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Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)

.... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......arzi-ul-Huq J Md. Ruhul Quddus J Md. Tarique Aziz ... .......Appellant Vs. The State ... ........Opposite Party Judgment March 15, 2012. Result: The jail appeal is allowed. Lawyers Involved: Hasna Begum, Advocate - for the appellant. Yousuf Mahmud Morshed, Assistant ...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 119

Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)

.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judg­ment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......gum Vs. Bangladesh, 45 DLR 571 (at para 16); Messrs ATJ Industries case, 28 DLR 27; 28 DLR (AD) 120; Ayesha Khatun's Case, 50 DLR 639; Bangladesh Vs. Syed Chand Sultana, 51 DLR (AD) 24, at para-4. Lawyers Involved: Moudud Ahmed with Raziuddin Ahmed, Advocates - For the Petitioner. Mahbubey ......ovement Trust (DIT) in her favour for 99 years. After Liberation, since the said property became abandoned under the provisions of the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 ("PO 16 of 1972"), the said Lady applied to the Government for release of the same on th..

Category: Property Law | Date: | Hits: 127

SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

.... questions in the negative and against the revenue department and in favour of the assessee. The par­ties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ......2000) 28 BTD 50; Hotel and Engineer Consultants Vs. Commissioner of Taxes, (2000) 52 DLR 170; Seth Gurmukh Singh and another Vs. the Commissioner of Income Tax, Punjab, (1944) 12 ITR 393 (Lahore). Lawyers Involved: MA Noor with Majedul Islam Patwary, Advocates - For the Applicant. Kazi Wal...... questions in the negative and against the revenue department and in favour of the assessee. The par­ties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ..

Category: Fiscal/Taxation Law | Date: | Hits: 151

Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)

....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immedi­ately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......LR 94; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur, 35 DLR (AD) 216; Khodeja Begum and anoth­er Vs. Sagarmal Agarwala alias Sombamal Agarwala, BCR 1987 (AD) 172. Lawyers Involved: AH Mahfoozur Rahman with Mashiul Alam, Advocates - For the Petitioner. Kazi ...... judgment of the Trial Court is not a judgment at all and that the Appellate Court without adverting to those materials on record affirmed the judgment of the Trial Court without having regard to the Order 41, rule 31 of the Code of Civil Procedure and thereby, both the Courts committed error of law..

Category: Property Law | Date: | Hits: 123

Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......am Sarwar Hiru Vs. State, 13 MLR (AD) 103; Abdul Qader Chowdhury Vs. State, 28 DLR (AD) 38; Ali Akkas Vs. State, 17 BLD (AD) 44; 36 DLR (AD) 14; 11 BLC 51; Begum Khaleda Zia Vs. State, 55 DLR 596. Lawyers Involved: Sheikh Fazle Noor Taposh with Yousuf Hossain Humayun, Abdul Matin Khasru, SM Re......hand Dwarkadas Morarka Vs. King: reported in AIR 1948 Privy Council 82: Wherein it has been held: “A Sanction which simply names the person to be prosecuted and specifies the provision of the Order which he is alleged to have contravened is not a sufficient compliance with Cl. 23. In order t..

Category: Criminal Law | Date: | Hits: 156

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....erve the notice at the cost of office. We felt that the prayer is a cogent one and hence, resolved to accede to the same. Jahangir Hossain J. - I agree. Ed. This Case is also Reported in: ......ultural Affairs, Bangladesh Secretariat, P.S. Shahbag, Dhaka, Bangladesh and others ...........................Respondents Judgment January 19, 2012. Result: The Rule is made absolute. Lawyers Involved: Manzill Murshid, Advocate - for the petitioner. A. B. M. Altaf Hossain, Depu......erve the notice at the cost of office. We felt that the prayer is a cogent one and hence, resolved to accede to the same. Jahangir Hossain J. - I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 159

Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......ddus J Nurul Amin Bhuiyan ... ...................Petitioner Vs. Bangladesh and others ................. Respondents Judgment February 10, 2011. Result: The Rule is discharged. Lawyers Involved: Tanjibul Alam with Md. Anisur Rahaman, Advocates - for the Petitioner. Syed ......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 129

M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)

....asmuch as the provisions of clause (1A) to Article 142 for holding a referendum are ultra vires the Constitution as this clause was not introduced in the Constitution by an act of Parliament but by a Martial Law Proclamation in 1978 by a Martial Law Administrator. 7. The respondent Nos.5 and 6 by......n J Md. Awlad Ali J Mirza Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh..........................is one of the fundamental structures of the Constitution. (3) Whether the amendment of Article 142 by adding clauses (1A), (1B) and (IC) there to by the Second Proclamation (Fifteenth Amend­ment) Order, 1978 can be said to be a valid constitutional amendment. 21. Before we proceed to consider..

Category: Constitutional Law | Date: | Hits: 215

Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......nts Industries (Pvt.) Ltd..............Petitioner Vs. Bangladesh and others.................................Respondents Judgment January 12, 2005. Result: The Rule is discharged. Lawyers Involved: Md. Abdul Jabbar with Nur Jahan Begum, Md. Aminul Haque, Advocates—For the Pe......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ..

Category: Civil Law | Date: | Hits: 129

State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)

.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......er Vs. Innocent N Egbunine…………….Condemned‑Prisoner Judgment June 22, 1994. Result: The Reference is rejected and the Jail Appeal is dismissed with the modification. Lawyers Involved: Serajul Huq with Anisul Huq and Tawfika Karim, Advocates ‑ For the Condemned ...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ..

Category: Criminal Law | Date: | Hits: 164

Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)

....ismissed. The opinion expres­sed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......r Vs. State…………………Respondent Judgment May 2, 1983. Result: The appeal is dismissed. Case Referred to- Indrajit Singh Kohli Vs. The State, AIR 1967 Cal. 460. Lawyers Involved: Rafiqul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - ......ismissed. The opinion expres­sed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ..

Category: Criminal Law | Date: | Hits: 111

Abdul Gafur Sarder and another Vs. State and ano­ther, 1982, 11 CLC (AD)

....ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......Abdul Gafur Sarder and another…………………Appellants Vs. The State and ano­ther………………Respondents Judgment December 14, 1982. Result: The appeal is allowed. Lawyers Involved: Abdul Malek Ukil, Advocate, instructed by A. Backkar, Advocate-on-Record - For ......rd - For the Appellants. A.W. Bhuiyan, Additional Attorney-General instructed by A.W. Mallik, Advocate-on-Record - For the Respondent 1. Criminal Appeal No.14 of 1982. From the Judgment and Order dated 19-5-82 pas­sed by the High Court Division in Criminal Misc. Case No. 43 of 1982. Ju..

Category: Criminal Law | Date: | Hits: 97

Bakshu Mia Vs. Govt.of Bangla­desh and others, 1977, 6 CLC (AD)

....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......16. Superintendent, Legal Affairs Vs. Azizul Huq, (1960) 12 DLR 324 State Vs. Eusubali (1968) 20 DLR 518 Abdur Rab Vs. Syed Ahmed (1974) 26 DLR 133 Govinda Shed Jamadar Vs. State (1975) 27 DLR 67. Lawyers Involved: Latifur Rahman, Advocate, instructed by Abdur Rab-2, Advocate on Record-For the...... Joynal Abedin, Advocate, instructed by S. M. Huq, Advocate-on-Record-For the Added Respondent No. 4. Ex-parte—Respondents Nos.2 and 3. Civil Appeal No. 56 of 1977. (From the Judgment and Order dated the 11th January, 1977 passed by the High Court of Bangladesh in Writ Petition No.10 of ..

