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Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....nt April 4, 2013 Result: The Rule is disposed of. Cases Referred to- Sayed Ahmed Vs. the 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)......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ......e 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 further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposa......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....ocate—For the Respondent. Writ Petition No.5799 of 2008 Judgment Farah Mahbub J.— In this Rule, issued under Article 102 of the Constitution of the Peoples Republic of Bangladesh, the respondents have been called upon to show cause as to why the proceedings of Double ......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 ......by the Appellate Division as such, this Rule is liable to be knocked down as being not maintainable. 5. In the result, this Rule is discharged as being not maintainable. 6. There will be no order as to cost. However, the respective petitioner is hereby directed to starrender before th......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 ..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
....rit 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. ...... 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. ......olved: Md. Helal Uddin Mollah, Advocate-For the Petitioner. Momtaz Uddin Fakir, Additional-Attorney-General-For the Respondent. Jail Appeal No.3 of 2007. (From the judgment and order dated 21st November, 2005 passed by the High Court Division in Death Reference No.105 of 200...... 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. ..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
.... This Case is also Reported in: 65 DLR (HCD) (2013) 181 ......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 ......orruption Act, 1947. 2. In fact, all these Rules under article 102 (2)(a)(ii) of the Constitution of the People's Republic of Bangladesh filed by the accused-petitioners challenging the order of sanction for prosecution of the accused-persons in ACG GR Case No. 25 of 2007 arising ......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 ..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)
...., Dhaka in Civil Revision No. 242 of 2009 reversing those of dated 19-7-2009 passed by the learned Joint District Judge, 1st Court, Dhaka in Title Suit No. 323 of 1999 is illegal. 2. The facts leading to the issuance to the leave in a nutshell; can be stated thus, the plaintiff-petitioner filed......pugned judgment and order the plaintiff-opposite-party-petitioner has preferred this revisional application under section 115(4) of the Code of Civil Procedure and obtained the order of leave with an interim order of stay. 7. During hearing of this revisional application Mr. Abdul Quayum, ......ureshi .............Plaintiff-Opposite Party-Petitioner Vs. Dr. Ali Asker Qureshi..................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. ...... 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 ..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....essed in aid when the policy or practice on which the expectation is based is ultra vires. (iii) Substantive protection of legitimate expectation will generally require that the promise is made to a small group and a general announcement of policy to a large group is unlikely to be pre......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. ......taken in 1988 without an interview, there was no legitimate expectation of an interview in 1988 as the circumstances then were quite different. (vii) Legitimate expectations are enforced in order to achieve fairness. Thus where it was argued that a previous practice of giving an oral heari......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. ..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....r dated 10th April, 2000 passed by the High Court Division in Death Reference Case No.9 of 1996 with Criminal Appeal No.839 of 1996) Judgment Muhammad Imman Ali. - This criminal appeal, by leave, is directed against the judgment and order dated 10-......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......dash;For Respondent. Criminal Appeal No.32 of 2002. (From the judgment and order dated 10th April, 2000 passed by the High Court Division in Death Reference Case No.9 of......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
....l Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Mostafa………………………………………â...... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......uhammad Nawab Ali, Advocate-on-Record-For the Petitioner Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1030 of 2009 (From the judgment and order dated 13th January, 2009 passed by the High Court Division in Civil Revision No.2987 of 2004) ...... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
....
This Case is also Reported in: 67 DLR (HCD) (2015) 146
......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
.......— On an application under Article 102 of the Constitution of the People's Republic of Bangladesh this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order No.11 dated 20-1-2011 passed by the learned Judge of the Artha Rin Adalat No.1, Chittagong in ......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
..
