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Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
....e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......riminal revision No.762 of 1991) Judgment Siddiqur Rahman Miah J.- This appeal arises out of the Leave granted on 26.11.2001 by the Appellate Division of this court in Criminal Petition for leave to appeal No.219 of 2000 preferred by the present appellants against the judgment and ord......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ..........Respondents Judgment April 16, 2013. Result: The appeal is allowed. Cases Referred to- Nurul Huda Vs. Baharuddin and others 41 DLR 395; 37 DLR 18; 37 DLR 18. Lawyers Involved: N I Bhuiyan, Advocate-on-Record-For the appellants. Momtaz Uddin Fakir..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......xure-D is without lawful authority and is of no legal effect and as to why the respondents should not be restrained by an order of injunction from leasing out the land of Maowa Riverport and its foreshore land in any manner and/or such other or further order or orders passed as to this court ma......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......ngladesh & others.............Respondents Judgment April 15, 2013. Result: The Rule is discharged. Lawyers Involved: SM Rezaul Karim with Sheikh Fazle Noor Taposh with Abdur Razzak with Afia Beg..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ...... No. 188 of 2011 arising out of GR Case No.54 of 2011 corresponding to Dhanmondi Police Station Case No.22 dated 25 -2-2011 under sections 8/9/13 of the Santrash Birodhi Ain, 2009, now pending before the 3rc Court of the Special Judge, Dhaka should not be quashed and/ or such other or furt......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ......he State, 10 DLR (SC) 12; State of Goa Vs. Babu Thomas, (2005) 8 SCC 130; Baij Nath Prashad Tripathi Vs. State of Bhopal and Sudhakar Dube Vs. State of Bhopal PLD 1957 Supreme Court (India) 406. Lawyers Involved: Cumar Debul Dey with Mr. Sheikh Omar Sharif, Advocates—For the Petition..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......y;sent by its Chairman Vs. Md. Enayetur Rahman reported in 8 LG(2011)AD 153 = 64 DLR(AD)14, the Appellate Division has categorically observed while deposing the issue as to invoking writ jurisdiction for challenging criminal proceedings; the relevant portion is quo......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......nbsp; Result: The Rule is discharged. Cases Referred to- Anti-Corruption Commission Vs. Md Enayetur Rahman, 8 LG (2011) AD 153 = 64 DLR (AD) 14. Lawyers Involved: HS Deb Brahman, Advocate—For the Petitioner. Md Khurshid Alam Khan..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
.... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ......orary shelter there. Subsequently another co-accused (now dead) Giris Rabi Das, cousin of the deceased also came at about 4-00 PM and started gossiping with the Nainka Rabi Das. 3. However, Informant Dhiru Rabi Das, son of the deceased, went to nearby tea-stall for a cup of tea in and aroun...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ............................Accused-Petitioner Vs. State...............................................Respondent Judgment April 3, 2013. Result: The appeal is dismissed. Lawyers Involved: Md. Helal Uddin Mollah, Advocate-For the Petitioner. Momtaz Uddin Fak..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ....... 7275 of 2008, Writ Petition No. 7276 of 2008, Writ Petition No. 7277 of 2008, Writ Petition No. 7278 of 2008 and Writ Petition No. 7336 of 2008 sent by his Lordship, the Chief Justice of Bangladesh for disposal are taken together for analogous hearing as the matter involved in those Writ Petitions......e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ......i-Corruption Commission Vs. Enayetur Rahman 64 DLR (AD) 14; Habibur Rahman Mollah Vs. State, 61 DLR 1; Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir 62 DLR (AD) 290; 15 BLC 464. Lawyers Involved: Sheikh Fazle Noor Taposh with Imranul Kabir with Mejbahur Rahman with Khandak..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ......tlement with the Defendant-opposite-party which a voluntary organization namely Mukti Lawrence Foundation represented by it's Chairman to let out the schedule premises to the defendant foundation for a period of 5(five) years from 1-7-1993 to 30-6-1998 at a monthly rental of Taka 50,000 (fifty t...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 .............Defendant-Petitioner-Opposite Party Judgment March 6, 2013 Result: The order is discharged. Cases Referred to- 1986 BLD (AD) 224; 47 DLR 556; 1 BLC (AD) 156. Lawyers Involved: Abdul Quayum, Advocate with Mansur Habib, Advocate—For the Petitioner ..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......romise given on behalf of a public authority or from the existence of regular practice which the claimant can reasonably expect to continue. Vide Council of Civil Service Union Vs. Minister for the Civil Service 1985 AC 374……………………&he......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......llip;…(24) Cases Referred to- Smith Vs. Secretary of State for Home Affairs [1969] 2 Ch. 149, 170; Council of Civil Service Union Vs. Minister for the Civil Service 1985 AC 374. Lawyers Involved: Tofailur Rahman, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-o..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
....sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
......f the property correct which was sold in execution of the decree after the confirmation of the sale which is enough to bring the matter within the mischief of Order XXI, Rule 90 of the Code for setting-aside auction sale on the ground of material irregularity.
