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Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)
....defend the suit (by filing written statement, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179 ......s- Suits on these types of matters have been classified as a different category of suits under the scheme of the Code of Civil Procedure and summary procedure has been laid down in Order XXXVII for expeditious disposal of the suits upon bill of exchange and promissory notes etc. These are spec......defend the suit (by filing written statement, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179 ......ellip;…...........(7) Cases Referred to- Bengal Techno Leather Consult Ltd. Vs. Bangladesh, 2005 BCR 133, Joved Traders and another Vs. Premier Soap Factory Ltd 44 DLR 490; Lawyers Involved: Foyej Ahmed with Md. Mohid Uddin, Advocates-For the Plaintiff. Tanvir Pa..Category: Administrative Law | Date: 28 Nov, 2012 | Hits: 5
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ......621 at page 644; State of Rajasthan Vs. Mahaveer Oil Industries (1999) 4 SCC 357 at page 365;Sales Tax Officer Vs. Shree Durga Oil Mills (1998) 1 SCC 572; Council of Civil Service Unions Vs. Minister for the Civil Service (1984) 3 All ER 935; Sethi Auto Service Station Vs. Delhi Development Authorit......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ......Hasan Vs. Bangladesh, 60 DLR (AD) 76;Food Corporation of India Vs. M/s Kamdhenu Cattle Feed Industries (1993) 1 SCC 71 at page 76; Punjab Communications Ltd. Vs. Union of India (1999) 4 SCC 727. Lawyers Involved: MK Rahman, Additional Attorney-General, instructed by Md. Ibrahim Khalil..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......p; Facts giving rise to these appeals are that the respondent of Civil Appeal No.327 of 2008 as writ-petitioner (hereinafter referred to as the petitioner) filed Writ Petition Nos. 459 of 2005 before the High Court Division calling in question the order of punishment dated 30-11-1997 passed by ......we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......No.327 of 2008) Md. Nurul Islam.................................Respondents (In Civil Appeal No.326 of 2008) Judgment November 28, 2012. Result: The appeal is dismissed. Lawyers Involved: Murad Reza, Additional Attorney General instructed by Md. Ibrahim Khalil, Adv..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......error apparent on the face of the record exists. It is not the re-hearing of the main appeal. In a review, a Court is not empowered to change the decision taken in the main judgment. It is only meant for correction of clerical error or mistake on the face of the record………&hellip...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ...... The word 'misconduct' has no precise meaning, and its scope and ambit has to be construed with reference to the subject matter and context wherein the term occurs. According to Black's Law Dictionary 'misconduct' means "A dereliction of duty; unlawful or improper behaviou..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......is court may seem fit and proper.” 2. Averments figured by the petitioner, in his application invoking Section 561A of the Code of Criminal Procedure, seeking quashment of the aforementioned proceeding are briefly, scripted below; The petitioner is a former Minister for ......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......haka and others, unreported, Writ Petition No.7245 of 2008; Khawja Nazir Ahmed Vs. Emperor 1945 DLR, PC 18, Abdul Quader Vs. State 28 DLR (AD) 39, Nasiruddin Vs. Mamtazuddin Ahmed, 36 DLR AD 14. Lawyers Involved: M. Amirul Islam, Advocate-For the Petitioner Amit Talukder, Deputy Atto..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ......oner Vs. Bangladesh and others…………...Respondents Judgment November 28, 2012. Result: The Rule is discharged. Lawyers Involved: Md. Ozi Ullah, Advocate-for the petitioner. Goutam Kumer Roy, Deputy Attorney General with Ms. Jesmin Sultana Samsad, A......thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ...... Mohammad Ullah Ashraf………......Petitioner Vs. Bangladesh and others…………...Respondents Judgment November 28, 2012. Result: The Rule is discharged. Lawyers Involved: Md. Ozi Ullah, Advocate-for the petitioner. Goutam Kumer Roy, Deputy Att..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ceeding is unwarranted 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) 41 ......grani Bank, 14 BLD (AD) 196 = 46 DLR (AD) 174; Kalepada Shaha Vs. State, 37 DLR (AD) 135; Delowar AM Khan Vs. Sajadul Haque, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram. AIR 1965 (SC); Enforcement Vs. Dipok Mahajon, 3 (SCC) 440 and State Vs. Ram Saran, 12 SCC 578. Lawyers Involved:......ceeding is unwarranted 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) 41 ......) 