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....iah J. - I agree. Ed. This Case is also Reported in: ......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ...... 10.05.1997 for purchase of a Frigate. Subsequently, nine bidders submitted 24 bids in response to the said tender. BOMETEC PLA of China became the lowest bidder at U.S. $ 68.00 Million, but the work order was issued for an unproven design Frigate, in favour of the 4th lowest bidder Daewoo Corporati......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
.... (HCD) (2013) 189 ......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 ......ey General for the opposite-party and careful examined the FIR, seizure list, charge-sheet, the statements of the witnesses recorded under section 161 of the Code of criminal Procedure, and orders passed by the learned Judicial magistrate concerned on different dates annexed with the ......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 ..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
.... 135; F Edridge Vs. RD Sethna, 60 IA 368; Jamshed Khodaram Irani Vs. Burjoriji Dhunjibhai, AIR 1915 PC 83; Abdul Hamid Vs. Abbas Bhai A Hossain, 14 DLR (SC) 24; Gomathinayagam Pillai Vs. Palaniswami Nadar, AIR 1967 SC 868; Gobind Prasad Vs. Hari Dutt, AIR 1977 SC 1005; Paul Couvreur VMG Shapiro, AIR......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. ......th Lutfur Rahman Mondal and Sheikh Mohammad Morshed, Advocates) instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Appeal No. 53 of 2011. (From the judgment and order dated 3-8-2010 passed by the High Court Division on First Appeal No.281 of 2008.) Judgmen......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. ..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries CorporaÂtion and others, 2013, 42 CLC (AD)
....2013) 161. ......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. ......titioner. MA Samad, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.550 of 2010. (From the judgment and order dated 18-8-2009 passed by the High Court Division in Writ Petition No.4806 of 2004). Judg......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. ..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....t Division (Civil Revisional Jurisdiction) Present: Soumendra Sarker J Shamir Chandra Sajwal and others.........Plaintiff-Respondent-Petitioners Vs. Government of Bangladesh..................Defendant-Appellant Opposite party Judgment February 13, 201......ied with the impugned judgment and decree the plaintiff-respondent-petitioners preferred this revisional application under section 115(1) of the Code of Civil Procedure and obtained this Rule with an interim order of status quo. 7. Mr. Tapan Kumar Chakraborty with Mr. Swapan Kumar Dutta, the le...... of 2009 allowing the appeal and setting-aside those dated 19-4-2009 passed by the learned Assistant Judge, Muladi, Barisal in Title Suit No.106 of 2005 should not be set-aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. The facts leading......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. ..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
....mmission Rules, 2007 Rule 10, which requires submission of police report within a stipulated period of 60 days is directory in nature......(9) Rule 17 Rule 17 of the Bidhimala, has already empowered a Deputy Director of the Commission to issue an order under section 26 of the Anti-Cor......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. ......f police report within a stipulated period of 60 days is directory in nature......(9) Rule 17 Rule 17 of the Bidhimala, has already empowered a Deputy Director of the Commission to issue an order under section 26 of the Anti-Corruption Commission Act, 2004........ (9) Cases Referred t......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. ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....orted in: 65 DLR (HCD) (2013) 539 ......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 ......Bazar Pourashava should not be declared without lawful authority and is of no legal effect as it alleged to have been in violation of Section 32(1 )(Ja) of Act 52 of 2009 and/or such other or further order or orders passed as to this court may seem fit and proper." 2. While issuance of the......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 ..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)
....Hasnain J. - I agree. Ed. This Case is also Reported in: ......hi No.52/AP/Section-1/04-05 [annexure-A(1)], and seeking direction for levying customs duties and taxes of the goods on the basis of commercial invoices. 2. At the time of issuance of the Rule, an interim order was passed to allow the petitioner to release the goods on payment of duties on the ba...... Assistant Attorney General-For respondent No.1. Writ Petition No.4251 of 2004. Judgments Md. Ruhul Quddus J.-This rule nisi at the instance of an importer was issued calling in question the order dated 03.06.2004 of the Customs authority passed in nothi No.S-2/69/ Misc./AP/Section-1/2003-2......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: ..Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... State and another..........................Opposite-Parties Judgment January 24, 2013. Result: The Rule is discharged. Cases Referred to- People's Republic of Bangladesh Vs. Shahadat Hossain, 16 BLT (AD) 183, Mustafizur Rahman Vs. DG Anti-Corruption, 49 DLR 599, S...... 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 ......on 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 such other or further order or orders as to this Court may seem fit and proper. 2. It stands out from the record of t...... the accused-petitioner under section 4(2) of the Anti-Corruption Act, 1957. 4. It appears from the application that the accused-petitioner voluntarily surrendered before this Court and obtained anticipatory bail from this Court in Criminal Miscellaneous Case No. 5412 of 1998 on 24-8-1998. ..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....lip;…………………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 re......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. ......ion Case No.2 dated 1-2-2009 under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004, now pending in the Court of Special Judge, Bogra, should not be quashed and/or pass such other order or orders as to this Court may seem fit and proper. 2. At the time issuance of the Rule, ......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)
....ip;…………...........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 (AD),......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. ......m part of the main application. 34. By filing this application under section 10(1) (a) of the Criminal Law Amendment Act, 1958 the accused-petitioner has challenged the legality of the order dated 18-10-2012 passed by the learned Special Judge, Special Court No. 3, Dhaka in Special Ca......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
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