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Government of the People's Republic of Bangladesh Vs. Dr. Prodip Kumar Roy and others, 2012, 41 CLC (HCD)

....The order of statue quo granted by this Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 231. ......� সম্পত্তি যতটুকু জড়িত ততটুকু বাবদ মামলাটি আপনা আপনি abated বলিয়া গণ্য হইবে; “The force of sub Rule (1) "ka" of section 13 provides that any litigation pending before any C......The order of statue quo granted by this Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 231. ......t has nothing to decide upon the question involved in the Rule. The Rule stood abated as a whole by statute and that cannot be re-opened by any Court of law so long the statute remains in force. Lawyers Involved: Md. Jahangir Alam, Assistant Attorney-General—For the Petitioner. ..

Category: Property Law | Date: 7 Oct, 2012 | Hits: 5

Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)

....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......pass such other order or orders as to this Court may seem fit and proper. 2. Pending hearing of the rule, all further proceedings of the above mentioned case were stayed. 3. Facts necessary for disposal of the rule are that the accused-petitioner is a Senior Advocate of the Bangladesh Supr......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......BLC 26; 15 BLC 107; Anti-Corruption Commission Vs. Shamima Begum, 62 DLR (AD) 277; Anti-Corruption Commission Vs. Nargis Begum, 62 DLR (AD) 279; Habibur Rahman Mollah Vs. State, 62 DLR (AD) 233. Lawyers Involved: Rafiq-ul-Huq with Maudud Ahmed, Advocate appearing in person Ahsanul Karim mi..

Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95

Mirza Abbas Vs. State, 2012, 41 CLC (HCD)

....earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ......al-Mamun, Deputy Attorney-General-For the State. Criminal Miscellaneous Case No.41178 of 2012. Judgment Quamrul Islam Siddiqui J. - The petitioner has moved this petition with a prayer for direction upon the respondents not to arrest or harass the petitioner without due process of law......earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ......ccused-Petitioner Vs. State…………….................Opposite-Party Judgment October 4, 2012. Result: The application is disposed of. Lawyers Involved: Md. Zainul Abedin, Senior Advocate with Md. Sagir Hossain, Advocate—For..

Category: Criminal Law | Date: 4 Oct, 2012 | Hits: 7

Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)

....of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......judgment and order dated 7-3-2007 passed by the High Court Division in Writ Petition Nos.5590 and 5539 of 2004). Judgment SK Sinha J. - These appeals arise out of the same judgment and therefore they are disposed of by this judgment. Agrani Bank obtained a preliminary decree against w......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ...........Appellant Vs. Anwarul Bashir Khan and others…........Respondents Judgment October 3, 2012. Result: The appeals are disposed of with observations. Lawyers Involved: Md. Zafar Ullah Chowdhury, Advocate, instructed by Sufia Khatun, Advocate-on-..

Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5

Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)

....nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......t, seeking condonation of delay in calling, holding and conducting the 13th Annual General Meeting (AGM) of the Respondent No.1 (herein after referred as 'the Bank'). 2. Facts, in short, for the disposal of the matter are that one Md. Abdul Mia, a shareholder of the Bank holding 112 sha......nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......y either division of the Supreme Court shall binding on all courts subordinate to it. All authorities, executive and judicial, in the Republic shall act in aid of the Supreme Court......... (26) Lawyers Involved: Shamim Khaled Ahmed, Advocate with Syed Hasan Zobair, Advocate—For the ..

Category: Company Law | Date: 2 Oct, 2012 | Hits: 14

Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)

.... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......535; State Vs. Monu Mian and others, 54 DLR (AD)(2002)60; Mizazul Islam @ Dablu Vs. State, 41 DLR (AD) 157; Shahid Mia and another Vs. The State and another; 60 DLR (HCD) 371; AIR 1972 (SC) 535. Lawyers Involved: S.M. RezaulKarim, Advocate With Md. Abdur Razzak, Advocate and Ms. Afifa Begu..

Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3

Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)

....s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ......ncing him to suffer rigorous imprisonment fourteen years and seven years respectively with a direction to run both the sentences concurrently. 2. The prosecution case as projected in the first information report (briefly as FIR) and unfurled at trial are that on the basis of secret information ......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ...... Vs. State 51 DLR 83; Iftekhar Hasan Choudhury (Md.) Vs. State 47 DLR 451; Md. Harisuddin Vs. State 20 BLD 576; Md. Alauddin Vs. State 22 BLD 256=7 BLC 54; Muslimuddin Vs. State 38 DLR (AD) 311. Lawyers Involved: SM Shahajahan, Advocate with Md. Mohinur Rahman, Advocate—For the Appel..

Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10

Nazrul Islam Vs. State, 2012, 41 CLC (HCD)

....ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......(3) Special Court, Dinajpur in Special Court Case No.97 of 1996 should not be quashed or such other or further order or order passed as to this Court might seem fit and proper. 2. Facts relevant for purpose of disposal of the instant Rule, in short, are that on 15-3-1996 informant Asma Khatun (......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ........................Accused-Petitioners Vs. State............................................Opposite-Party Judgment August 29, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears—For the Petitioners. Bishmadev Chakraborty, Deputy ..

Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8

Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)

....arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ...... When a title suit is filed later than a criminal case has already been disposed of in that case there is no bar to proceed with the criminal case........ (7) Criminal Proceedings should not run for an indefinite period It is well settled that the criminal proceedings should not be at all ......arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ......gs should not run for an indefinite period It is well settled that the criminal proceedings should not be at all have indefinite period for the cause of pendency of civil suit......... (10) Lawyers Involved: No one appears—For the Petitioner. Md. Ensan Ullah Shaikh, Assista..

Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9

Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)

....f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ...... of 1998 convicting the appellant Khasru Ahmed of the offence punishable under Section 19 (a) read with section 19A of the Arms Act, 1878 and sentencing him thereunder to suffer rigorous imprisonment for 10 (ten) years. 2. P.W.1 SI Md. Mustafa Kamal lodged a FIR with local Comilla Police Statio......f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ......nt case Police officials proved the case of recovery of firearm from the possession of the convict appellant by such unimpeachable evidence……………….. (15) Lawyers Involved: No one Appears—For the Appellant. Bishmadev Chakrabortty, Deputy A..

Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8

Kamal Vs. State, 2012, 41 CLC (HCD)

....wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ......e is also Reported in: 18 BLC (HCD) (2013) 145. ......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ...... Nidan Ali Vs. State, 4 BLC at page 264; Zillur Rahaman alias Zillur Vs. State, 6 BLC page 254; Uzzal and Golam Rasul alias Mamun Vs. the state, 15 MLR 311;SM Kamal Vs. State, 6 BLC 123. Lawyers Involved: ZH Bhuiyan, Advocate—For the Petitioner. Md. Abdul Khaleque, Assis..

Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2

Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......f the Telecommunication Regulation Guideline and without giving the petitioner scope to defend themselves. ............ (13) Section 6 (3) of the VAT Act, 1991 specifies the time when VAT for the services becomes payable. Since no service has been provided by renewal of license no VAT is......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......r 41 DLR (AD) 30; Solicitor Vs. Syed Sanwar Ali 27 DLR (AD)16; Tabarak Ali Sikder Vs. Administration of Waqfs 45 DLR 70; Ali Ekabbar Vs. Bangladesh 47 DLR (AD) 394;1958 PLD 73 (FB); 1975 PLD 69. Lawyers Involved: Rokanuddin Mahmud, Md. Asaduzzaman, Imtiaz Uddin Ahmad Asif and Nazmun Nahar ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19

Tapan and others Vs. State, 2012, 41 CLC (AD)

....ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ......ere were sufficient evidence against the petitioners in support of the charge, it is not clear from the materials on record that all the petitioners have shot at the victim or that who is responsible for the cause of death. The evidence in this connection is superficial in nature. As there is n......ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ......al assailant we are of the view that the ends of justice would be met if the sentence of the petitioners is commutated to imprisonment for life………………(7) Lawyers Involved: Khondaker Mahbub Hossain, Senior Advocate, instructed by Mohammad Ali, Advoca..

Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4

Jnanendra Nath Barai Vs. The Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2012, 41 CLC (HCD)

.... at-once to the court concerned for information and necessary action. 33. Send back the Lower Court's Record immediately. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 3 ......o the issuance of the Rule, in brief, can be stated thus, the plaintiff-respondent-petitioner instituted a Title Suit being No.455 of 1978 in the Court of learned Senior Assistant Judge, Narail Sadar for declaration that the order dated 12.04.1978 passed by the defendant-appellant-opposite party no....... at-once to the court concerned for information and necessary action. 33. Send back the Lower Court's Record immediately. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 3 ......Court Division (Criminal Appellate Jurisdiction) Present: Soumendra Sarker J Jnanendra Nath Barai ..................Plaintiff- Petitioner Vs. The Secretary, Ministry of Law, Justice and Parliamentary Affairs and others.......................Defendant-Opposite Part..

Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3

Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)

....the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. .......613/58 Road No.28 (Old) Dhanmondi Residential Area, Dhaka in the 'Kha' list of the abandoned buildings published in the Bangladesh Gazette dated 23-9-1986 at page 9764 (15) at serial No.7 and prayed for direction to release the said property from the list. 3. The case of the respondents was th......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......inistry of Works Vs. Md. Abdul Jalil, 48 DLR (AD)10; CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 71; Bangladesh, represented by the Secretary, Ministry of Works Vs. Helal Uddin, 4 MLR (AD)140. Lawyers Involved: Rajik-al-]alil, Deputy Attorney-General, instructed by Zainul Abedin, Advocat..

Category: Property Law | Date: 8 Aug, 2012 | Hits: 84

Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......ication being No. 405 of 2009 and Income Tax Reference Application No. 233 of 2011 along with a Rule 198(ref) of 2001 filed by the same assessee-applicant, Padma Oil Co. Ltd. Have been taken together for hearing as both the matter involve the similar question of law and therefore disposed of by this......disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......e-Applicant Vs. Commissioner of Taxes...…………………Respondent Judgment August 7, 2012. Result: The Rule is disposed of. Lawyers Involved: Sarder Jinnat Ali, Senior Advocate with Md. Umber Ali, Advocate—For the..

Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5

Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)

....y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ...... Writ Petition No.5095 of 2012 is made absolute. Power of a Review Panel Neither PPA, 2006 nor PPR, 2008 has provided any authority upon a Review Panel to declare a company as pre-qualified for a particular project of any purchasing entity. Any company which can not meet the pre-qualificat......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ......unds under Rule 56(Ka) to file a formal complaint and schedule no-2 of the PPR clearly states that the complaint should be filed within 7 days after becoming aware of such grounds.......... (22) Lawyers Involved: Fida M Kamal with Raisuddin Ahmed—For the petitioners. (In Writ Petitio..

Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10

Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)

....d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......Petition Nos.698 of 2004, 1699 of 2004, 1700 of 2004 1695 of 2004, 1696 of 2004, 1697of 2004, 1405 of 2004, 1406 of 2004, 1407 of 2004, 1408 of 2004, 1409 of 2004 and 1410 of 2004 respectively before the High Court Division challenging the decision dated 03-3-2004 passed by the Chairman, T......d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ...... All appeals are dismissed. Cases Referred to- Secretary, Internal Resources Division, Ministry of Finance Vs. Nasrin Banu, 48 DLR (AD)171; Abdul Bashar Vs. Bangladesh, 50 DLR (AD) 11. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Md. Musfiqur Rahman, Advocate-on..

Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18

Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)

.... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ......volved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2536 of 2010. (From the judgment and order dated the 20th day of May, 2010...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ...... Yousuf Chowdhury (Md.)................Petitioner Vs. Md. Emran and another..................Respondents Judgment August 5, 2012. Result: The appeal same is dismissed. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Abdul Wadud Bhu..

Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40

Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)

....ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......is appeal the legality of the conviction of the appellant Yasin Rahman @ Rahman @ Yasin @ Titu Muzibur Rahman (Titu) given by the High Court Division under sections 302/109 and 120B of the Penal Code for the murder Jibran Tayyabi (Jibran) by setting-aside the judgment and order of acquittal passed b......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......LR 306; Mobarak Hussain Vs. State, 33 DLR 274; State Vs. Abdul Hatem, 65 DLR 431; State Vs. Nurul Haque, 45 DLR 306; Mobarak Hossain Vs. State, 33 DLR 274 and Nizam Hazari Vs. State, 53 DLR 475. Lawyers Involved: Anisul Haque, Senior Advocate (Fazlee Noor-Taposh, Advocate with him) instruc..

Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36

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