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Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

.... victim and in case of death of a person to his nearest relation……………………………………………………………………………(28) Cases Referred to-  DK Basu Vs. State of West Bengal, (1997) 1 Supreme Court Cases 416; AIR 1977 SC 610 (1991) 2; Supreme Court Case......ial Original Jurisdiction)  Present:   Md. Hamidul Haque J   Salma Masud Chowdhury J  Bangladesh Legal Aid and Services Trust (BLAST) and others………Petitioners Vs. Bangladesh and others ………………..Respondents Judgment  April 7, 2003. ......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ..

Category: Constitutional Law | Date: | Hits: 137

State Vs. Shahin and others, 2009, 38 CLC (AD)

....) (2010) 140. ......e Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J State.....................Petitioner Vs. Shahin and others...... ............Respondent Judgment April 27, 2009. ......nd 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: 15 BLC (AD) (2010) 140. ......nd 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: 15 BLC (AD) (2010) 140. ..

Category: Others | Date: | Hits: 93

Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)

....lished connection between them and the lot in ques­tion. The High Court Division further observed that no rent was paid by Shashi Bhushan or his wife, the owner of plot No. 25 at any time before the State Acquisition came into force, that thereafter the rent for the said lands were paid by one Pati......R (AD) (2010) 242. ......is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ..

Category: Tenancy Law | Date: | Hits: 174

Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)

....te Division (Criminal) Present: Md. Fazlul Karim CJ MA Matin J ABM Khairul Haque J SK Sinha J Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4).........Appellant Vs. State and another…………………Respondents Judgment April 4, 2010. The Code of Crimi......Appellate Division (Criminal) Present: Md. Fazlul Karim CJ MA Matin J ABM Khairul Haque J SK Sinha J Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4).........Appellant Vs. State and another…………………Respondents Judgment April 4, 2010. The Code o...... (AD) 38; Akhtar Hossain Khan vs State, 29 DLR (SC) 101; Mofazzal Hossain Mollah vs State, 45 DLR (AD) 175; TS Baliah vs TS Rangachari, AIR 1969 (SC) 701; Md Nizamuddiii vs State, 30 DLR 49(FB); Abul Kalam Khan vs Riza Morshed, 5 BLC 2000; State of Delhi vs Cyan Devi, AIR 2001 SC 40; Amar Chand Agar......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ..

Category: Anti-Corruption Laws | Date: | Hits: 195

State Vs. Azizul Haque, 2008, 37 CLC (AD)

....pellate Division (Criminal) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J The State……………………….Petitioner Vs. Azizul Haque ...............Respondent...... MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J The State……………………….Petitioner Vs. Azizul Haque ...............Respondent Judgment November 23, 2008. L......failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ......failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ..

Category: Others | Date: | Hits: 63

Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)

....minal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Sohel alias Sanaullah alias Sohel Sanaullah…………...Petitioner Vs. The State repre­sented by the Deputy Commissioner, Dhaka ............Respondent Order Jul......ion (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Sohel alias Sanaullah alias Sohel Sanaullah…………...Petitioner Vs. The State repre­sented by the Deputy Commissioner, Dhaka ............Respondent O....... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court,  Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ....... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court,  Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ..

Category: Others | Date: | Hits: 83

Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)

....Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another……….Petitioners Vs. The State and another..........Respondents Judgment March 8, 2009. Lawyers Involved......iminal) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another……….Petitioners Vs. The State and another..........Respondents Judgment March 8, 2009. L...... the judgment and order of the High Court Division calling for interference by this Court and accord­ingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ......f the learned Senior Special Judge, Barisal against the petitioners and 3 others alleging, inter-alia, that accused-peti­tioners are his cousin (Mamato Bhai). His maternal grandfather Md. Shamsuddin Talukder has multistoried building in Hatkhola and Kawnia at Barisal Town and also had Pharmaceutica..

Category: Others | Date: | Hits: 82

Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)

....ge-in charge of Boalkhali Upazila Court, Chittagong in Miscellaneous Case No.1 of 2004(Preemption). 2. Respondent Nos.1 and another institut­ed the case for preemption under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-emption of the case land claiming as co-sharers as w......ate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J SK Sinha J Mohammad Mujibul Hoque ......Petitioner Vs. Shamsul Alam and others……..Respondents Judgment January 5, 2010. ......tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ......tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ..

Category: Property Law | Date: | Hits: 21

Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)

....hat the local people were not aware about the wrong recording of S.A. Khatian. So they could not file any objection; that in 1970 the local people filed a Miscellaneous Case under Section 143A of the State Acquisition and Tenancy Act for correction of the S.A. Khatian in the Court of the Munsif, 3rd...... Appellate Division (Civil) Present: MM Ruhul Amin CJ BK Das J Md. Muammel Hossain J Narendra Chandra Das and another…………….Appellants Vs. Sree Sree Gopal Bigraha and another……….Respondents Judgment July 22,......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ..

