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Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139     ......on and Control) Ordinance, (Ordinance No. XLVI of 1961) 1961 Lawyers Involved: Taimur Alam Khondaker, Advocate in person—For the Petitioner. Titus Hillol Rema, Assistant Attorney-General—For the Respondent No. 6. Writ Petition No. 8987 of 2012. Judgment Fara......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139     ......urt Division (Special Original Jurisdiction) Present: Farah Mahbub J    Abdur Rob J Advocate Taimur Alam Khondaker.........................Petitioner Vs. Bangladesh and others...................Respondent Judgment November 29, 2012.  ..

Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6

AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)

.... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ......2012. Result: Both the Rules are disposed of. Lawyers Involved: Md. Khurshid Alam Khan with Sayem Murad, Advocates—For the Petitioners. SM Monintzzaman, Deputy Attorney-General with Pratikar Chakma, Assistant Attorney-General—For the Respondents. Writ Petiti...... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ...... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ..

Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2

Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)

....defend the suit (by filing written state­ment, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179       ......defend the suit (by filing written state­ment, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179       ......defend the suit (by filing written state­ment, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179       ......p; ..

Category: Administrative Law | Date: 28 Nov, 2012 | Hits: 5

Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)

....versity of Dhaka consisting of Professor Dr. Chowdhury Mahmud Hasan, Dean of the Faculty of Pharmacy, the University of Dhaka, Professor Dr. Abul Hasan, Botany Department and Mr. Mohammad Ershad Ali, Inspector of Colleges (in charge), University of Dhaka after completion of inspection submitted repo......of India Vs. M/s Kamdhenu Cattle Feed Industries (1993) 1 SCC 71 at page 76; Punjab Communications Ltd. Vs. Union of India (1999) 4 SCC 727. Lawyers Involved: MK Rahman, Additional Attorney-General, instruct­ed by Md. Ibrahim Khalil, Advocate-on-Record—For the Appellant. SM ......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255.     ...... Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and oth­ers.................Appellants Vs. Dr. Md. Nazrul Islam Bhuiyan and..

Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4

Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)

....we find no other alternative but to dis­miss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ....................Respondents (In Civil Appeal No.326 of 2008) Judgment November 28, 2012. Result: The appeal is dismissed. Lawyers Involved: Murad Reza, Additional Attorney General instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Appellants (In both cases......we find no other alternative but to dis­miss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ...... Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and others..............Appellants (in both cases) Vs. Hamento Kumar Barmon......

Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12

Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)

.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1.   ......d Bar Council Order, 1972 before the Tribunal No.1 stating, inter-alia, that after the disposal of the Objection Case No.235 of 1997 the complainant-appellant filed an application before the Director General, Land Records and Sujvey Department, Dhaka on 13.11.2000 making allegations against the resp......der. 5. In the complaint case complainant-appellant filed an application praying for calling for the records of objection case No. 235 of 1997 in respect of the property of Mouza Ramnagar within Police Station Dagonbhuiyan, District-Feni from the office of Assistant Settlement Officer, Dagonbhu......s disgraceful or dishonourable. The scope of "misconduct" is not restricted by technical interpretations of rules of conduct. The term 'misconduct' has not been defined in the Bangladesh Legal Practitioners and Bar Council Order, 1972 or the Rules framed thereunder. But misco..

Category: Others | Date: 28 Nov, 2012 | Hits: 23

Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)

....ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......8, Abdul Quader Vs. State 28 DLR (AD) 39, Nasiruddin Vs. Mamtazuddin Ahmed, 36 DLR AD 14. Lawyers Involved: M. Amirul Islam, Advocate-For the Petitioner Amit Talukder, Deputy Attorney General-For the State. Khurshed Alam Khan, Advocate-For the Anti Corruption Commission. ......udhury J. -The Rule under adjudication, issued on 17.10.2012 was in following terms: “Let a Rule be issued calling upon the opposite party to show cause as to why the proceedings of Ramna Police Station Case No. 22 dated 10.07.2008 corresponding to G. R. No. 359/2008 under section 26(2) ......dgment November 28, 2012. Result: The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Government of the Peoples Republic of Bangladesh, Bangladesh Secretariat, Ramna Dhaka and others, unreported, Writ Petition No.7245 of 200..

Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77

Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ......ondents Judgment November 28, 2012. Result: The Rule is discharged. Lawyers Involved: Md. Ozi Ullah, Advocate-for the petitioner. Goutam Kumer Roy, Deputy Attorney General with Ms. Jesmin Sultana Samsad, Assistant Attorney General-For the Respondent no. 1. Md......f an aspiring candidate for appointment as Nikah Registrar was issued to examine the legality of a panel of three candidates for granting license of Nikah Registrar for Kadla union area within Kachua Police Station of Chandpur District and forwarding the same to the Ministry of Law, Justice and Parl......urt High Court Division (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Mohammad Ullah Ashraf………......Petitioner Vs. Bangladesh and others…………...Respondents Judgment November 28, 2012. Result: ..

Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109

Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)

....ceeding is unwarranted 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) 41 ......SCC) 440 and State Vs. Ram Saran, 12 SCC 578. Lawyers Involved: Moudud Ahmed, Senior Advocate with AM Mahbub Uddin, AKM Ehsanur Rahman—For the Petitioner. Mahbubey Alam, Attorney-General, with Monjur Kader, Deputy Attorney-General Md.Monowar Hossain Khan, Deputy Attorney-General......;188 of the Code of Criminal Procedure, passed by the learned Special Judge, Court No. 3, Dhaka in Special Case No.17 of 2001 corresponding to ACC GR Case No.83 of 2009 arising out of Cantonment Police Station Case No. 08 dated 26-10-2009 under sections 2/4(2) of the Money Laundering ......ip;…….....................Opposite-parties Judgment November 27, 2012. Result: The application is summarily rejected. Cases Referred to- Tarique Rahman Vs. Bangladesh, 63 DLR (AD) 18; Pirjada Syed Shariatullah Vs.Bangladesh, 61 DLR 647; Sultana Jute Mills ..

Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5

Jamila Khatun Vs. State, 2012, 41 CLC (AD)

....m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ......m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ......y rejecting an application filed by her under section 561A of the Code of Criminal Procedure (the Code). 2. On 14-7-2007, one Hafizul Islam, son of Md. Wahed Mondal @ Ohid of village Nawpara, Police Station Mirpur as informant lodged a written First Information Report (FIR) with Bhernamara ......m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ..

Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9

Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)

....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ...... Tasiruddin, 13 DLR 203; Nalu Vs. State reported in 1 Apex Law Report’s (AD) 222. Lawyers Involved: Helal Uddin Mollah, Advocate- For the Petitioner. Md. Shohrowardi, Deputy Attorney General- For Respondents. Jail Petition No.15 of 2010. (From the judgment and order dated......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145

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

....lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......ferred to- Barium Chemicals Vs. CL Board, AIR 1967 SC 295. Lawyers Involved: Abdul Matin Khasru with Pankaj Kumar Kunda, Advocate-For the Petitioners. Biswajit Roy Deputy Attorney General with Amatul Karim Assistant Attorney General Advocates—For the Respondents. Writ ......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ...... Present: Hasan Foez Siddfque J ABM Altaf Hossain J  Fazlul Haque (Md.)…………………………Petitioners Vs. Bangladesh and others..................Respondents Judgment November 22, 2012. Result..

Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5

Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)

.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......4; Dr. Mohiuddin Farque Vs. Bangladesh, 49 DLR (AD) 1; Ekushe Television Vs. Bangladesh, 54 DLR (AD) 130; Brae Bank Vs. Bangladesh, 54 DLR (AD) 34. Lawyers Involved: Mahbubey Alam, Attorney-General instructed by B Hossain, Advocate-on-Record—For the Petitioners. Muzammel Haq, Se...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......vil) Present: Md. Muzarnmel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh & others .............Petitioners Vs. Md. Ghulam Mustafa and others…..

Category: Others | Date: 22 Nov, 2012 | Hits: 20

MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)

....conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ...... Abdul Baset Mojumder, Advocate with Khandaker Mahbub Hossain, Advocate and Sk Mohammad Ali, Advocate—For the Petitioner. MH Sarder, DAG with Gazi Md. Mamunur Rashid, Assistant Attorney-General Md. Asaduzzaman, Assistant Attorney-General—For the State. Criminal Miscellaneous......y the accused-petitioner for re-calling the Judgment and order dated 4-7-2012 passed by a Division Bench of this Court discharging the Rule. 3. At the instance of one Dilip Kumar Biswash Tejgaon Police Station Case No.14(1) 08, corresponding to GR No.18 of 2008 under Sections  420/465/467/......conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ..

Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2

Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....order as to cost. The order of stay granted earli­er by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ......ddin (Sk) Vs. Joint District Judge, Artha Rin Adalat No.3, Dhaka, 13 MLR (AD) 356. Lawyers Involved: Md. Sohel Rana, Advocate—For the Petitioner. SM Moniruzzaman, Deputy Attorney-General with Pratikar Chakma, Assistant Attorney-General— For the Respondents. Writ Petit......order as to cost. The order of stay granted earli­er by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ...... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Azizur Rahman (Md.).........................Petitioner Vs. Bangladesh and others... .............Respondents Judgment November 20, 2012. Result:..

Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8

Khorshed and another Vs. State, 2012, 41 CLC (HCD)

....bag and thrown away into a 'doba' at Garua Mouza at a distance of about 50/60 yards from Solia Mouza. On coming to know about the beheaded female dead body lying at Solia Mouza, the P.W.3 Sub-Inspector Md. Mainul Islam of Savar Police Station visited the spot, held an inquest on the beheaded......ar Uddin Al-Razi, Advocate appointed by the National Legal Aid Committee, Dhaka, Bangladesh— For the condemned-appellant (In Jail Appeal No.303 of 2007). Md. Khurshed Alam, Deputy Attorney-General with Delowar Hossain Somadder, Assistant Attorney-General and Mahmuda Parveen, Assistant Att......iction and sentence dated 03-04-2007 passed by Mr. SM Solaiman, Additional Sessions Judge, 6th Court, Dhaka in Sessions Case No.90 of 2001 arising out of GR Case No.668 of 2000 corresponding to Savar Police Station Case No.34 dated 27-9-2000. By the impugned judgment and order, the learned Additiona......ay be formed at the spot even on the spur of the moment............ (92) Cases Referred to- Madam Gopal Kakkad Vs. Naval Dubey, 3 SCC 204; State Vs. Rokeya Begum, 13 BLT 377= 10 BLC 687; Bangladesh Vs. Ashraf Ali, 46 DLR (AD) 241; Bandez Ali Vs. State, 40 DLR (AD) 200; Mohanlal Vs. Stat..

Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8

Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)

....e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77.   ......D) 100. Lawyers Involved: Masud R Sobhan with Fatema S Chowdhury, Mohammad Jamal Hossain and Raghib Rouf Chowdhury, Advocates—For the Petitioner. SM Moniruzzaman, Deputy Attorney-General with Pratikar Chakma, Assistant Attorney-General—For the Respondents Writ Petitio......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77.   ......ndents Judgment November 19, 2012. Result: The Rule is made absolute. Cases Referred to- Transcom Cables Ltd Vs.The Commissioner of Customs 2 TLR 571; ASS Enterprise Vs. Bangladesh 17 BLC 86; Russell Vegetable Oil Ltd Vs. Collector of Customs 52 DLR 382; LR Khan Vs. Cus..

Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6

Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......hin the scope of Ordinance 24 of 1970……………………………….(12) Lawyers Involved: Md. Zakir Hossain, Advocate-for the petitioner S M Quamrul Hasan, Assistant Attorney General (with leave of the Court)- for the respondents. Writ Petition No. 8854 of 2011. Ju......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......urt Division   (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Maleka Khatun………..................Petitioner Vs. Bangladesh and others ………...Respondents Judgment November 18, 2012. Result: ..

Category: Property Law | Date: 18 Nov, 2012 | Hits: 133

State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)

....in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......h Vs. State of Punjab, AIR 1956,SC 460; State of UP Vs. Sughar Singh, AIR 1978 SC 191; State of Uttar Pradesh Vs. Ram Kishun, AIR 1976 SC 2304. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by B Hossain, Advocate-on-Record—For the Appellant. Khandker Mahbub Hos......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..

Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21

State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)

.... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135.......gh Vs. State of Punjab, AIR 1956,SC 460; State of U.P. Vs. Sughar Singh, AIR 1978 SC 191;State of Uttar Pradesh Vs. Ram. Kishun, AIR 1976 SC 2304. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellant. Khandker Mahbub Hossa...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135....... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...

Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11