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Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)

....undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......n Court on and when directed by the Court………………………………(19) Cases Referred to- Aziz Mollick Vs. State,13 MLR 230; Md. Omar Ali Vs. Abdul Malek and the State,6 MLR 372. Lawyers Involved: Sarwar Ahmed with Md. Ziauddin, Advocates - For the Petitioner. Shakila Raws......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ..

Category: Criminal Law | Date: | Hits: 110

Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64....... Jamil Akhter Elahi (Md.) ………………petitioner Vs. Government of Bangladesh and others…………….Respondents Judgment June 24, 2009. Result: The Rule is discharged. Lawyers involved: Jamil Akhter Elahi, Advocate (in person)- petitioner. AKM Nazrul Islam with ......ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64...

Category: Others | Date: | Hits: 134

Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)

....he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......icer, Companies Circle, Chittagong, 19 DLR 871; Commissioner of Income-Tax Vs. Khemchand Ramdas, (1938) 6 ITR 414 PC; Venkatachalam Vs. Bombay Dyeing and Manufacturing co. Ltd., (1958) 34 ITR 143. Lawyers Involved: AB Siddique, Advocate - For the Applicant. Sathika Hossain, Assistant Attor......he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59...

Category: Fiscal/Taxation Law | Date: | Hits: 97

Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)

.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......ba Kumar Vs. State, 1974 572 (SC); Kamruzzaman Vs. State, 1995 BLD 486 = 47 DLR 416; State Vs. Tayeb Ali, 1987 BLD (AD) 265 = 40 DLR (AD) 6; Krishna Mochil Vs. State of Bihar, 2002 SCC (Cri) 1220. Lawyers Involved: SB Bhandary, Advocate - For the Appellant. Kazi M Ejarul Haque, Deputy Attor...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ..

Category: Criminal Law | Date: | Hits: 79

Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)

....ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ......Begum, 7 BLT (AD) 125; Md. Ismail Vs. Province of East Pakistan through the Chief Secretary, Government of East Pakistan, 16 DLR (AD) 438; Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77. Lawyers Involved: Abdul Wadud Bhuiyan with Faroque Ahmed and Abdus Samad, Advocates - For the Pet......ce on record and to arrive at his own independent finding. In the instant case, the specific findings of the trial Court have not been reversed by the lower appellate Court exercising its power under Order XLI, rule 31of the Code. Accordingly, the trial Court's Judgment and decree are restored.'' ..

Category: Administrative Law | Date: | Hits: 230

Shefali Bala Vs. Khalipur Pukurpara Registered Non-Government Primary School Managing Committee and others, 2009, 38 CLC (HCD)

.... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41....... alias Ahmed Hussain Chowdhury Vs. Md. Nurul Amin, 1996 BLD (AD) 31 = 47 DLR (AD) 162; Safaruddin Vs. Fazlul Huq, 49 DLR (AD) 151; Darasatullah Vs. Manik Mondal; 1984 BLD (AD) 234; 36 DLR (AD) 88. Lawyers Involved: Bivash Chandra Biswas and HM Borhan Advocates - For the Petitioner. None app...... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41...

Category: Employment/Service Law | Date: | Hits: 118

Chief Engineer, the Local Government and Engineering Department and others Vs. Kazi Mizanur Rahman and others, 2012, 41 CLC (AD)

.... The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 91. ......nd others………………………………………………Respondents (In Civil Petition No. 2169 of 2011) Judgment February 20, 2012. Result: The leave petitions are disposed of. Lawyers Involved: Mahbubey Alam, Attorney General (with Ekramul Haque, Deputy Attorney General an...... The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 91. ..

Category: Employment/Service Law | Date: | Hits: 147

State Vs. Md. Shahidul Islam and others, 2011, 40 CLC (AD)

....large the respondent Nos.2-6 on bail to its satisfaction, if they submit bail bonds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ......he Deputy Commissioner, Brahmanbaria…………………..Petitioner Vs. Md. Shahidul Islam and others………….Respondents Order June 23, 2011. Result: The Leave is granted. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by Mrs. Mahmuda Begum, Advocate-on-......in Ahmed J Md. Shamsul Huda J The State, represented by the Deputy Commissioner, Brahmanbaria…………………..Petitioner Vs. Md. Shahidul Islam and others………….Respondents Order June 23, 2011. Result: The Leave is granted. Lawyers Involved: Mahbubey Alam, A..

Category: Criminal Law | Date: | Hits: 69

State Vs. Lieutenant Colonel Syed Farook Rahman (Rtd.) and others, 2011, 40 CLC (HCD)

....executed, and therefore, these petitions have been abated. In view of the submission of the learned counsel, these petitions are dismissed as being abated. Ed. This Case is also Reported in: ......etition No. 319 of 2009) Major A.K.M. Muhiuddin Ahmed……………..Respondent (In Criminal Petition No. 320 of 2009) Order: January 11, 2011. Result: The Petitions are dismissed. Lawyers Involved: Mahbubey Alam, Attorney General (Chief State) with Anisul Huq, Senior Advocate,......or (Rtd.) Bazlul Huda……………………….Respondent (In Criminal Petition No. 319 of 2009) Major A.K.M. Muhiuddin Ahmed……………..Respondent (In Criminal Petition No. 320 of 2009) Order: January 11, 2011. Result: The Petitions are dismissed. Lawyers Involved: Mahbu..

