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Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)

....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......, Khulna to show cause as to why the order dated 22­10‑2001 passed by the learned Additional Sessions Judge, 4th Court, Khulna and Special Judge in Special Case No. 13 of 2001 rejecting the prayer for withdrawal of the prosecution against the accused petitioner should not be set aside. 3. ......herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......s Judgment March 11, 2002. Cases Referred to- Tashinuddin Talukder Vs. State 25 DLR 174; Sreemati Prativa Rani Dey Vs. Dr Md Yusuf 2000 BLD (AD) 54 = 52 DLR (AD) 8. Lawyers Involved: SM Obaidul Haque, Advocate-For the Petitioner. Md Abdur Rouf Deputy ..

Category: Criminal Law | Date: | Hits: 56

State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)

....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......nd Jail Appeal No. 817 of 2001. Judgment SK Sinha J.- This reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 1st Court Khulna for confirmation of sentence of death awarded to the condemned prisoners Ershad Ali Sikder, Faruk Ja......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......aha Vs. King, 2 DLR (PC) 39, War Ali Vs. State 14 DLR SC 174. GS Bokshi Vs. State AIR 1979 SC 569, Pira Singh Vs. State of Punjab, AIR 1969 SC 961, Lachhi Ram Vs. State of Punjab, AIR 1967 SC 792. Lawyers Involved: Nikhilesh Dutta, Assistant Attorney-General with Mohammed Abdul Baset, Assistan..

Category: Criminal Law | Date: | Hits: 110

Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)

....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......ed relationship which existed between two families living in same homestead resulted in extermination of eldest member and head of one family Ismail Kha. The consequent Judicial verdict of conviction for offence of sections 302/34 of The Penal Code and sentence of imprisonment for life upon three (3......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......alias Jambu Vs. State, 33 DLR 5; Birendra, Kumar Gosh Vs. King Emperor, AIR 1925 PC 1; Mahbub Shah Vs. Emperor, AIR 1945 PC 118; Chand Mia alias Chan Mia Mondal and others Vs. State 42 DLR (AD) 3. Lawyers Involved: Muzibur Rahman with Syed Ziaul Karim, Advocates-For the Appellants. Mohammed..

Category: Criminal Law | Date: | Hits: 54

Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)

....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......œ...................the appellants argument that by receiving the same scale of pay the Preventive Officer and Appraisers have become members of the same grade with effect from 26‑6‑1983 and therefore the Preventive Officers became senior as a Class to those who have been appointed directly as A......r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......h Vs. Bangladesh 52 DLR (AD) 120; Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong & ors., 49 DLR (AD) 172; Mujibur Rahman Vs. Government of Bangladesh, 44 DLR (AD) 111. Lawyers Involved: Mainul Hosein with Md. Shamim‑ul-Alam-For the Petitioner. Abdur Re..

Category: Employment/Service Law | Date: | Hits: 116

Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)

....ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......Neki, AIR 1922 P.C.112. Lawyers Involved: Awlad Ali, Senior Advocate, instructed Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 383 of 2009. (From the judgment and order dated 28.7.2008 passed by the H......ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Md. Raisuddin and others .....................Respondents Judgment October 6, 2010. Case Referred To- Chhajju Ram Vs. Neki, AIR 1922 P.C.112. Lawyers Involved: Awlad Ali, Senior Advocate, instructed Md. Aftab Hossain, Advocate-on-Record-Fo..

Category: Property Law | Date: | Hits: 48

Ocean Containers Ltd. Vs. Government of Bangla­desh and others, 2002, 31 CLC (HCD)

....id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......ercial basis under certain conditions provided such undertaking was established in between the first day of July, 1995 and 30th June, 2000 (both days inclusive) and an application was made to the NBR for such tax exemption within 180 days from the date of commencement of its commercial production/op......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250....... Income tax Officer, Alleppey Vs. I MC Pon-noose and others, AIR 1970 (SC) 385; 53 CWN 596; AIR 1989 SC 501; Hansraj Vs. Dave, 1969 SCR 253; Nowab Gazzi Vs. Assistant Collector, AIR 1965 Audh 218. Lawyers Involved: Tania Amir, Advocate‑For the Petitioner. Mosharaff Hossain, Deputy Attorne..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)

