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Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)

.... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ......Bangladesh and other............................Respondents Judgment January 18, 2011. Lawyers Involved: SM Rezaul Karim, Advocate-For the Petitioner. Karunamoy Chakma, Deputy Attorney-General-For the Respondent. Writ Petition No. 3719 of 2010. Judgment Md. Mamtaz Uddin Ahmed...... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ......sion (Special Original Jurisdiction) Present: Md. Mamtaz Uddin Ahmed J Gobinda Chandra Tagore J Afrin Akter……………………………....................Petitioner Vs. Bangladesh and other............................Respondents Judgment January 18, 2011. Lawy..

Category: Employment/Service Law | Date: | Hits: 91

Nasir Uddin Vs. State, represented by the Deputy Commis­sioner, Narayanganj, 2011, 40 CLC (AD)

....e High Court Division suffers from no illegality or impropriety and, as such, this crimi­nal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......e High Court Division suffers from no illegality or impropriety and, as such, this crimi­nal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......al of this Criminal Petition for Leave to Appeal are as fol­lows:— On 15-3-2005 SI Mr. Md. Farooq Khalil of RAB-3 Adamjee Nagar, Narayangonj, being inform­ant, lodged an ejahar with Siddirganj Police Station to the effect that on 14-3-2005 he along with other accompanying force were on specia......e High Court Division suffers from no illegality or impropriety and, as such, this crimi­nal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ..

Category: Criminal Law | Date: | Hits: 64

Md. Enayetur Rahman and others Vs. The Government of People’s Republic of Bangladesh and others, 2011, 40 CLC (HCD)

....ted earlier by this court stands vacated. Communicate the judgment to respondent No.2 at once. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 64 DLR (HCD) (2012) 116. ......ted earlier by this court stands vacated. Communicate the judgment to respondent No.2 at once. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 64 DLR (HCD) (2012) 116. ......anager of Sonali Bank working at that time informed by his letter dated 30.08.2004 that the total value of the FDRs was Tk.26, 000.00 only. 5. So the plaintiff Bank lodged an FIR with the Tejgaon Police Station, being Case No.91(8) 2004 against the defendant Nos.1, 2, 3 and Mr. Khondaker Hadi Im......sent: Md. Emdadul Huq J Md. Abu Zafor Siddique J Mr. Md. Enayetur Rahman and others………………………………………petitioners Vs. The Government of People’s Republic of Bangladesh and others…………Respondents Judgment June 1, 2011. Cases Referred to-&nbs..

Category: Civil Law | Date: | Hits: 147

State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)

.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310.  ......, PLD 1969 SC 89; Md. Bashir Vs. The State, Supreme Court Monthly Report (1970) Voll. III, 351; Md. Rafiq Vs.. The State, PLD (1974) SC 65. Lawyers Involved: F.R.M. Nazmul Hasan Deputy Attorney General with Md. Moniruzzaman Assistant Attorney General, S.M. Asad Ullah Tarique, Assistant Attorne......for the offence punishable under section 302/34 of the Penal Code passed on 05.07.2005 in Druta Bichar Tribunal Case No.16 of 2005 arising out of G.R. No.170 of 2003 corresponding to Naldanga (Nator) Police Station Case No.03 dated 05.04.2003. Condemned-Prisoner Ashraf Ali, Ataur Rahman and Ashraf a...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310.  ..

Category: Criminal Law | Date: | Hits: 82

Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)

.... Fazlul Huq, P.W.7 BDR Rafiqul, P.W.8 BDR Asaduzzaman, P.W.9 BDR Golam Mostafa, P.W.10 BDR Abdul Hamid were tendered by prosecution and the defence declined to cross. 19. P.W.11 Ali Ahmed, Customs Inspector stated that on 20.3.91 Bangladeshi Taka 13,95,798 (which was less by Tk. 754.00), 2 gold b......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521....... deposited the same in the Customs Godown, Comilla and arrested the accused appellants who are members of International Gold Smugglers Gang and thereafter P.W.1 lodged the FIR Ext. 1 with the Kotwali Police Station. 3. The police after investigation, submitted charge sheet against the accused app......d 12 other BDR personnels went to Monoharpur, Comilla Town and raided the house named 'Lutfa House'. Thereafter the informant along with Battalion Commander, Magistrate and others on search recovered Bangladeshi Taka amounting to 13,95,798.00. Indian money amounting to Rupees 1,124.00 from a steel a..

