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Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)

....ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ...... ......lace of occurrence and there were about 42-50 houses situated near by the place of occurrence and the bamboo clump is used as latrine by the local people. 16. P.W.8 Md. Fazlul Haque and P.W.9 Md. Abdul Rashid, a Sub-Inspector of Police were also tendered by the prosecution. 17. P.W.10 Md. Sa......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ..

Category: Criminal Law | Date: | Hits: 65

BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....respondents have been deducting VAT from the petitioners' invoice at the rate of 15% which is in excess of statutory maximum and in violation of section 3 of the VAT Act 1991. 6. The government of Bangladesh, on 21-5-2008 published an advertisement in the Daily Star inviting "request for Expressi....... ......s. Intertek Testing Services International Ltd., 11 BLC (AD) 233; Sadharan Bima Corporation Vs. Bengal Liner, 48 DLR (AD) 143. Lawyers Involved: Fida M Kamal with Akhter Imam, Senior Advocates, Abdullah M Hasan, Advocate - For the Petitioners (In all the writ Petitioners). Mahmudul Islam wi......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..

Category: Fiscal/Taxation Law | Date: | Hits: 152

Abdul Motaleb Howlader alias Chan Miah Vs. Judge, Artha Rin Adalat No.1, Pirojpur and others, 2011, 40 CLC (HCD)

....mitting a second execution case namely Artha Rin Decree Execution Case No.2 of 2004 arising out of Artha Rin Suit No.3 of 1998. 2. The facts leading to this writ petition are that respondent No.3, Bangladesh Krishi Bank, Pirojpur branch as plaintiff instituted Artha Rin Suit No. 3 of 1998 against...... High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Abdul Motaleb Howlader alias Chan Miah………….................Petitioner Vs. Judge, Artha Rin Adalat No.1, Pirojpur and others…………..... Respondents Judgment ......ra Sultana J. - I agree. Ed. This Case is also Reported in: ...... discharged, however, without any order as to costs. Communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 107

Arun Kumar Sutradhar and another Vs. The Joint District Judge, Artha Rin Adalat Comilla and another, 2010, 39 CLC (HCD)

.... case), if it is required. The office is directed to communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......Supreme Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Arun Kumar Sutradhar and another…………........Petitioners Vs. The Joint District Judge, Artha Rin Adalat Comilla and another ....................................y filing Artha Decree Execution Case No.44 of 1995. The executing Court after observing the necessary formalities fixed 15.3.1998 for holding auction sale of the mortgaged property. At this stage one Abdul Latif and some others filed Miscellaneous Case No.3 of 1998 under Order XXI rule 58 of the Cod...... case), if it is required. The office is directed to communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 80

Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....lso Reported in: ......se is also Reported in: ...... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 78

Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)

....9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:   ...... Jurisdiction) Present: Md. Ruhul Quddus J Abdul Khaleque Miah alias Khan Abdul Khaleque since deceased substituted by his heirs Mst. Sufia Begum and others………………...Petitioner Vs. Sheikh Amin Uddin, since deceased substituted by his heirs Shaikh Abdur Rashid and others …......nd down the lower Courts’ records. Ed. This case is also Reported in:   ......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:   ..

Category: Property Law | Date: | Hits: 99

A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)

.... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......reme Court High Court Division (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J A. M. Anwarul Haque……………………...................Appellant Vs. The State………………………….............................Respondent Judgment ......fter that inspection, he furnished a report stating that the stock was found correct. This witness could not ascertain whether the accused were involved in the alleged misappropriation. 15. P.W.10 Abdul Khaleque, the then Upazila Food Controller at Madhabpur, stated that after the death of Mirza ...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 61

Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)

....n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......me Court High Court Division (Criminal Appellate Jurisdiction) Present: Naima Haider J Md. Ruhul Quddus J Abdul Jalil alias Jalil Mia ………………………….....Appellant Vs. The State…………………..................................Respondent Judgment Ap......cords. Naima Haider J.- I agree. This Case is also Reported in: ......n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 74

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

....7; Sm. Krishnamoni Vs. Baser Mondal and others, 1963 AIR Calcutta 225; The Province of East Pakistan and others Vs. Sirajul Huq Patwari and another; PLD 1966 Supreme Court 854; People’s Republic of Bangladesh, represented by the Secretary, Ministry of Public Works Vs. Chairman, Court of Settlement......orted in: ....... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ....... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 78

Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)

....e Court Appellate Division (Civil Appellate Jurisdiction) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Govt. of Bangladesh & another.............. Appellants Vs. M/S Mashriqul Textiles and others.............risdiction) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Govt. of Bangladesh & another.............. Appellants Vs. M/S Mashriqul Textiles and others.............. Respondents Judgment December 8, 1982. ...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ..