Category: Criminal Law | Date: | Hits: 85

Director General, Bangladesh Railway and others Vs. Sher-e-Bangla Market Dokander Bohumukhi Samobaya Samity Ltd., 2012, 41 CLC (AD)

.... appreciation of the facts and circumstances of the case. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......Bohumukhi Samobaya Samity Ltd., represented by its Secretary, Abdur Rashid Howlader and another………………Respondents Judgment March 5, 2012. Result: The petition is dismissed. Lawyers Involved: Shaheed Alam, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-...... appreciation of the facts and circumstances of the case. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 70

Chutta Miah Vs. State, 2004, 33 CLC (HCD)

.... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ......ioner Vs. State………………..Opposite Party Judgment July 21, 2004. Result: The Rule is made absolute. Case referred to- Nazrul Islam @ Munto Vs. State, 1999 BLD 188. Lawyers Involved: Md. Rafiqul Hossain with Saifur Rahman ‑ For the Petitioner. Md. Rabiul Ka...... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ..

Category: Criminal Law | Date: | Hits: 68

Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)

....d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......te Vs. The Divisional Special Judge, Khulna Division, Khulna and another, 1992 12 BLD (AD) 166; Md. Serajul Islam alias Seraj Motbar and others Vs. Keramat Ali Bhuiyan and another, 47 DLR (AD) 64. Lawyers Involved: Yousuf Hossain Humayun, Advocate – For the Accused Petitioners. Md. Helalu......d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607...

Category: Criminal Law | Date: | Hits: 86

Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)

....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......Hussain Haider J Azad Hossain (Md) .............Petitioner Vs. State………………………………Opposite Party Judgment May 5, 2003. Result: The Rule is made absolute. Lawyers Involved: AKM Shafiuddin with Binod Kumar Agarwal , Advocates ‑ For the Petitioner . ......report of the Magistrate is based on unimpeachable evidence. We ourselves had to examine this aspect of the case as the same was not done by the learned Tribunal and more so, when the validity of the Order of Conviction depends on the identity of the petitioner. 11. Thus, considering the facts an..

Category: Criminal Law | Date: | Hits: 73

Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)

....the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......med.............Accused Petitioner Vs State, represented by the Deputy Commissioner ................... Opposite Party Judgment July 13, 2004. Result: This Rule is made absolute. Lawyers Involved: Dr. Kamal Hossain with M Amir‑ul Islam, Advocates ‑ For the Petitioner. ......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ..

Category: Criminal Law | Date: | Hits: 81

Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)

....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......esented by the Secretary Ministry of Local Government, Rural Developments and others, 11 BLT 65; Writ Petition No. 4855 of 2001 and Civil petition for leave to appeal No. 651 of 2002 (Unreported). Lawyers Involved: Rokonuddin Mahmud with Kazi Zinat Haque, Advocates ‑ For the Petitioners. ......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595...

Category: Employment/Service Law | Date: | Hits: 125

Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)

....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588....... Kar, AIR 1956 Cal 613; Makhan Lal Vs. Ghulam Hussain, AIR 1933 Lahore 536; Abdulla and others Vs. Abdul Karim and others, 20 DLR (SC) 205; Sultana Jute Mills Ltd Vs. Agrani Bank, 46 DLR (AD) 147. Lawyers Involved: Sayyid Shahid Hossain with Rani Akhter ‑ For the Appellant. Rafique‑ul H......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588...

Category: Civil Law | Date: | Hits: 109

Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)

....e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ......der and others............... Respondents Judgment January 14, 2003. Result: The appeal is allowed. Cases referred to- Nur Mohammad Vs. Jogendra Kumar Dutta and others, 28 DLR 7. Lawyers Involved: Abdul Quqyum, Advocate ‑ For the Appellants. No one ‑ For the Respondent......nced by law. 4. Appointment of the receiver is not a matter of causal exercise of power by the Court. The Court can appoint a receiver for a disputed property only when the conditions laid down in Order XL of the Code of Civil Procedure are fulfilled. A man in rightful possession of a property sh..

Category: Civil Law | Date: | Hits: 89

Hasan Rony Vs. State, 2004, 33 CLC (HCD)

....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......iled to substantiate the same. 10. This confession must be taken as a whole and should be judged whether any part of it is contradictory if there are sufficient grounds for doing so. Taylor in his Law of Evidence, 11th edition, Article 725 puts in to the general law of admission with regard to cr......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ..

Category: Criminal Law | Date: | Hits: 128

Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)

....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......thers, 15 DLR (SC)181; Begum Lutfunnessa Vs. Bangladesh, 1990 BLD (AD) 103 = 42 DLR (AD) 86; Cf. Utility Services Corporation of Pakistan Ltd Vs. Punjab Labour Appellate Tribunal, PLD 1987 SC 447. Lawyers Involved: Rokanuddin Mahmud with Khan Saifur Rahman and Masood R Sobhan, Advocates ‑ Fo......0 passed by the Bankruptcy Court at Dhaka in Bankruptcy Suit No. 27 of 2000 is hereby declared to have been made and/or passed without any lawful authority and of no legal accordingly, is quashed. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Respondent No..

Category: Others | Date: | Hits: 185

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

....passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observa­tion made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. .........Respondents Judgment October 27, 2011. Result: The Civil Petition for Leave to Appeal is dismissed. Case Referred to- Rafiqul Alam Vs. Mustafa Kamal, (1990) 42 DLR (AD) 137. Lawyers Involved: Mahbubuddin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observa­tion made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ..

Category: Election Law | Date: | Hits: 250