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State Vs. Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)

....y investigation start­ed thereon. The respondents being named accused avoided to surrender before the Chief Judicial Magistrate at Kishoregonj but has sur­rendered before the High Court Division at Dhaka apprehending that they may be arrested any physically humiliated and harassed by the police an...... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ..

Category: Others | Date: | Hits: 81

Anti-Corruption Commis­sion Vs. Sigma Huda and another, 2008, 37 CLC (AD)

....n Criminal Appeal No. 4813 of 2007 granting ad-interim bail to the respondent No. 1. 2. The facts, in short, are that the present respondent No.1 was put on trial before the Special Judge No.2, Dhaka who found the respondent guilty under sections 161/109 of the Penal Code and sen­tenced her ......ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ..

Category: Anti-Corruption Laws | Date: | Hits: 143

Anti-Corruption Commis­sion Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)

.... High Court Division in Writ Petition No.8601 of 2008 issuing Rule and making interim order staying all further proceedings of Special Case No.26 of 2008 pending before the Special Judge, Court No.9, Dhaka. 2. The respondent filed the aforesaid writ petition challenging the initiation and continu...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ..

Category: Anti-Corruption Laws | Date: | Hits: 186

University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)

....22, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129....... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129...

Category: Employment/Service Law | Date: | Hits: 68

Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)

....y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observa­tion as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......­toms duties (d) the customs officials acted illegally in giving direction to the respondents to declare value at a value which the authorities fixed at their level without notifying the same in the Gazette, (e) the National Board of Revenue, the appellant No. 2, as well as customs officials, are n..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......e Legislative Drafting Officers (Ministry of Law, Justice and Parliamentary Affairs) Recruitment Rules, 1998 vide S.R.O. No.১৫১ আইন/-ভেটিং-৩/৯৭ Published in the Bangladesh Gazette on 09.07.1998. The schedule of the said Rules provides for the posts of Additional Secretary..

Category: Constitutional Law | Date: | Hits: 207

Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

....er of mutation, Shihamul Haque preferred Misc. Appeal Case No. 13 of 1981 claiming title on the basis of deed of exchange (settlement) dated 16.061980 and the Additional Deputy Commissioner (Revenue) Dhaka, by order dated 12.01.1982, without at all giving any finding as to possession of the suit lan......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ..

Category: Property Law | Date: | Hits: 43

State Vs. Mirza Abbas, 2009, 38 CLC (AD)

....r section 25(B)(2) of the Special Powers Act read with rule 19 (Neo) of the Emergency Power Rules, 2007. 5. Thereafter, the case record was trans­mitted to the Metropolitan Special Tribunal No.1, Dhaka for trial and it was registered as Special Tribunal Case No. 544 of 2007. The said Tribunal by......ntained in the Code of Criminal Procedure, 1898, any offence punishable under this section shall be cognizable for such period as the Government may from time to time, by notification in the official Gazette, declare. (3) A Tribunal Shall not take cog­nizance of any offence punishable under this..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)

.... Roy Bahadur Karuna Das Bose have been managing the property of the deity as Sebayet and scheme for the proper management of the property was declared by decree passed by Subordinate Judge 1st Court, Dhaka in Title Suit No.56 of 1944 and since then the said property is being run by the Sebayet. The ......the above, we find in sub­stance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009...

Category: Tenancy Law | Date: | Hits: 214

Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)

....puty Commissioner, Mymensingh (defendant No.2) Additional Deputy Commissioner (vested and abandoned property) Mymensingh (defendant No.3) and Chairman, Board of Administration of the Vested Property, Dhaka (defendant No.4) made an attempt to sell out the suit land. 3. In 1984 the original plainti......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454...

Category: Limitation Law | Date: | Hits: 255

Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)

.....7315 of 2008. 2. The writ petitioner Dr. H.B.M Iqbal Alamgir instituted writ petition No.7315 of 2008, challenging the judgment and order dated 11th March, 2008, of the Special Judge, 1st Court, Dhaka, in Special Case No.19 of 2007, arising out of Gulshan Police Station Case No.62 dated 25th Ju......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ..

Category: Anti-Corruption Laws | Date: | Hits: 211

M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)

....Islam J Md. Abdul Matin J M/s International Trade Promotors…………………......Petitioners Vs. The Judge, Artha Rin Adalat No. 1 Dhaka and others………..Respondents Judgment July 2, 2008. La......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 306. ..

Category: Civil Law | Date: | Hits: 191

M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)

....1999 discharging the Rule. 2. The facts of the writ petition are that the petitioner opened Letter of Credit No.11/ WF/151899 dated 09.09.1999 through Pubali Bank Limited, Sadarghat Branch, Dhaka for import of 17,500 metric tons of 'Seven Rings' brand ordinary Grey Portland Cement of Ind...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ..

Category: Fiscal/Taxation Law | Date: | Hits: 112

Joynul Karim & others Vs. State, 2009, 38 CLC (AD)

.... the Code of Criminal Procedure for quashment of the proceeding of C.R. Case No. 359 of 2002 under section 138 of the Negotiable Instrument Act, 1881 pending before the Chief Metropolitan Magistrate, Dhaka, which was registered as Miscellaneous Case No. 7287 of 2005. 4. The C.R. Case No. 359 of 2......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ..

Category: Criminal Law | Date: | Hits: 163

Md. Altaf Hossain and others Vs. State, 2009, 38 CLC (AD)

....ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ......d at no stage of the proceeding a warrant of arrest order of attachment was served upon him. It is the principle of law that a trial in absentia can be held upon exhausting the provision regarding Gazette Notification and publication to that effect in a Bengali Newspaper as required to be made i..

Category: Criminal Law | Date: | Hits: 126

Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)

....rimari-Parbotipur Section; that 11 persons collected tender schedule but only two organizations submitted the tender namely, Islam Ship Builders and Heavy Engineering 60, Dilkusha Commercial Area, Dhaka and Banna Enterprise, Bambandanga Gabindha; that on 17.7.2002 standing committee sat in a mee......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ..

Category: Civil Law | Date: | Hits: 149

Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)

....ench of the High Court Division in Civil Revision No.1431 of 2008 discharging the rule. 2. The respondent as plaintiff filed Title Suit No. 225 of 2001 in the First Court of Assistant Judge, Dhaka and it was subsequently renumbered as Title Suit No. 92 of 2003 on transfer in the Second Co...... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ..

Category: Employment/Service Law | Date: | Hits: 104

Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)

....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......h is being considered by this Court and the same is an amendment to Jaruri Khamata Bidhimala (Emergency Powers Rules) 2007 namely the said rules made by S.R.O. 30-Ain/2007 published in the Bangladesh Gazette on March 21, 2007 and the relevant part of the said legislation reads as under: 19. Prov..

Category: Criminal Law | Date: | Hits: 101

M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)

....on discharging the Rule. 2. The Writ Petition No.8047 of 2005 arises against the impugned order No.44 dated 25.10.2005 passed in Artha Rin Case No.86 of 2005 by the learned Artha Rin Adalat, Dhaka, rejecting the applica­tion filed under Sections 12(2) and 51 of the Artha Rin Adalat Ain...... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ..

Category: Civil Law | Date: | Hits: 152

Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)

..... ......­ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ..

Category: Property Law | Date: | Hits: 106