....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......ahima Nasrin, Assistant Attorney-General-For the State Opposite Party No. 1. Rabeya Bhuiyan, with Sadiqun Nahar Papri, Shamsee Ara Begum, Majumder Saiful Islam and PC Guha, Advocates ‑ For the Informant. Criminal Miscellaneous Case No. 9087 of 2001. Judgment AK Badrul Haq J.- The claim......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......5 (SC) 969; Salahuddin Abdul Samad Shaikh Vs. State of Maharastra, 1996 Cri LJ 1368=AIR 1996 (SC) 1042; State Vs. MA Malik, 47 DLR (AD) 33; Shabeebul Hasan and another Vs. State, 22 DLR (Kar) 216. Lawyers Involved: Ajmalul Hossain, with Md. Aminul Islam Mondol and Affan Ahmed Siddiqi, Advocate..

Category: Criminal Law | Date: | Hits: 79

Syed Afsaruddin Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others, 2009, 38 CLC (AD)

....and thus there is no merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127. ...... 49 DLR (AD) 161. Lawyers Involved: M. I. Farooqui, Senior Advocate instructed by M.G. Bhuiyan, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 934 of 2008. (From the judgment and order dated 27.11.2007 passed by the ......and thus there is no merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127. ......ngladesh represented by the Secretary, Ministry of Works Vs. Jalil and others, 49 DLR (AD) 26; 48 DLR (AD) 10; 15 BLD (AD) 175; Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 49 DLR (AD) 161. Lawyers Involved: M. I. Farooqui, Senior Advocate instructed by M.G. Bhuiyan, Advocate-on-Record-..

Category: Property Law | Date: | Hits: 54

Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)

.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ...... the Board of Investment. 3. In course of business the petitioner company obtained an Indent on 22-8-94 (Annexure B) from Gardener Smith (South-East Asia) Private Limited, 37 Graig Road, Singapore for the import of 3,000 metric tons of Crude Degummed Soyabean Oil and the price quoted in the inden...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......Vs. Commissioner of Customs, 52 DLR (AD) 1; Mohammed Brothers Vs. Collector of Customs, 48 DLR (AD) 58; Collector of Customs, Chittagong and others Vs. Ahmed Hossain and 39 others 48 DLR (AD) 195. Lawyers Involved: Zainul Abedin with AKM Quiyum Khan, Advocates—For the Petitioners. Md. Baz..

Category: Fiscal/Taxation Law | Date: | Hits: 79

Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)

....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......ent. Criminal Miscellaneous Case No. 2786 of 1995. Judgment SK Sinha J.- Points involved in this Rule are, whether a Magistrate can initiate a proceeding under section 188 of the Penal Code for alleged violation of his order without making a formal complaint and that whether a revision pet......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......an J SK Sinha J Abdul Ahad @ Md. Abdul Ahad…..………….Petitioner Vs. State ……………………………………………………..Respondent Judgment May 29, 2000. Lawyers Involved: Md. Miftahuddin Chowdhury, Advocate—For the Petitioner. Shueb Ahmad, Ass..

Category: Criminal Law | Date: | Hits: 57

Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)

....estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......ese two reference, applications have been filed by the Revenue under section 160 of the Income Tax Ordinance, 1984 which arose out of two orders of the same nature in respect of ITA No. 55 of 1994-95 for the assessment year 1989-90 and ITA No. 552 of 1994-95 for the assessment year 1990-91 passed by......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......ry J Md. Abdul Aziz J Commissioner of Taxes……………… Applicant Vs. Bangladesh Rural Advancement Committee (BRAC)……………..Respondent Judgment February 3, 1999. Lawyers Involved: Md. Aftabuddin, Advocate — For the Applicant. Syed Ishtiaq Ahmed, Advocate..

Category: Fiscal/Taxation Law | Date: | Hits: 99

Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)

....In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......hid Alam Khan, Advocate — For the Opposite Parties. Civil Revision No. 3011 of 1995. Judgment Qazi Ebadul Hoque J. - This application appears to be out of time by 399 days. The explanation for delay is that the petitioner wrongly filed Miscellaneous Appeal No. 80 of 1994 before the Distri......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......r and another, PLD (Dhaka) 1968 at page 557; Faziul Khan vs. Agrani Bank and others, 45 DLR 375; Shorab Merwanji Modi and another vs. Mansata Film Distributors and another, AIR 1957, Cal page 727. Lawyers Involved: Mahmudul Islam, Advocate — For the Petitioner. Md. Khurshid Alam Khan, Adv..

