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National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)

....victims. The appeals are, therefore, allowed without any order as to costs with the above observa­tions. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ...... above observa­tions. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......b Miah J   Nazmun Ara Sultana J   Syed Mahmud Hossain J Md. lmman Ali J Shamsul Huda J National Board of Revenue........... .........Appellants Vs. Abu Saeed Khan and others………………….......Respondents Judgment Au......victims. The appeals are, therefore, allowed without any order as to costs with the above observa­tions. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ..

Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27

Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......ation of India Limited, 14 SCC 680; 4 ALR 74 (SC) and Bangladesh telecom (Pvt) Ltd Vs. BTTB reported in 48 DLR (AD) 20. Lawyers Involved: Ahsanul Karim, with Khairul Alam Chowdhury, Tanveer Hossain Khan, Shamim Ahmed Mehedi. Advocates—For the Petitioner Tofailur Rahman, with Umm......ion) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Energy Prima Ltd……………………………...Petitioner Vs. People's Republic of Bangladesh and others...............Respondents Judgment ......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ..

Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6

Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)

....R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ....... Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Shahabuddin...................................Petitioner Vs. The State..............................................Respondents Order July 29......R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ..

Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102

State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)

....while disposing of an application under section 561A of the Code of Criminal Procedure summarily. 2. Over an occurrence alleged to have been committed on 19th May, 2009, an FIR was lodged with the Mohammadpur Police Station on 31st May for alleged commission of offences punishable under different......etition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......p;    Syed Mahmud Hossain J   Md. Imman Ali J Md. Shamsul Huda J       State........................................Petitioner Vs. Md. Aman Ullah Aman.................Respondent Judgment July 26, 2012.  &nbs......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ..

Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32

Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)

....bject matter of partition which means that no dual policy can be accepted regarding confession. It should be either believed or disbelieved as a whole. ........ (51) Cases Referred to- Noor Mohammad Vs. State, 38 DLR 111; Basir Kha Vs. State, 50 DLR 199; Nurul Islam alias Nur Islam Vs. Sta...... (HCD) (2013) 453       ...... (Criminal Appellate Jurisdiction) Present: Mir Hashmat Ali J   Jahangir Hossain J   Ishaque Ali (Md.).....................................Appellant Vs. State…………………………&helli......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453       ..

Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9

Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)

....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ......ase is also Reported in: 18 BLC (HCD) (2013) 46.   ......urt Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Zakir Hossain J Faizur Rahman (Md.) and another..................Plaintiff-Appellants Vs. Md. Mokarram Hossain and others................Defendant-Respondents Judgment Ju......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ..

Category: Property Law | Date: 25 Jul, 2012 | Hits: 10

AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......h the observations made above. Ed. This Case is also Reported in: ......in: ......on (Special Original Jurisdiction) Present : Hasan Foez Siddique J ABM Altaf Hossain J AKM Shafiuddin.......................… Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others..............................

Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236

Jamat Ali Vs. State, 2012, 41 CLC (AD)

.... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ......sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ......nha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Jamat Ali....................................................Petitioner Vs. The State..................................................Respondent Judgment J...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ..

Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70

Nalu Vs. State, 2012, 41 CLC (AD)

....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......n No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ...... Hossain J Muhammad Imman Ali J Nalu……………………………………………..Petitioner Vs. The State…………..........................Respondent Judgment......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111

A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)

.... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ......ected to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ......J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J A.N. Istiaq Ahmed.......................................Petitioner Vs. Abdus Salam Khan and others...................Respondents Judgment July 19, 2012. Re......filed the writ petition before the High Court Division challenging the notification under Memo No.এনএসসি/১২০/১৭/জেন/৫০ dated 05.01.2009 issued by writ-respondent No.3, Secretary, National Sports Council (জাতীয় ক্রীড়া পরিষদ) constituting..

Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147

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

....aring No.18 (2)2007 dated 21.02.2007 corresponding to G.R. No.40 of 2007 under sections 409/420/109 of the Penal Code implicating the petitioner along with another. He further goes to submit that one Mohammad Mizanur Rahman, Sub-Inspector of Dimla Police Station had been endorsed with investigation ......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: ...... Court High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Md. Mozaffor Hossen and another..........................Petitioners Vs. Government of the People’s Republic of Bangladesh and others…......Respondents......of this Rule the State has decided not to proceed against principal offender named Md. Shamsul Haque, Chairman of the Union Parishad who is the FIR named accused No.1 and to that effect the Assistant Secretary, Ministry of Home had already issued Memo No.স্বম (আইন-১)/মামলা ..

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

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

....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.  ......ithout any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33.  ...... 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………………………….Respondent Judgment July 17......said land along with other lands as abandoned property in Miscellaneous Case No.2103 of 1994. The writ petitioners then sought for judicial review of the said order in the High Court Division. The Secretary, Ministry of Lands, contested the writ petition and claimed that the Revenue Officer lega..

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. ......is leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......Wahhab Miah J  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, 20......d 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 samity was re..

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

Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)

....ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ...... J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Rafiqul Islam and others....................................Petitioners Vs. Md. Azmal Hossain and others..................................Respondents Order ......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ..

Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16

Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)

.... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ......n: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ......n (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Sheikh Md. Zakir Hossain J Abdur Rashid Akanda ......................Defendant-Appellant-Petitioner Vs. Md. Raisuddin and others................Plaintiff-Respondent-Opposite-Parties Judgment...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ..

Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18

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

....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. ...... be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ...... 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........................................Respondent Order July...... Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana 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...........

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       ......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 Hossain. Vs. State, 35 DLR (AD) 290. Lawyers Involved: Kamal-ul-Alam, Senior Advocate&mdas......sp;   ......ally conferred upon it and as the guardian of the constitution. 12. Then looking back to the landmark deci­sion of the then Supreme Court, passed in the case between Sir Edward Snilson, KBE, Secretary to the Govt. of Pakistan, Ministry of Law Vs. The Judges of West Pakistan, Lahore, reporte..

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

Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)

............................Petitioner Vs. Janata Bank, Ullapara Branch, Sirajgonj........Respondent Judgment July 8, 2012. Result: The petition is disposed of. Lawyers Involved: Mohammad Ali Akanda, Advocate instructed by Haridas Paul, Advocate-on-Record-For the Petitioner. ......ve findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......in CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Golzar Hossain, Advocate........................Petitioner Vs. Janata Bank, Ullapara Branch, Sirajgonj........Respondent Judgment July 8, 2012. Res......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143

Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)

.... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183.  ......rdingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183.  ......d. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Safi Uddin...........................Petitioner (In person) Vs. District Judge, Dhaka & others.......Respondents Judgment July 8, 2012. ......ee) dated 22.10.2009 passed by the District Judge, Dhaka dismissing Summary Suit No.16 of 2005. The petitioner impleaded the District Judge, Dhaka and the Government of Bangladesh, represented by the Secretary, Ministry of Law as respondent Nos.1 and 2 without impleading the sole defendant, American..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108

City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)

.... Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......urisdiction) Present: Nozrul Islam Chowdhury J Mohammad Ullah J City Bank Ltd……………………......................Petitioner Vs. Labour Appellate Tri­bunal and others ..........Respondents Judgment July 7, ......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ..

Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2