ayesha Manjil) Segunbagicha, Dhaka-1000, Bangladesh………Respondent Judgment June 5, 2013. Result: Income Tax Reference Application is allowed. Lawyers Involved: Sarder Jinnat Ali, Adocate with A.B.M. Fazlur Rashid, Advocate-For the Assessee..

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

A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)

....the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order.  Ed.  This Case is also Reported in: 66 DLR (HCD) (2014) 207   ......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order.  Ed.  This Case is also Reported in: 66 DLR (HCD) (2014) 207   ......hausting all the processes against the main borrower, the impugned orders of arrest as well as the refusal of bail should not sustain in the eye of law……………(6) Lawyers Involved: Helal Uddin Mollah, Advocate- For the Petitioner A.Z.M. Mohiuddin, Advoc..

Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5

Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)

....w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122.   ......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122.   ......to gift the suit land to her nephews depriving her minor child…………(21 &  22) Cases Referred to- 19 BLT 568; 37 DLR (AD) 205, 45 DLR 279;19 DLR 188. Lawyers Involved: Md. Khandker Amitml Hague, Advocate—For the Petitioner. Moudud Ah..

Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3

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.   ...... of justice. Since I have taken the decision to sent the suit back on remand upon set­ting aside the impugned judgment and decree of the appellate Court below it will be beneficial for both. Lawyers Involved: Md. Abdul Jabbar with Md. Ibrahim Advocates—For the Petitioners. M..

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

ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)

....charged without any orders as to costs.' Communicate the judgment to the court con­cerned at once.  Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9.   ......charged without any orders as to costs.' Communicate the judgment to the court con­cerned at once.  Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9.   ....... Joint District Judge, Sylhet, in Writ Petition No. 7347 of 2010; Zahirul Islam Vs. NBL, 46 DLR (AD) 191; BADC Vs. Artha Rin Adalat, 59 DLR (AD) 6; Gazi M Towfic Vs. Agrani Bank, 54 DLR (AD) 6. Lawyers Involved: M Sayed Ahmed and Imtiaz Farooq, Advocates—For the Petitioners. Ru..

Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8

Taposh Malaker Vs. Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others, 2013, 42 CLC (AD)

....made on proper appreciation of law and facts do not call for interference. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 1. ......made on proper appreciation of law and facts do not call for interference. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 1. ......ellip;……………………………Respondents Judgment May 7, 2013. Result: The leave petition is dis­missed. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Md. Zahirul Islam Advocate-on..

Category: Election Law | Date: 7 May, 2013 | Hits: 6

Head Mistress, Hazrat Shah Ali Girls' High School, Mirpur, Dhaka Vs. Mohammad Ibrahim and others, 2013, 42 CLC (AD)

....cordingly dis­posed of. The matter is remanded to the High court Division for a fresh hearing. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 300; 18 MLR (AD) (2013)153. ......cordingly dis­posed of. The matter is remanded to the High court Division for a fresh hearing. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 300; 18 MLR (AD) (2013)153. ......rt Division cannot allow the prayer of the plaintiff by directly asking the authority to give fresh appoint­ment to the plaintiff from the date of dismissal.............................(13) Lawyers Involved: Sufia Khatun, Advocate-on-Record—For the Petitioner. Khair Azaz Ma..

Category: Procedural Law | Date: 6 May, 2013 | Hits: 15

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.   ......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.   ......eferred to- Professor Md. Yumus Vs. Bangladesh 63 DLR 260; ASF Rahman Vs. Bangladesh Bank 20 BLD (AD) 32 = 52 DLR (AD) 61 and JIT Knit Composite Ltd Vs. Government of Bangladesh 18 BLC 480. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate Mizan Sayeed, Advocates—For the Peti..

Category: Banking Law | Date: 2 May, 2013 | Hits: 3

Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)

....superior Court is to be deemed to posses, as inherent in its jurisdic­tion, all such powers as are necessary to the right and undo the wrong in the course of administra­tion of justice on the principle that when a law gives a person anything it gives that without which it cannot exist. In a ......nder section 196D of the said Act against the said order dated 6-6-2007 passed by the Tribunal. 4. In Customs Appeal No.25 of 2008, the Appellant, Mr. Salahuddin Ahmed, proprietor of M/s Friends International, Bangshal Road (1st Floor), Dhaka-1100, imported some 'PVC Floor Covering' fro......ishna Kamini Dashi], ILR 14 Cal-365, P-372 (PC]; Aswini Kumar Ghose Vs. Arobinda Bose [AIR 1952 SC 369, P 383] and Bombay Sweets Company Ltd. Vs. President, Appellate Tribunal, V ADC (2008) 478. Lawyers Involved: Munshi Moniruzzaman, Advocate with Akhtar Farhad Zaman, Advocate—For th..

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.   ......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.   ......lar play a pivotal role in this regard……………….. (4 &5) Cases Referred to- ASF Rahman Vs. Bangladesh Bank 20 B L D (AD) 32 = 52 DLR (AD) 61. Lawyers Involved: Bashir Ahmed, Advocate—For the Petitioner SM Moniruzzaman, DAG wit..

Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11

Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)

....r did not raise any objection before the Artha Rin Adalat regarding its lack of jurisdiction, yet, he submits, jurisdiction of a Court cannot be conferred by con­sent of parties and, as such, the principle of estop­pel, waiver & acquiescence will not apply against him in the present case......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211.         ......ce Corporation Vs. Jahanara Akter, 16 BLD (AD) 231 =49 DLR (AD) 80; Essex Incorporated Congregrational Church Union Vs. Essex CC, [1963] AC 808;Mahmudul Basque Vs. Shamsul Alam, 36 DLR (AD) 179. Lawyers Involved: Ahmed Nowshed Jamil, Advocate—For the Petitioner. Writ Petition No..

Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4