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Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)

....15, 18 & 19) Cases Referred to- M Sahabuddin Vs. State, 11 BLC (AD) 206; Ali Akkas Vs. Enayat Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38 ; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69. Lawyers Involved: Moudud Ahmed with Hahibur......urt Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Mohidul Islam (Ripon)(Md.)....................Petitioner Vs. State and another………………………&h......;……………… (15, 18 & 19) Cases Referred to- M Sahabuddin Vs. State, 11 BLC (AD) 206; Ali Akkas Vs. Enayat Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38 ; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69. ......case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108.   ..

Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3

Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)

....……………...........Opposite-parties Judgment January 17, 2013. Result: The application is rejected. Cases Referred to- Tarique Rahman Vs. Bangladesh, 63 DLR (AD) 18;Pirjada Syed Shariatullah Vs. Government of Bangladesh, 61 DLR 64714 BLD ......   ......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50.   ......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50.   ..

Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11

Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)

....ation 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: 21 BLT (AD) (2013) 339.  ......uzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Paresh Chandra Biswas……………………..Petitioner Vs. Shree Shree Shashan Kalimata Idol and others……..Respondents Judgment January......s dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339.  ......ation 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: 21 BLT (AD) (2013) 339.  ..

Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14

Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....gh Court Division (Special Original Jurisdiction) Present: Shamim Hasnain J Md. Ruhul Quddus J Md. Sadek Ali……………………….....Petitioner Vs. Government of Bangladesh and others…...Respondents Judgment January 13, 2013. Result: The Ru......Supreme Court High Court Division (Special Original Jurisdiction) Present: Shamim Hasnain J Md. Ruhul Quddus J Md. Sadek Ali……………………….....Petitioner Vs. Government of Bangladesh and others…...Respondents Judgment January 13, 2013. ......s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ..

Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101

Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013

....an Foez Siddique J ABM Altaf Hossain J Mir Sharafat Ali………………………………Petitioner Vs. Govemment of Bangladesh and others…………Respondents Judgment January 10, 2013...... Present: Hasan Foez Siddique J ABM Altaf Hossain J Mir Sharafat Ali………………………………Petitioner Vs. Govemment of Bangladesh and others…………Respondents Judgment......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ..

Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2

Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)

....inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ...... Khondker Musa Khaled J Md. Nazrul Islam Talukder J Shafiqul Alam (Md.)………………………………....Petitioner Vs. State…………………………&helli......hellip;….Opposite-party Judgment January 10, 2013. Result: The Rule is made absolute. Cases Referred to- Khizir Haider Vs. State, 73 MLR (AD) 157;13 MLR (AD) 157; Abdul Hague Vs. State, 60 DLR (AD) 1. Lawyers Involved: Khizir Haider Vs. State, 13 MLR (A......inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ..

Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4

Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)

....ld major shares in the company; it has 12 Tea Estates having 10,949.58 hectares of land, out of which more than 50% area is under tea plantation. NTC is one of the major tea producing com­pany in Bangladesh, annual average pro­duction of tea being about 5.20 million kgs; that the 33rd Annual......D) (2013)110. ......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ..

Category: Company Law | Date: 9 Jan, 2013 | Hits: 13

Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)

.... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218.  ......t: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Habibur Rahman @ Habu and others..........Appellants Vs. The State..........................Respondent Judgment January 9, 2013. Re......o Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218.  ...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218.  ..

Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10

Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)

....le completely ignoring the said principles of law declared by this Division. It seems that the concerned learned Judges are not aware of article 111 of the Constitution of the People's Republic of Bangladesh which has mandated that the law declared by this Division shall be binding on the High C......r Sinha J Md. Abdul Wahhab Miah J Nazmunara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Gulf Air Company GSC and another ....................Petitioners Vs. Travel Trade Ltd. and others.....................Respondents Judgment January 4,......is also Reported in: 18 MLR (AD) (2013) 156.  ......na, 4 BLC(AD) 68; Moslema Khatun Vs. Ishaque, 42 DLR(AD) 72; Abu Ahmed Vs. M.A.Haque,1983 BLD(AD) 193; Faruk Vs. Nurul Azim, 1983 BLD(AD) 196; A.H. Chowdhury Vs. M. Hossain, 1984 BCR(AD) 532; Abdul Wahab Vs. All Ahmed, 1992 BLD (AD) 64; Fazlur Rahman Vs. Rajab Alt, 30 DLR (AD) 30; Dijendra Lal Vs..

Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8

Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)

....4. It has been asserted in the Income Tax Reference Applications that the Assesse-applicant is a private limited company engaged in import and sell of various pesticides/insecticides in the market of Bangladesh. The Assesse-applicant does not manufacture the product which it sells and those are prod...... Ahasan J Bayer Crop Science Limited, Abedin Tower (2nd and 3rd Floor), 35 Kemal Ataturk Avenue, Banani, Dhaka, represented by its Vice President Md. Billal Hossain……....Assessee-Applicant. Vs. The Commissioner of Taxes, Companies Circle-18, Taxes Zone-6, Dhaka…..Opposite party Jud...... The connected Rule being No.30 (Ref:) /2011 is disposed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ...... The connected Rule being No.30 (Ref:) /2011 is disposed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85

Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)

....shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ......: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. A.K. Azad.....................Petitioner Vs. Kaptex Limited and others ............Respondents Judgment December 12, 2012. ...... This Case is also Reported in: 18 MLR (AD) (2013) 36. ......shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ..