Category: Property Law | Date: | Hits: 29

S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)

....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......l Aziz J Md. Muzammel Hossain J S. M. Hossain………..Appellant (In Civil Appeal No. 178 of 2002) Dilruba Khanam and others………….Petitioners (In Civil Appeal Nos. 94-95 of 2005) Vs. Lahazuddin and others……………Respondents (In Civil Appeal No. 178 of 2002) S. M. Ho......il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ..

Category: Tenancy Law | Date: | Hits: 185

Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers, 2009, 38 CLC (AD)

.... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ......ion (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Janata Bank...........Appellant (all the cases) Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers………..Respondents M/S. Beau...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ..

Category: Banking Law | Date: | Hits: 98

Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)

.... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 197....... Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Tanvir Ul Islam……………Petitioner (In all cases) Vs. General Manger, Credit Information Bureau, Bangladesh Bank, Motijheel Commercial Area, Dh...... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 197....... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 197...

Category: Business or Commercial Law | Date: | Hits: 216

Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....t the lease as prayed for. In such view of the matter we find no substance in this petition which is accord­ingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ...... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Anath Chandra Barman………………Petitioner Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Land, Bangladesh Se......t the lease as prayed for. In such view of the matter we find no substance in this petition which is accord­ingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ........Respondents Judgment November 8, 2009. Lawyers Involved: Dr. A. K. Ali, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Nazrul Islam Talukder, Advocate instructed by Firuzur Rahman, Advocate-on-Record-For the Respondents. Civi..

Category: Property Law | Date: | Hits: 26

Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)

....Court reject­ing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ...... Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Md. Fazlul Haque……………………………....Petitioner Vs. Abdul Malek alias Maya Miah and another…….......Respondents Judgment N......Court reject­ing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......Court reject­ing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ..

Category: Property Law | Date: | Hits: 29

Department of Narcotics Control Dhaka and another Vs. Crown Beverage Ltd. and another, 2008, 37 CLC (AD)

....nks and held as under:- "If the petitioners are allowed to carry on with their business in manufactur­ing and marketing the said products that would substantially contribute to the economy of the State. Such drinks e.g., beers would not be required to be imported by spending valuable for­eign e...... Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J Department of Narcotics Control Dhaka and another ...........Appellants Vs. Crown Beverage Ltd. and another ...........Respondent Judgment December 2, 2008. La......the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132.......the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132...

Category: Others | Date: | Hits: 144

National Board of Revenue Vs. Intertek Testing Services International Ltd. and another, 2005, 34 CLC (AD)

....ion Vs. Henry B. Wright, 1980 Appeal Cases Vol. V (PC) 842; Megh Raj Vs. Ruchand Uttanm Chand, AIR 1946 Lahore, 280 (FB); Mrs. Momtaz Begum Vs. Taxim Officer PLD 1969, Dhaka, 803; A. V. Fernandez Vs. State of Kerala, AIR 1957 SC, 657;Haji Ghulam Zamin and Abul Hossain Vs. A. B. Khondkar and others 1...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J National Board of Revenue, represented by it’s by its Chairman, Segunbagicha, Dhaka and others......Appellants (In all the cases) Vs. Intertek Testing Services International Ltd. and another.......Respondents (In Civil Appeal N......und of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed without any order as to cost. Ed. This Case is also Reported in:VII ADC (2010) 25. ......und of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed without any order as to cost. Ed. This Case is also Reported in:VII ADC (2010) 25. ..

Category: Fiscal/Taxation Law | Date: | Hits: 95

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

....s also Reported in: 15 BLC (AD) (2010) 111. ......reme Court Appellate Division (Criminal) Present: Md. Fazlul Karim CJ BK Das J ABM Khairul Haque J State........................Petitioners Vs. Haque alias Abdul Hoque and others.......Respondent Order February 24, 201...... 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. ...... 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

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. ......sion (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Collector of Customs and others..............Appellants Vs. TK Oil Refinery Ltd. and 22 others...........Respondents Judgment May 14, 2009......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. ......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. ..

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)

....ice. They have, therefore, a special interest in preserving the integrity and independence of the judicial system and if the integrity or independence of the judiciary is threatened by any act of the State or any public authority, they would naturally be concerned about it, because they are equal pa...... J Surendra Kumar Sinha J Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008). Kazi Habibul Awal............Appellant (In Civil Appeal No.112 of 2008). Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another……...Respondents (In both......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. ......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. ..

Category: Constitutional Law | Date: | Hits: 207

Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)

....Miscellaneous Case No. 47 of 2003 (Pre-emption) by the Joint District Judge, 1st Court, Moulvibazar. 4. The aforesaid miscellaneous case arises out of application filed under section 96 of the State Acquisition and Tenancy Act in the Court of Subordinate Judge, 2nd Court, Moulvibazar, registe...... Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Md. Chan Miah......................Petitioner. Vs. Md. Dabirul Islam Khan @ Muku Miah & Others....................Respondents. Ju....... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26........ 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26...

Category: Property Law | Date: | Hits: 63