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Md. Mozaffor Hossen and another Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....dditional time. If the application is found tenable the said Director may extend another 15 working days. The Commission, however, under rule 10(3) shall also appoint an officer not below the rank of Deputy Director to look into whether the Investigating Officer is discharging his duties properly. U......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ...... This Case is also Reported in: ......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23

Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)

....d of rights, paid rent to the Government, allotted plots to its members and some of the allotees had constructed residential houses with prior approval of RAJUK. Subsequently at the instance of the Deputy Commissioner, Dhaka, Miscellaneous Case No.2103 of 1995 was started as per Rule, 42 (Ka) of ......nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33.  ......sent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others ............Appellants Vs. Mir Md. Imam Hossain…………………………...... Mir Md. Imam Hossain………………………….Respondent Judgment July 17, 2012. Result: The appeal is dismissed. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellants. Abdur Rob Chowdhur..

Category: Property Law | Date: 17 Jul, 2012 | Hits: 8

Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)

....e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J  Aysha Siddiqua ..............................Petitioner Vs. Fazilatunnesa and other...................Respondents Judgment  July 15, 2012.  Result: ......oners and oth­ers for declaration and mandatory injunction. The plaint case, in short, was that the Banachhaya Mahila Kallayan Samity was a Women Welfare Organization. The plaintiff was the first General Secretary and coordinator of the said samity since its incorporation in 1989. The said samit..

Category: Others | Date: 15 Jul, 2012 | Hits: 6

Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)

....t: Leave is granted. Cases Referred to- Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Bangladesh Vs. Safiuddin and others, 3 BLC (AD) 6. Lawyers Involved: Rajik-al-Jalil Deputy Attorney General, instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record—For the Pe......ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ......ltana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh, repre­sented by the Secretary, Finance Division, Ministry of Finance, Bangladesh Secretariat, Dhaka and others..........Petitioners Vs. A.T.M. Abdul Matin......................................... granted. Cases Referred to- Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Bangladesh Vs. Safiuddin and others, 3 BLC (AD) 6. Lawyers Involved: Rajik-al-Jalil Deputy Attorney General, instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record—For the Petitioners. N..

Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4

Marsu Ltd and another Vs. Waliullah, FCA, Partner of M/s. Malek Siddique Wali Chartered Accountant and Receiver of Marsu Ltd, 2012, 41 CLC (HCD)

....is acquitted from the charges brought against him. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ......is acquitted from the charges brought against him. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ......d in: 65 DLR (HCD) (2013) 237       ......s Referred to- Pakistan, Ministry of Law Vs. Judges of West Pakistan, Lahore, 16 DLR (SC) 535; Raizuddin Khan (Md.) Vs.Mahmudur Rahman, 16 MLR (AD) 61 = 63 DLR (AD) 29; Shahidul Haque, Inspector General of Police Vs.State, 58 DLR (AD) 150; Shukh Dev Sing Vs.Teja Sing, AIR 1954 SC 186 ; Moazzem ..

Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5

Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)

....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......igh Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Ancient Traders Limited, Facy Building (2nd Floor), 87 Agrabad C/A, Chittagong-4100 and others……………………………Petitioner Vs. Chittagong Port Atuthority, Ban......d Container), 2001” (in short, the Regulations) published in gazette on 21.01.2002. 4. It has been stated that previously the loading and discharging of vessels at CP were regulated by the General Rules and Schedules for Working of the Chittagong Port (Railway) Jetties, 1958, under which..

Category: Others | Date: 21 Jun, 2012 | Hits: 20

Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)

.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...... can not be based solely on co-accused’s confession It is settled law that conviction can not be based solely upon the confession made by a co-accused as against the non-confessing accused and there is nothing to disagree with this settled position of law.......... (17) Confession, n......ati Vs. NCT Delhi, AIR 2001 SC 1444; Nishar Ahmed Vs. State PLD 1971 SC 174. Lawyers Involved: Md. Amanul Karim, Advocate—For the Petitioners. Sharmina Haque, Assistant Attorney General—For the State. Criminal Miscellaneous No.19132 of 2012. Judgment AKM Fa..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10

Government of the People’s Republic of Bangladesh Vs. Orex Network Limited and others, 2012, 41 CLC (AD)

....al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs. Ed. This Case is also Reported in: ......al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs. Ed. This Case is also Reported in: ......a J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Md. Shamsul Huda J The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka..................Appellant Vs. Orex Networ......nt and another, 3 BLC (AD) 42; Bangladesh represented by the Secretary, Ministry of Works Vs. Md. Jalil and others, (1997) 49 DLR (AD) 26. Lawyers Involved: Murad Reza, Additional Attorney General (with Sheikh Shaifuzzaman, Assistant Attorney General), instructed by Mrs. Sufia Khatun, Adv..