Category: Alternative Dispute Resolution | Date: | Hits: 238

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

....aisal Alam Ansari (appellant) and Humayun Kabir (deceased) were both settled in the USA and were two of three partners in a petrol pump, which they owned in the city of Los Angeles. They both came to Bangladesh on 13.11.1999 and were due to return together on 23.11.1999. On 21.11.1999 the victim Hum......at once. Ed. This Case is also Reported in: ......: Khandker Gulzar Hossain, Deputy Attorney General-For the State. Choudhury Sanawar Ali, Advocate-For the Informant. Farida Khan, Advocate-State Defence Lawyer for absconding convicts. Abdul Malek, Senior Advocate with S.M. Shahjahan, Advocate & Anisul Huq, Advocate with Sheikh Ba......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: ..

Category: Criminal Law | Date: | Hits: 94

Samerendra Samajpati and others Vs. Government of the People’s Republic of Bangladesh, 2012, 41 CLC (AD)

....d Imman Ali J Md. Shamsul Huda J Samerendra Samajpati and others…………………………………………………………Petitioners Vs. Government of the People’s Republic of Bangladesh and others………….Respondents Judgment March 5, 2012. Result: The petiti......hhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Samerendra Samajpati and others…………………………………………………………Petitioners Vs. Government of the People’s Republic of Bangladesh and others………….Respondents Jud...... Ed. This Case is also Reported in: ......r of the High Court Division. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 69

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

.... Vs. Sorowaraedel, 5BLC, 451; State Vs. Puran Vs. State of Punjub, AIR 1953 SC 459; P.K. Singh Vs. State of Monipur, AIR 1956 SC 9; Suvamania Vs. Gounan Vs. State of Madras, AIR 1958 SC 66; BLAST Vs. Bangladesh, 23BLD 115; State Vs. Fozu Kazi @ Kazi Fazlur Rahman, 29 DLR (SC) 271; Jaigun Bibi Vs. St......llate Division (Civil) Present: Md. Tafazzul Islam J Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Abdul Mannan Bhuiyan………………………….Appellant Vs. The State……………………………Respondent Judgment January 5, 2010. Resu......nce 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: ..

Category: Criminal Law | Date: | Hits: 100

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

.... 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: ......ra Sultana J Syed Mahmud Hossain J 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 ......osed of with the above observations. Ed. This Case is also Reported in: ...... 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)

....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: ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J The State…………………………………………Petitioner Vs. Md. Monirul Islam……………………………Respondent Order June 23, 2011. Re......enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ......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: ..

Category: Criminal Law | Date: | Hits: 77

Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)

....tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Most. Anwara Khatun……………………………………….Petitioner Vs. Md. Ensab Ali Akand…………………………………………Respondent Order Mar......nded till disposal of the appeal. Ed. This Case is also Reported in: ......tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 66

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. ...... Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J The State………………...................Appellants (In both the appeals) Vs. Md. Abul Hossain…………………………Respondent (In Criminal Appeal No.25 of 2004) ......e 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. ..

Category: Criminal Law | Date: | Hits: 85

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

....(Civil) Present: Md. 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...........umar 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 Judgment December 1, 2011. Res......dent Nos.2. Civil Appeal No. 106 of 2011. (From the Judgment and Order dated the 18th day of March, 2010 passed by the High Court Division in Writ Petition No.4480 of 2009). Judgment Md. Abdul Wahhab Miah J. - This appeal, by leave, has arisen out of the judgment and order dated the 18t......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...

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

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

.... Present: 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........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.......................Respondents (In all the appeals) Judgment......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.......................Respondents (In all the appeals) Judgment Oc...... 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. ..

Category: Property Law | Date: | Hits: 67

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

.... Court Appellate Division (Civil) Present: Md. 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 Secreta...... 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 Rahman…………………………..Respondents Judgment December 11, 2011. ......ported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......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. ..

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