It also appears that the......sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
......d in Writ Petition No. 8549 of 2005; Antibiotic Stores Vs. Subordinate Judge and Artha Rin Adalat, 55 DLR (AD) 13 = 8 BLD (AD) 8; Sarder Jan-e-Alam Vs. Arab Bangladesh Bank Ltd., 4 BLC (AD) 178.
Lawyers Involved:
Lokman Karim and Md. Raflqul Islam, Advocates— For the Petitioner.
..
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ......ase No.08 dated 15-2-2007 under section 420/406/109 of the Penal Code now pending in the Court of Additional Chief Judicial Magistrate, Faridpur should not be quashed. 2. The facts relevant for the disposal of the Rule, in short, are that on 15-2-2007 one SI Mozi-bor Rahman, Sub-Inspector,......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ...... Mollah (Ex-Member of parliament) Vs. State, 62 DLR (AD) 233; Md. Musa Vs. Kabir Ahmed, 9 BLD (AD) 118 = 41 DLR (AD) 151; Md. Islam Vs. Amal Chandra Mondal, 13 BLD (AD) 28 = 45 DLR (AD) 27. Lawyers Involved: AKM Shamsul Huq, Advocate—For the Petitioner KM zahid Sarwar DAG&..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......shid and others......................Respondents Judgment February 20, 2013. Result: The appeal is dismissed with modification of the judgment. Cases Referred to- Oxford Vs. Provand, LR 2 PC 135; F Edridge Vs. RD Sethna, 60 IA 368; Jamshed Khodaram Irani Vs. Burjor......ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......dar, AIR 1967 SC 868; Gobind Prasad Vs. Hari Dutt, AIR 1977 SC 1005; Paul Couvreur VMG Shapiro, AIR 1948 PC 192; Chand Rani Vs. Kamal Rani, AIR 1993 SC 1942; Green Vs. Sevin (1879) 13 Ch. D 589. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-o..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....acts 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) 31,18 MLR (AD) (2013) 161. ..................Petitioner Vs. Bangladesh Chemical Industries Corporation and others………Respondents Judgment February 14, 2013. Result: The petition for leave to appeal is dismissed. Writ jurisdiction in case of contractual right Contractu......acts 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) 31,18 MLR (AD) (2013) 161. ......ger, Bangladesh Shipping Corporation, 40 DLR (AD) 62; Messers Momin Motor Company Vs. The Regional Transport Authority, Dacca, (1962) PLD (SC) 108; 14 DLR (SC) 102. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Re..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ......nephew Chandra Kanta Sajwal. On the death of CS recorded tenant Goalak Bashi and Mohon Bashi their total shares devolved upon their nephews in absence of their sons and daughters in equal share. The aforesaid nephews are one Rajani Kanta and Jogendra Nath, who is the plaintiff No.5 of the suit; Duri......no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ......rom the side of the defendant. Cases Referred to- Abdur Rashid Vs. Afzal Gazi, 16 MLR (AD) 4; Zar Jan Vs. Najmun Nisa, PLD 1969 Peshawar 118; Nur Mohammad Vs. Sultan Ahmed, 40 DLR 369. Lawyers Involved: Topan Kumar Chakraborty with Swapan Kumar Dutta, Advocates—For the Peti..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
....h the Special Case 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: 18 BLC (HCD) (2013) 382. ...... in the instant proceeding....... (7) Section 32, Anti Corruption Commission Act, 2004 According to section 32 of Anti-Corruption Commission Act, 2004 sanction is mandatory to be obtained before submission of police report to the Court concerned for taking cognizance.......(8) Section......h the Special Case 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: 18 BLC (HCD) (2013) 382. ......e Anti-Corruption Commission Act, 2004........ (9) Cases Referred to- Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir, 62 DLR (AD) 290; Begum Khaleda Zia Vs. State, 64 DLR 1. Lawyers Involved: KB Rumy, Advocate—For the Petitioner. Zahirul Hoque Zahir, Deputy ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ......Bank to supply the bank accounts of the respondent No. 3 within 15(fifteen) days from the date of receipt of this order. 