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Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....in in enforce unless the same is cancelled by an appropriate civil Court.…………………(11) Case Referred to- Sultanuddin Chowdhury Vs. Government of the People's Republic of Bangladesh, 32 DLR 252. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Bimsh C......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ....... Zahangir, Advocate-on-Record—For the Respondent No. 1. Not Represented—Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.1816 of 2010. (From the Judgment and order dated 13-11-2008 passed by the High Court Division in Writ Petition No.6488 of 2008). Jud......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ivision (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Advocate Taimur Alam Khondaker.........................Petitioner Vs. Bangladesh and others...................Respondent Judgment November 29, 2012. ......e disposal of the Rule the respondent No. 3 is hereby directed to declare a fresh election schedule within 60 (sixty) days from the date of receipt of the copy of this judgment and order. During this interim period the registration authority being entitled to take all necessary steps as to election ......‚ঘন কর হয়েছে বিধায়। and appointed one Administrator, respondent No.7 under section 9(2) of the said Ordinance. It further appears that the respondent no.6 had issued the order dated 15-5-2012 as the registration authority in exercise of power as provided under section 2......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
.... Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ...... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ......e result, both the Rules are disposed of. The respondents would be at liberty to encash the Bank Guarantee after the decision of the Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reporte...... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ..Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2
Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)
.... Supreme Court High Court Division (Original Civil Jurisdiction) Present: Md. Rezaul Hasan J Bengal Techno Leather Ltd..............Plaintiff Vs. Islami Bank Bangladesh Ltd...........Defendant Judgment November 28, 2012 Result: The petition is......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 ......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 ......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 ..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)
....pellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and others.................Appellants Vs. Dr. Md. Nazrul Islam Bhuiyan and othe......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. ......—For the Appellant. SM Rezaul Karim, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondents. Civil Appeal No.12 of 2010 (From the judgment and order dated 3-11-2008 passed by the High Court Division in Writ Petition No.2919 of 2006) Judgm......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. ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and others..............Appellants (in both cases) Vs. Hamento Kumar Barmon...............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. ......ob Chowdhury, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondents. (In both cases). Civil Appeal Nos.327 with 326 of 2008. (From the judgment and order dated the 6th day of June, 2007 passed by the High Court Division in Writ Petition Nos.1497 an......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. ..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Esrarul Huq Chowdhury…………………......... 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. ......hellip;.(25) Legal profession is not a trade or business. Members belonging to the profession have a particular duty to uphold the integrity of the profession and not to indulge in corruption in order to ensure that justice is administered in accordance with law…………&...... 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. ..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....ip;Petitioner Vs. The State………………….......................Respondents Judgment November 28, 2012. Result: The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, ......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: ......bsp;Commission Act, 2004 read with Rule 15 of the Emergency Powers Rules 2007, now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this court may seem fit and proper.” 2. Averments figur......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: ..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ......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: ......stituted under rule 4 of the Rules, 2009 recommended a panel of three candidates, wherein the petitioner’s name was not included. In that event, he moved in this Court and obtained the Rule with an order of stay. 4. The Government of Bangladesh represented by the Secretary Ministry of Law, J......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: ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ellip;….....................Opposite-parties Judgment November 27, 2012. Result: The application is summarily rejected. Cases Referred to- Tarique Rahman Vs. Bangladesh, 63 DLR (AD) 18; Pirjada Syed Shariatullah Vs.Bangladesh, 61 DLR 647; Sultana Jute Mills Ltd. ......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 ......hat a thorough scrutiny of the relevant laws is needed for which I am inclined to issue Rule. 4.Hence, Let a Rule be issued calling upon the opposite-parties to show cause as to why the impugned order dated 18-10-2012 passed by the learned Special Judge, Court No. 3, Dhaka, in Special Case No. ......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 ..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....y from her on different occasions to which she did not concede for which he felt aggrieved. On 13-7-2007 at about 12-00 o'clock in the night on being informed over mobile telephone that his sister had been killed at 11-45 hours, the informant along with his parents and other relatives (names are......