Category: Property Law | Date: 20 Jun, 2012 | Hits: 94

Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)

....exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148   ......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148   ......has always , True to Form, Stepped in to Mitigate the Rigours of Strict Law- The doctrine of promissory estoppel has been variously called 'equitable estoppel', 'quasi estoppel' and 'new estoppel'. It is a principle evolved by equity to avoid injustice and through commo......ndon Property Trust Ltd. Vs. High Trees House Ltd. (1956) 1 All ER 26 Lawyers Involved: Md. Mutahar Hossain, Advocate—For the Petitioner. Dr. Md. Bashir Ullah, Assistant Attorney-General with Nusrat Jahan, Assistant Attorney-General—For the Respondent. Writ Petition N..

Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3

Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)

....ended till 30th July,2012 or till publication of the election result in the offi­cial Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70.  ......ended till 30th July,2012 or till publication of the election result in the offi­cial Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70.  ......b Mian J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J  Secretary, Bangladesh Bar Council............Petitioner Vs. AFM Faiz and others................Respondents Judgment June 18, 2012. Result: All the c......ended till 30th July,2012 or till publication of the election result in the offi­cial Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70.  ..

Category: Others | Date: 18 Jun, 2012 | Hits: 7

Government of the People's Republic of Bangladesh and others Vs. Md. Harun-or-Rashid and others, 2012, 41 CLC (AD)

....is for absorption in the revenue budget by phases if they have requi­site qualifications subject to availabil­ity of vacancies according to their seniority. Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General, instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Appellants. ......ment of the High Court Division is accordingly modified and the appeal is disposed of in the light of the above observations. No costs. Ed. This Case is also Reported in: 9 ADC (2012) 740. ......tana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance, Finance Division, Bangladesh Secretariat and others........Appellants Vs. Md. Harun-or-Rashid and others.....................................n in the revenue budget by phases if they have requi­site qualifications subject to availabil­ity of vacancies according to their seniority. Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General, instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Appellants. Syed Amirul I..

Category: Employment/Service Law | Date: 18 Jun, 2012 | Hits: 130

Government of Bangladesh and others Vs. Md. Mizanur Rahman (Mizan), 2012, 41 CLC (AD)

....an)..............................................................Respondent Judgment June 17, 2012. Result: The leave is granted. Lawyers Involved: Karunamoy Chakma, Deputy Attorney General instructed by Gias Uddin Ahmed, Advocate-on-Record—For the Petitioners. ...... limitation holding that no specific reason was stated." Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 846. ......bdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Md. Shamsul Huda J The Government of the People's Republic of Bangladesh, rep­resented by Ministry of Finance and Planning, Bangladesh Secretariat, Ramna, Dhaka and others.............Petitioners Vs. .......................................................Respondent Judgment June 17, 2012. Result: The leave is granted. Lawyers Involved: Karunamoy Chakma, Deputy Attorney General instructed by Gias Uddin Ahmed, Advocate-on-Record—For the Petitioners. Not represen..

Category: Limitation Law | Date: 17 Jun, 2012 | Hits: 9

Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)

....Bench of the High Court Division in Criminal Miscellaneous Case No.10454 of 2008 discharging the Rule. 2. Facts necessary for disposal of this leave petition are that one Md. Abul Kalam Azad, Deputy Director, Durnity Daman Commission, on 18-12-2007, lodged a First Information Report (FIR) a......controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner. None represented—For the Respondent. Criminal Petition for Leave to Appeal No.202 of 2009. (From the judgment and order dated the 12th day of March, 2009 passed by the High Court Division in Criminal Miscellan......controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ..

Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10

Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)

....ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ......ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ......ad Imman Ali J Md. Shamsul Huda J Kazim Uddin (Md.).......................Petitioner Vs. Government of Bangladesh, repre­sented by the Secre­tary, Ministry of Home Affairs and others.....................Respondents Judgment June 11, 2012. Result: The......fairs and others.....................Respondents Judgment June 11, 2012. Result: The petitions are disposed of. Cases Referred to- Shaikh Mustainul Haque Vs. Inspector General of Police, 47 DLR (AD) 157. Lawyers Involved: Azizul Hoq, Advocate, instructed by ..

Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390

Secretary, Ministry of Land, People's Republic of Bangladesh and others Vs. Saiful Islam Chowdhury and others, 2012, 41 CLC (AD)

.... Vs. Saiful Islam Chowdhury and others........................Respondents Judgment June 7, 2012. Result: Appeal is dismissed. Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate-on-Record—For the Petitioners. ...... view of the above, it is evident, that there is no merit in this Civil Petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 832. ......n (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Md. Shamsul Huda J Secretary, Ministry of Land, People's Republic of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka and others.................... Islam Chowdhury and others........................Respondents Judgment June 7, 2012. Result: Appeal is dismissed. Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate-on-Record—For the Petitioners. Mustafa Nia..

Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5

Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

.... of the 9th Parliament for Tangail-5 Constituency held on 29-12-2008, the appellant-petitioner and respondent Nos.1-4 were the contesting candidates. At the initial stage of the election process, the Deputy Commissioner, Tangail acting as Returning Officer received objections and information about d...... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ......Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md. Shamsul Huda J Abul Kashem.... .........................Petitioner Vs. Major General Mahmudul Hasan (Rtd.) and others……......Respondents Judgment June 5, 2012. Result: The...... Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md. Shamsul Huda J Abul Kashem.... .........................Petitioner Vs. Major General Mahmudul Hasan (Rtd.) and others……......Respondents Judgment June 5..

Category: Election Law | Date: 5 Jun, 2012 | Hits: 217

Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)

....sain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Mofizur Rahman…………………………………………………….Petitioner Vs. The State, repre­sented by the Deputy Commissioner, Chittagong and another..............................................Respondents......n have dis­charged the rule on assigning proper rea­sons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ......J Md. Shamsul Huda J Md. Mofizur Rahman…………………………………………………….Petitioner Vs. The State, repre­sented by the Deputy Commissioner, Chittagong and another..............................................Respondents Judgment June 4, 2012......n have dis­charged the rule on assigning proper rea­sons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ..

Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40

Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....ne products on commission basis under dealership agreements. The assessee filed its income tax return for the assessment year 1998-1999 showing its income at a net loss of Taka 3,12,93,506 before the Deputy Commis­sioner of Taxes, Company Circle -7, Taxes Zone-3, Dhaka ( hereinafter referred to ......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241   ..............................Respondent Judgment June 3, 2012. Result: All the questions raised in the reference applications are decided in the affirmative in favour of the Department and against assessee. Case Referred To— Md. Yasin Miah and others Vs. Bangladesh and......questions formulated in the Reference application are liable to be answered in the negative in favour of the assessee-applicant. 9. In reply, Mr. Abdur Rahim Bhuiyan, the learned Deputy-Attorney-General appearing for the respondent (department) with the leave of the Court invites our attention ..

Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4

Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)

.... = 9 BLC (AD) 125; Fahima Nasrin Vs. Government of Bangladesh, 61 DLR 232; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72; Amit Das Vs. State of Bihar, 2000 (5) SCC 488; Bablu (supra) and State Vs. Deputy Commissioner Satkhira (supra); Hasina Begum Vs. State and another, 1 BLC 3IS; Prafullah Kamal......000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......ossain CJ Surendra Kumar Sinha J Abdul Wahhab Mian J Naztnun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Mehedi Hasan @ Modern (Md.) and others…….............Appellants Vs. State………&hellip...... Khandaker Mahbub Hossain, Senior Advocate with Khurshid Alam Khan, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Appellants. Rajik-al-Jalil, Deputy Attorney-General instructed by Sufia Khatun, Advocate-on-Record—For the Respondent. Criminal Appea..

Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30

PHP Float Glass Industries Ltd Vs. Commissioner Customs, Excise and VAT and others, 2012, 41 CLC (HCD)

.... from the date of receipt of a certi­fied copy of this judgment and order. Communicate this judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 478 ...... from the date of receipt of a certi­fied copy of this judgment and order. Communicate this judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 478 ......Jurisdiction) Present: Syed Refaat Ahmed J Md. Akram Hossain Chowdhury J PHP Float Glass Industries Ltd......................Petitioner Vs. Commissioner Customs, Excise and VAT and others.......Respondents Judgment May 30, 2012. Result: The rule is ......d Commissioner of Customs, Excise and VAT Vs. Customs Excise and VAT Appellate Tribunal, 8 BLC 329. Lawyers Involved: MA Hannan—For the Petitioner. Israt Jahan Assistant Attorney-General—For the Respondents. Writ Petition No. 3063 of 2007. Judgment Md. Akram..

Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3