3. We have heard Mr. Zahangir Kabir, the learned Advocate appearing for the petitioner in support of the rule, who having placed the materials before us submits th......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ...... others ....................Respondents Judgment January 30, 2013. Result: The rule is discharged. Cases Referred to- AFM Shah Alam Vs. Mojibul Huq, 41 DLR (AD) 68. Lawyers Involved: Zahangir Kabir, Advocate—For the Petitioner Fida MKamal with Mdldr..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)
....final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......sed in nothi No.S-2/69/ Misc./AP/Section-1/2003-2004 determining minimum value of the petitioner’s imported Brazil origin white sugar (annexure-A) and subsequent proposal of assessment of the goods for levying duties and taxes as contained in nothi No.52/AP/Section-1/04-05 [annexure-A(1)], and see......final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......ents Judgment January 28, 2013. Result: The Rule is disposed of. Case Referred to- Abul Khair Condensed Milk and Beverage Ltd. Vs. Commissioner of Customs and others, 60 DLR 450. Lawyers Involved Ramzan Ali Sikder with Abdullah Mahmud Hassan, Advocates-For the petitioner. ..Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ......ugned proceedings of Special Case No. 22 of 2007 arising out of Dhan-mondi Police Station Case No.71 dated 19-9-1998 under section 4(2) of the Anti-Corruption Commission Act, 1957, now pending before the Court of learned Metropolitan Senior Special Judge, Dhaka should not be quashed and/or pass...... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ......idur Rahman Vs. State, 54 DLR 489; Ali Akkas Vs. Enayet Hossain 17 BLD (AD) 44 = 2 BLC (AD) 16; Nasiruddin Mahmud Vs. Momtaz-uddin Ahmed, 36 DLR (AD) 14 and Abdul Haque Vs. State, 60 DLR (AD) 1. Lawyers Involved: Rafique-ul-Huq, Advocate with BM Mamunar Rashid and Md. Suza-al-Faruque, Advo..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....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. ......llip;……Opposite Parties Judgment January 17, 2013. Result: The Rule is discharged. Opportunity to prove the allegation by adducing evidence- There is scope for the accused-petitioner to explain about the matter and rectify the mistake in calculating assets......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. ......buddin 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 Rahman and Dewan Sharifudin, Advocates—For th..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....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. ......LD (AD), 196 = 46 DLR (AD) 174, Kalepada Shaha Vs. State, 37 DLR (AD) 135;Delowar Ali Khan Vs. Sajadul Hague, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram, AIR 1965 (SC); Directorate of Enforcement Vs. Dipok Mahajon, (1994), 3(SCC) 440; State (Union of India) Vs. Ram Saran,(2003) 12 SCC ......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. ......kshmi Narayan Ram, AIR 1965 (SC); Directorate of Enforcement Vs. Dipok Mahajon, (1994), 3(SCC) 440; State (Union of India) Vs. Ram Saran,(2003) 12 SCC 578; CP No. 10 of 2001, CRP No. 32 of 2011. Lawyers Involved: Moudud Ahmed, Senior Advocate with AM Mahbub Uddin, Advocate and AKM Ehsanur ..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. ...... Lawyers Involved: S. N. Goswami, Advocate, instructed by Mr. Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No.927 of 2009. Judgment Syed Mahmud Hossain J. - This civil petiti......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. ......…………………..Petitioner Vs. Shree Shree Shashan Kalimata Idol and others……..Respondents Judgment January 17, 2013. Result: The appeal is dismissed. Lawyers Involved: S. N. Goswami, Advocate, instructed by Mr. Syed Mahbubur Rahman, Advocate-on..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
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