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. ...... 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, 2009 passed by the High Court Division in Criminal Miscellaneo......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. ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....ated above. Ed. This Case is also Reported in: ......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: ......Lawyers Involved: Helal Uddin Mollah, Advocate- For the Petitioner. Md. Shohrowardi, Deputy Attorney General- For Respondents. Jail Petition No.15 of 2010. (From the judgment and order dated 30thOctober, 2007 passed by the High Court Division in Death Reference No.74 of 2004 wit......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: ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....esent: Hasan Foez Siddfque J ABM Altaf Hossain J Fazlul Haque (Md.)…………………………Petitioners Vs. Bangladesh and others..................Respondents Judgment November 22, 2012. Result: ......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. ...... ABM Altaf Hossasin J. - The Rule Nisi under Adjudication issued on 02.11.2011 was in the following terms: "Let a Rule Nisi issue calling upon the respondents to show cause as to why the order Vide Memo No.38.210001.01.019. 2011/233, dated 3-7-2011 (Annexure-E) issued by the Director (M......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. ..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... Present: Md. Muzarnmel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh & others .............Petitioners Vs. Md. Ghulam Mustafa and others…&hell...... 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. ......uzammel 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, 2012 passed by the High Court Division in Writ Petition Nos.8556 wi...... 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. ..Category: Others | Date: 22 Nov, 2012 | Hits: 20
MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
....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 Mohammad Ali, Advocate—For the Petitioner. MH Sarder, DAG with Gazi Md. Mamunur Rashid, Assista......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. ......ent M Enayetur Rahim J. - Supplementary affidavit filed today do form part of the main application. 2. This is an application filed by the accused-petitioner for re-calling the Judgment and order dated 4-7-2012 passed by a Division Bench of this Court discharging the Rule. 3. At the i......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. ..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
....receiving the sale certificate took an attempt to sell the mortgaged property in auction but due to various obstacle no auction sale was possible to be held. In this background as per section 33(6) read with section 28(3) of Artha Rin Adalat Ain, 2003 the decree-holder Bank filed 2nd Execution case ...... 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. ...... Writ Petition No.4453 of 2007. Judgment Sheikh Abdul Awal J. - This Rule has been issued calling upon the opposite-party No.1 to show cause as to why the impugned judgment and order dated 25-4-2007 passed by the learned District Judge, Bagerhat in Artha Rin Appeal No.23 of 20...... 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. ..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....t, Third Court, Chittagong allowing pre-Âemption case reversing those dated 30.07.1992 in pre-emption MiscellaÂneous Case No.01 of 1992 passed by the learned Senior Assistant Judge, Third Court, Sadar, Chittagong dismissing the pre-emption case under section 24 of the Non Agricultural Tenancy 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. ......h Court Division in Civil Revision No.2387 of 1995). Judgment Syed Mahmud Hossain J.- This appeal by the pre-emptors as the appellants following leave is directed against the judgment and order dated 02.07.2003 passed by the High Court Division in Civil Revision No.2387 of 1995 making t......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. ..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... This Case is also Reported in: 65 DLR (HCD) (2013) 31. ......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. ..........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 the first time rushed before this Division and obtained the present Rule. ......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. ..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
.... 20, 2012. Result: The appeals are dismissed. Section 164(3), the Code of Criminal Procedure, 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......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 ......ient for convicting the confessing accused and retraction of confession is immaterial, once it is found to be true and voluntary. ............ (61) Overt act on the part of each accused In order to support a conviction under section 34 of the Penal Code, mere presence would not be suffici......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 ..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
.... This Case is also Reported in: 18 BLC (HCD) (2013) 77. ......shall not be directed to release the imported goods in question on receipt of the customs duty and other charges in cash according to the valuation determined in the CRF certificate. 3. By an ad-interim order this division directed for release of the goods in question. 4. The background le......t be directed to release the imported goods in question on receipt of the customs duty and other charges in cash according to the valuation determined in the CRF certificate. 3. By an ad-interim order this division directed for release of the goods in question. 4. The background leading to......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. ..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
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