135; Delowar AM Khan Vs. Sajadul Haque, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram. AIR 1965 (SC); Enforcement Vs. Dipok Mahajon, 3 (SCC) 440 and State Vs. Ram Saran, 12 SCC 578. Lawyers Involved: Moudud Ahmed, Senior Advocate with AM Mahbub Uddin, AKM Ehsanur Rahman—..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ...... The leave petition is dismissed. Lawyers Involved: Mvi Md. Wahidullah, Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Criminal Petition for Leave to Appeal No. 88 of 2010. (From the judgment and order dated the 11th day of October......m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. .....................Petitioner Vs. State...................................Respondent Judgment November 26, 2012. Result: The leave petition is dismissed. Lawyers Involved: Mvi Md. Wahidullah, Advocate-on-Record—For the Petitioner. None Rep..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......ent and order dated 30thOctober, 2007 passed by the High Court Division in Death Reference No.74 of 2004 with Jail Appeal No.521 of 2004) Judgment Muhammad Imman Ali J.-This jail petition for leave to appeal at the instance of the condemned petitioner Rahmat Ali alias Shukkur is directed......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ..........Respondent Judgment November 26, 2012. Result: The Jail Petition is dismissed. Cases Referred to- State Vs. Tasiruddin, 13 DLR 203; Nalu Vs. State reported in 1 Apex Law Report’s (AD) 222. Lawyers Involved: Helal Uddin Mollah, Advocate- For the Petitione..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......chool made a complaint to respondent No.1 in respect to some irregularities against the petitioners. Upon receipt of the said complaint, on 19-11-2009, a Deputy Secretary on behalf of respondent No.1 forwarded the same to the Director General of Compulsory Primary Education implementation Experiment......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......rity can not sub-delegate to some other authority until and unless statute permits such sub-delegation.......... (15) Cases Referred to- Barium Chemicals Vs. CL Board, AIR 1967 SC 295. Lawyers Involved: Abdul Matin Khasru with Pankaj Kumar Kunda, Advocate-For the Petitioners. ..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......y B Hossain, Advocate-on-Record—For the Petitioners. Muzammel Haq, Senior Advocate instructed by Md. Habibur Rahman Miah, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No.1953 of 2012. (From the judgment and order dated the 5th day of June, 20...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ...... Mokhlesur Rahman Vs. Bangladesh, 26 DLR (AD) 44; Dr. Mohiuddin Farque Vs. Bangladesh, 49 DLR (AD) 1; Ekushe Television Vs. Bangladesh, 54 DLR (AD) 130; Brae Bank Vs. Bangladesh, 54 DLR (AD) 34. Lawyers Involved: Mahbubey Alam, Attorney-General instructed by B Hossain, Advocate-on-Record&m..Category: Others | Date: 22 Nov, 2012 | Hits: 20
MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
....conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ......s Judgment November 21, 2012. Result: The application is rejected. Norms and practice It is the norms and practice of the Court that to hear a matter before a Vacation Bench the learned Advocates of the respective parties should be intimated before suc......conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ......t a wrong decision. The scope of review as provided in the Code of Civil procedure is not available in the Code of Criminal Procedure............ (13) Cases Referred to- 60 DLR (AD) 1, Lawyers Involved: Abdul Baset Mojumder, Advocate with Khandaker Mahbub Hossain, Advocate and Sk..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
.... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ......Material facts of the case, briefly, are that the opposite-party No.1, Rupali Bank Ltd represented by the Manager, Manasa Bazar Branch, Bagerhat as plaintiff instituted Artha Rin Case No.23 of 2001 before Artha Rin Adalat No.1, Bagerhat for recovery of its dues amounting to Taka 1,17,176 with intere...... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ......he auction purchaser. .................... (17) Cases Referred to- IFIC Bank Ltd Vs. Manner Fashions Wear Pvt. Ltd, 12 BLC 723; Salma Begum Vs. Sonali Bank Ltd, 63 DLR 282. Lawyers Involved: Pronay Kanti Roy, Advocate—For the Petitioner. Md. Imam Hasan, Adv..