Category: Company Law | Date: 12 Dec, 2012 | Hits: 30

TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)

.... different wash brand scouring powder, Jet brand detergent powder, Kohinoor brand detergent powder, Sodium Silicate, Jet ball soap and other products and have been mar­keting those items all over Bangladesh on paying of all the VAT and other taxes regularly. 3. At a tip-off a team of the Pr......ial Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J TLRA Holding Ltd………………………Petitioner Vs. Customs, Excise and VAT Appellate Tribunal & others.............Respondents Judgme......Court is hereby recalled and vacat­ed. Communicate at once.         Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94.   ......Court is hereby recalled and vacat­ed. Communicate at once.         Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94.   ..

Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6

Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Muzibul Haque (Md.)..........................Petitioner Vs. Bangladesh and others.................Respondents Judgment December 6, 2012. Result:......Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Muzibul Haque (Md.)..........................Petitioner Vs. Bangladesh and others.................Respondents Judgment December 6, 2012. ......s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138     ......s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138     ..

Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3

Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)

....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ...... Syed Mahmud Hossain J Md. Imman Ali J Nazrul Islam (Md.)……………………………………...Petitioner Vs. State.....................................................Respondent Judgment Dec......for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ..

Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6

Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)

....hat score if anyone is aggrieved by the decision of the government may take recourse of law in an appro­priate forum, if so advised…….(54) Cases Referred to- Government of Bangladesh, represented by the Deputy Commissioner, Dhaka Vs. Mr. s Anwara Huq, 9 MLR (AD) 253 = 56 ...... Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Amanullah (Md.) and other ..................Petitioners Vs. Abdul Aziz and others...............Contemnors Judgment December 5, 2012. R...... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Amanullah (Md.) and other ..................Petitioners Vs. Abdul Aziz and others...............Contemnors Judgment December 5, 2012. Result: ...... With the above observations and direc­tions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485.     ..

Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4

Ramala Khatun & another Vs. Baitul Aman Co-operative Housing Society Ltd. and others, 2012, 41 CLC (HCD)

....et-aside the judgment and decree of the trial Court invoking the concept of complete justice which is available only to this Division under article 104 of the Constitution of the People's Republic of Bangladesh. From the trend of the judgment of the High Court Division it appears that, in fact, it s...... Nazmun Ara Sultana J     Syed Mahmud Hossain J   Md. Imman Ali J Ramala Khatun & another........................................Petitioners Vs. Baitul Aman Co-operative Housing Society Ltd. and others.......Respondents (In Civil Petiti......e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 104. ......e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 104. ..

Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75

Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)

....11) Section 561A of the Code of Criminal Procedure can not be utilised to quash an investigation work of the police........(12) Cases Referred to- Abdul Huque Vs. State, 60 DLR (AD) 1; Bangladesh Vs. AT Mridha, 26 DLR (SC) 17. Lawyers Involved: Jahirul Islam Mukul and Md. Ha......Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Sadek Hossain (Md.)……………............................Petitioner Vs. State and another...........................................Opposite-Parties Judgment ......ot arise at all……..... (11) Section 561A of the Code of Criminal Procedure can not be utilised to quash an investigation work of the police........(12) Cases Referred to- Abdul Huque Vs. State, 60 DLR (AD) 1; Bangladesh Vs. AT Mridha, 26 DLR (SC) 17. Lawyers Involve......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278.     ..

Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4

Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)

..............Respondents (In Criminal Review Petition Nos.9-12 of 12) Judgment December 3, 2012. Result: The Review Petitions are dismissed. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988, Order XXVI rule 1 Review of judgment or order of t......Hossain CJ Md. A Wahhab Miah J   Nazmun Ara Sultana J   Syed Mahmud Hossain J Md. Imman Ali J Shahidur Rahman Khadem..............Petitioner Vs. State and another..........................Respondents (In Criminal Review Petition Nos.9-...... passed by the Appellate Division in a criminal proceeding error apparent on the face of the record has to be shown.…………………………………………(8) Lawyers Involved: Abdul Basel Majmumdar, Senior Advocate, instruct­ed by Md. Wahidullah, Advocate-on-Record—For t...... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ..

Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10

Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)

.... in the respective review petition. 5. The provisions of review of judgment or order of this Division in a criminal proceeding have been provided in rule 1 of Order XXVI of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 (the Rules). Rule 1 of Order XXVI of the Rules shows tha...... Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Shahidur Rahman Khadem.......Petitioner (In Criminal Review Petition Nos.9-12 of 2012) Vs. The State and another…………...Respondents Mir Shafiqul Islam..................P......f accordingly.   Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ...... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly.   Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ..

Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162

Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)

.... of a Judicial Officer. 14. However, in all fairness, we direct the Secretary Ministry of Law, Justice and Parliamentary   Affairs   and   the   Registrar Bangladesh Supreme Court to hold an enquiry in accordance with law with regard to the explanation fu......inal Miscellaneous Jurisdiction) Present: M Enayetur Rahim J Md. Akram Hossain Chowdhury J Nur Hossain alias Ladu……………..........Petitioner Vs. State…………………………&helli...... Affairs, Government of Bangla­desh   and   Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474.   ...... Affairs, Government of Bangla­desh   and   Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474.   ..

Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3