Category: Criminal Law | Date: | Hits: 75

Hemendra Lal Homoeopathic Databya Chikitshalay and another Vs. The Administrator General and Official Trustee, 1991, 20 CLC (HCD)

.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside. In the result, the appeal is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 512. ......h Court Division (Civil Appellate Jurisdiction) Present: Mainur Reza Chowdhury J Hemendra Lal Homoeopathic Databya Chikitshalay and another………Appellants Vs. The Administrator General and Official Trustee...................Respondent Judgment January 16, 1991. Lawyer...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside. In the result, the appeal is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 512. ...... deed the petitioner No.2 Ramendra as a reversionary heir of the settler Sakhi Lal Roy Chowdhury became the succeeding trustee in terms of the provision made in the deed as the only heir available in Bangladesh since the death of the third trustee, namely Profulla Nalini Roy Chowdhurani he has been ..

Category: Trust/Waqf Law | Date: | Hits: 183

Bangladesh Service Limited Vs. The Commissioner of Taxes, Dhaka (North) Zone, Dhaka, 1992, 21 CLC (HCD)

....answer the question Nos. 4 and 5 in the affirmative and against the assessee. The parties are left to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 510. ......answer the question Nos. 4 and 5 in the affirmative and against the assessee. The parties are left to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 510. ......answer the question Nos. 4 and 5 in the affirmative and against the assessee. The parties are left to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 510. ...... This Case is also Reported in: 45 DLR (HCD) (1993) 510. ..

Category: Fiscal/Taxation Law | Date: | Hits: 139

State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)

....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......ents Judgment October 12, 2011. Case Referred to- Abdus Salam Master alias Salam and another Vs. The State, 36 DLR (AD) 58. Lawyers Involved: Khandaker Diliruzzaman, Deputy Attorney General, instructed by B. Hossain Advocate-on-Record - For the Appellant. Yousuf Hossain Humayun,......and order dated 30.01.2008 passed by the High Court Division in Criminal Miscellaneous Case No. 4296 of 2006 making the Rule absolute arising out of G.R. Case No. 393 of 2005 corresponding to Kotwali Police Station Case No.16 (6)2005, under section 13 of the Money Laundering Prevention Act, 2002, no......g eight persons, including the principal respondent as accused. Accused Nos. 2-7 were the employees of the principal accused. Accused No. 2-7 were arrested and the recovered alamots were deposited in Bangladesh Bank, Chittagong. The principal accused Sree Krisna Nath surrendered before the High Cour..

Category: Criminal Law | Date: | Hits: 83

Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)

....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96.  ......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96.  ......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96.  ......udgment July 27, 2011. Cases Referred to- Nizamuddowla Vs. Nurul Islam and ors. 22 DLR 277; Ramizuddin Miah Vs. Jarimunnessa and others, 15 BLD (AD) 52; People’s Republic of Bangladesh vs. Abul Kaiser Chowdhury and others, 37 DLR (AD) 85; Mahabir Prasad Vs. Jage Ram and oth..

Category: Limitation Law | Date: | Hits: 219

Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......e and filed an application stating that his S.S.C. certificate was lost. After that, D.R.M., Paksey forwarded the petitioner’s application, service book and copy of objection of audit report to the General Manager, Bangladesh Railway, West, Rajshahi to ascertain the correct date of birth of the pe......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Nazimuddin……………………………………………………….Petitioner Vs. Government of Bangladesh and others…………………..Respondents Judgment August 25, 2011. Cases Ref..

Category: Administrative Law | Date: | Hits: 196

Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)

.... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......ffect from 1.6.1977. On 3.1.2002 the writ petitioner was asked to submit his matriculation certificate which, according to him he had submitted earlier. To his surprise, the writ respondent No.3, the General Manager, Administration, Jiban Bima Corporation sent a letter to the writ petitioner dated 1...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......was lawful. 5. A Division Bench of the High Court Division upon hearing both the parties and on consideration of the materials on record and taking into account the provisions of the Rule 9 of the Bangladesh Service Rules Part-I made the Rule absolute. 6. Being aggrieved by and dissatisfied wi..

Category: Employment/Service Law | Date: | Hits: 58

Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 502.......70 PLD (SC) 1; Sabitri Takurani Vs. Savi, 1921 AIR (PC) 80; Thakur Prasad Vs. Fakirulla, ILR 17 Allahabad 106; Neerala Tea Estwo Vs. Govt., 41 DLR 90; National Telephone Company Ltd. Vs. Postmaster­ General (1); Abul Khair Mia Vs. Abdul Latif Sardar, 32 DLR (AD) 167; Abdul Rouf Vs. Abdul Hamid Khan......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 502.......the right to appeal, is a substantive right and not a mere matter of procedure, and as such, neither of them is available unless it has been conferred by law. Under Article 105 of the Constitution of Bangladesh the Appellate Division of the Supreme Court has jurisdiction to review its judgment and o..