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......l Tenancy Act if a co-sharer tenant owns a portion of land in any plot, he is to be treated as co-sharer in the entire plot even if the land of that plot is recorded in more than one khatian. Therefore, in the event of transfer of a portion of land of that plot appertaining to another Khatian a ......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......ding as mentioned in section 96 of the State Acquisition and Tenancy Act.…………………………………(12) Case Referred to- S.M Basiruddin Vs. Z. Islam, (1983) 35 DLR (AD) 230. Lawyers Involved: Omar Farook, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For t..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ....................Petitioner Vs. Bangladesh and others... .............Respondents Judgment November 20, 2012. Result: The Rule is discharged. Restoration to section 19 for setting-aside the ex-parte decree After passing of the impugned order, the petitioner for t......order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ......ip;.. (6) Cases Referred to- Setara Begum Vs. Al-Arafah Islami Bank Ltd., 61 DLR 791=14 MLR 480; Mohiuddin (Sk) Vs. Joint District Judge, Artha Rin Adalat No.3, Dhaka, 13 MLR (AD) 356. Lawyers Involved: Md. Sohel Rana, Advocate—For the Petitioner. SM Moniruzzaman, Depu..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ......ure, a mandatory provision of law It is a settled principle of law that the requirement of adherence to the provisions of section 164(3) of the Code of Criminal Procedure is not a mere matter of form but of substance. Section 164(3) is a mandatory provision of law as has been settled by the Pri......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ...... (Supreme Court) 598; Hibubur Rahman @ Habib Vs. State, 8 BLD 210; Abdul Jabbar Vs. State, 1 MLR 164; Khalil Mia Vs. State, 7 BLT (AD) 245 = 4 BLC (AD) 223; Rahim Baksh Vs. Crown, 4 DLR (FC) 53. Lawyers Involved: Md. Afzal Hossain, Advocate—For the condemned-appellants (In Criminal A..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ......General with Pratikar Chakma, Assistant Attorney-General—For the Respondents Writ Petition No.59 of 2012. Judgment Md. Ashfaqul Islam J. - Let the supplementary-affidavit be formed part of the main application. 2. At the instance of the petitioner, Mohammad Amirul Isla......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ......ussell Vegetable Oil Ltd Vs. Collector of Customs 52 DLR 382; LR Khan Vs. Customs, Excise and VAT Appellate Tribunal, 17 BLC 249;Commissioner of Customs Vs. Cab Express (BD) Ltd 64 DLR (AD) 100. Lawyers Involved: Masud R Sobhan with Fatema S Chowdhury, Mohammad Jamal Hossain and Raghib Rou..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......of Possession) Ordinance, 1970 (Ordinance 24 of 1970) When a suit is pending between the parties, wherein an order of temporary injunction restraining the Government and its allottee is still in force and the petitioner’s claim of title is backed by a registered deed of conveyance, her posses......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......€™s claim of title is backed by a registered deed of conveyance, her possession cannot be termed unauthorized within the scope of Ordinance 24 of 1970……………………………….(12) Lawyers Involved: Md. Zakir Hossain, Advocate-for the petitioner S M Quamrul Hasan, Assist..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ............Respondents Judgment November 14, 2012. Result: The appeal is allowed. Re-admit of Appeal- Whether the appellant was prevented by sufficient cause from appearing before the Court- The question of considering the matter of re-admission of an appeal before a Co...... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ......g before the Court when that appeal was called on for hearing…..........(25) Cases Referred to- Belayet Hossain Vs. Md Abu Taher 32 DLR (AD) 231; 21 DLR 353 and 7 DLR 173. Lawyers Involved: Golam Arshed, Advocate—For the appellant Abdus Samad Azad, Advocat..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ...... charge against the accused beyond shadow of doubt. In respect of a spouse killing case, where the victim was in the company of the husband or the wife, the spouse is under an obligation to account for the cause of death and a special onus lies upon him/her to prove the cause of death and in the ......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ...... committed. But, it must cover the time when the offence is shown to have been committed, so as to preclude the possibility of the accused's presence at the place of the crime at the relevant time. Law does not expect the same standard of proof from the accused as from the prosecution…………..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
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