Category: Criminal Law | Date: | Hits: 99

Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Cor­poration Ltd., 1982, 11 CLC (AD)

.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ...... 1926 All England Reports 493; Mad. B. P. 3011 R. Mis.; Inland Revenue Commissioner Vs. Hanry Ansbacher & Co., (1962) 3 All ER 843; National Bank of Pakistan Vs. Fasihuzzaman, PLD 1964 KAR-92. Lawyers Involved: A.W. Bhuiya, Additional Attorney-General, B. Hossain, Assistant Attorney Genera...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..

Category: Fiscal/Taxation Law | Date: | Hits: 269

Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)

....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ...... 807; Abdul Hosaain and ors Vs. Md. Moslem Ali and ors., 19 DLR 677; Yakub Khan Vs. Amjad Alt Khan, 29 DLR, 164; Upendra Chandra Roy Vs. Janab Ali, 29 DLR 299; Meghu Bepari Vs. Kalu Sk, 18 DLR 317 Lawyers Involved: Abdur Rob Chowdhury, Advocate, Supreme Court, instructed by Md. Aftab Hossain, ......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ..

Category: Property Law | Date: | Hits: 77

Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)

.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......33; R Vs. Reading Crown Court ex p Hutchinson, 1988 QB 384; R Vs. Devizes Justices ex p Lee; DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr.L.R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; Boddington Vs. British Transport Police; R Vs. Chief Constable of Merseyside ex p Calvel...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 133

Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)

.... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......Mohiuddin Chowdhury ...................... Petitioner Vs. Rupali Bank Ltd. and others .................... Respondents Judgment February 15, 2011. Result: The Rule is discharged. Lawyers Involved: A.K.M. Faiz, Advocate - for the petitioner. Md. Imam Hasan, Advocate - for t...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 129

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ...... Boat Construction Ltd. (1951)2 All E.R.278; Wells and others Vs. Minister of Housing etc (1967) 2 All England; Leaver Finance Ltd. Vs. Westminster (City) London, Borough Council (1970) 3 WLR 732. Lawyers Involved: S. R. Pal, Senior Advocate, instructed by Abdur Rab-II, Advocate-on-Record-For ......u Backkar, Advocate-on-Record-For the Respondent Nos. 1-3 (In Civil Appeal No. 37 of 1976). Ex-parte-For the Respondent Nos. 4-8. Civil Appeal Nos. 36 and 37 of 1976. (From the Judgment and Order dated May 6, 1976 passed by the High Court Division in petition No.134 of 1976 in both cases) ..

Category: Others | Date: | Hits: 154

Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)

....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......noy Krishna Das Vs. Salsiccioni, (1932) 37 CWN PC 1. Civil Appeal No. 55 of 1982. From the Judgment and Order dated 9.3.82 passed by the High Court Division in Civil Revision No. 46 of 1981. Lawyers Involved: M.H. Khondker, Senior Advocate M. G. Rabbani, Advocate with him instructed by B......d Kumar Ghosal, (1897) ILR 24 Cal. 720; Seoti Bibi Vs. Jagonnath Prasad, (1920) IC 593; Benoy Krishna Das Vs. Salsiccioni, (1932) 37 CWN PC 1. Civil Appeal No. 55 of 1982. From the Judgment and Order dated 9.3.82 passed by the High Court Division in Civil Revision No. 46 of 1981. Lawyers In..

Category: Property Law | Date: | Hits: 103

AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)

....n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ......rs………………… Respondents Judgment January 20, 1983. Result: The Appeal is allowed. Case Referred to- Binode Behari Shaha Vs. Nitya Gopal Shaha (1981) 33 DLR (AD) 130. Lawyers Involved: Khondker Mahbubuddin Ahmed, Sr. Advo­cate, Abdul Hamid, Muhbuby Alam and Abdul......Narayanganj for ejectment of the defendant appellant from the suit premises and obtained an ex parte decree on May 19, 1972. Miscella­neous Case No. 77 of 1972 filed by the defendant-appellant under Order 9, rule 13 of the Code of Civil procedure was allowed on contest on December 13, 1972 restorin..

Category: Procedural Law | Date: | Hits: 109