Category: Civil Law | Date: | Hits: 87

Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)

.... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500....... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500....... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500.......h the notices issued by Assistant Commissioner of Taxes. The appeals before the Appellate Joint Commissioner of Taxes failed. The assessee preferred second appeal before the Taxes Appellate Tribunal, Bangladesh, Dhaka Division (Bench). The assessee took the ground before the Tribunal that he had no ..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Yunus Mia (Md.) and others Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....ion under Article 102 of the Constitution. In view of our aforesaid discussion, we discharge the Rule without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 498.......adesh and others.........................Respondents Judgment April 28, 1991. Lawyers Involved: Khademul Islam Chowdhury, Advocate ‑ For the Petitioners Hasan Arif, Deputy Attorney‑General with Delwar Hossain, Assistant Attorney‑General ‑ For the Respondents. Writ Petition ......ion under Article 102 of the Constitution. In view of our aforesaid discussion, we discharge the Rule without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 498.......udur Rahman J Mahmudul Amin Choudhury J Yunus Mia (Md.) and others..........................Petitioners Vs. The Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others.........................Respondents Judgment April 28, 1991. Lawyers ..

Category: Property Law | Date: | Hits: 79

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......e in their judgments. 29. At the outset, it is to be examined whether the appellant can raise any question not covered by the leave granting order. 30. Order XX Rule 5 of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 provides as under: “The appellant shall not, witho..

Category: Property Law | Date: | Hits: 116

Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)

....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......, Senior Advocate with Ms. Tania Amir, Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For Respondent No. 2. None represented-For Respondent Nos.1 & 3-4. Cases Referred to- Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companies and anot..

Category: Company Law | Date: | Hits: 235

Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)

.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......n pursuance of a letter issued by the then Principal-in-Charge of the college on 19th April, 2000, annexure-D to the writ petition. This letter was addressed to the writ respondent No.2, the Director General, Secondary and Higher Secondary Education Adhidaptar, Dhaka. In the said letter it is stated...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ..

Category: Employment/Service Law | Date: | Hits: 204

Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)

....n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......62 DLR (AD) 290. Lawyers Involved: Barrister Nazmul Huda, in person, Senior Advocate with Md. Ashanur Rahman, Advocate- For the accused-appellants. Md. Momtaz Uddm Fakir, Additional Attorney General with Khondker Diluruzzaman, Assistant Attorney General, Abdur Rakib, Assistant Attorney Gene......mple imprisonment for 3(three) years. 2. The prosecution case in brief is that, one Shafiqul Islam, Deputy Director of Anti-Corruption Commission, lodged an first Information Report with Dhanmondi Police Station being No.70 dated 21.03.2007 against the appellant Nos.1 and 2 under Section 5(2) of ......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ..

Category: Criminal Law | Date: | Hits: 101

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

.... territories of Bangladesh and who was a permanent resident of such territory on the 25th March, 1971 continues to be a citizen of Bangladesh." That case arose out of an order passed by the Deputy Inspector General of Police, Special Branch, Bangladesh and Civil Authority directing Bishal Deo Tew......Chand's case, 1969 SCR (India) at page 824. Lawyers Involved: AR Yusuf with Korban Ali, SK Ansar Ali, Abdur Razzaque and Nawab Ali, Advocates ‑ For the Petitioner. Aminul Huq, Attorney‑General with AF Hasan Arif, Deputy Attorney‑General and Obaidur Rahman Mostafa, Assistant Attorney......n that the petitioner, Prof. Golam Azam, is a Bangladeshi citizen by birth having been born at Dhaka on the 22nd November, 1922; that his father late Moulana Ghulam Kabir was born in village Birgram, Police Station Nabinagar, District Comilla now Brahmanbaria and from generations they are permanent ......ivision (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. Result: The ..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)

.... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ...... others............................................................The Respondent (In Civil Review Petition No.18 of 2011) Order March 29, 2011. Lawyers Involved: Mahbubey Alam, Attorney General, M. K. Rahman, Addl. Attorney General, Murad Reza, Addl. Attorney General, instructed by B. ...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ......eported in: ..

Category: Constitutional Law | Date: | Hits: 222