Category: Property Law | Date: | Hits: 57

Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman DD, Bureau of Anti Corruption, Dhaka and others, 1998, 27 CLC (HCD)

....sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 145.......ed the respondent No. 1, namely, the Deputy Director, Bureau of Anti-Corruption, to state the reasons and purpose of seizure of the documents. The respondent No. 1 failed to give satisfactory reasons for seizure of the documents. The petitioner after receiving the order made application to the Distr......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 145.......ir Husain J Arab Bangladesh Bank Ltd…………..Petitioner Vs. Md. Shahiduzzaman DD, Bureau of Anti Corruption, Dhaka and others…………Respondents Judgment February 12, 1998. Lawyers Involved: Rafique-ul Huq with Zafarullah Chowdhury, Advocate — For the Petitioner. N..

Category: Criminal Law | Date: | Hits: 41

Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)

....1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......dent is entitled to the leasehold right in respect of the shop No. 49 in the ground floor of Baitul Mokarram as a lawful heir and successor of late Md. Ismail. 2. Plaintiff Khairunnessa filed the aforesaid title suit for a declaration that she was entitled to continue as a lessee of shop No. 49 i......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ...... Islamic Foundation Bangladesh ……….Petitioner Vs Firoz Alam and others………Opposite Parties Judgment May 20, 1997. Cases Referred To- 32 DLR (AD) 170 and 44 DLR (AD) 1. Lawyers Involved: Md. Rawshan Ali, Advocate — For the Appellant. Mustafa Niaz Mohammad, Advo..

Category: Property Law | Date: | Hits: 116

Mainul Haque (Md.) Vs. Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, 1998, 27 CLC (HCD)

....efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 136.......ory retirement from service of the petitioner (Annexure-N) should not be declared to have been made without lawful authority and is of no legal effect and that the petitioner be not reinstated in his former post with all arrear salaries and other allowances as admissible to him in law. 2. The pet......efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 136.......lic of Bangladesh, Bangladesh Secretariat Dhaka and others………Respondents Judgment October 26, 1998. Case Referred To- Mir Alauddin Ahmed vs. Province of East Pakistan, 26 DLR 27. Lawyers Involved: Md. Nawab Ali with Md Abdus Sattar, Advocates — For the Petitioner. Ashraf..

Category: Employment/Service Law | Date: | Hits: 72

Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)

....ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......peal No. 72 of 1988 reversing the judgment and order dated 29-9-88 passed by the Assistant Judge, Gobindaganj, in Miscellaneous Case No. 64 of 1984 disallowing pre-emption. 2. Short facts relevant for the purpose of the case are that, opposite party Nos.1 and 2 as pre emptors filed a case land un......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......Civil) Present: Gour Gopal Saha J Tahera Khatun Bibi and others……….……Petitioners Vs. Abdul Jalil Mandal and others……....Opposite Parties Judgment June 11, 1998. Lawyers Involved: Mozaffar Hossain, Advocate — For the Petitioners. Mansur Habib with Zainul..

Category: Property Law | Date: | Hits: 56

Mukit and others Vs. State, 2011, 40 CLC (AD)

....in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......o. 519 of 2010. (From the judgment and order dated 26th October, 2008 passed by the High Court Division in Criminal Appeal No. 2213 of 1997.) Judgment Surendra Kumar Sinha J. - This petition for leave to appeal is directed against the judgment and order dated 26th October, 2008 of a Divisio......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......mel Hossain J Surendra Kumar Sinha J Mukit and others……………..............Petitioners Vs. The State…………………………….Respondent Judgment January 3, 2011. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-..

Category: Criminal Law | Date: | Hits: 49

A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)

....ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......y Sayed Mahbubur Rahman, Advocate-on- Record- For Respondent. Mr. Md. Nawab Ali, Advocate-on- Record- For Respondent Nos. 4 and 5. Not represented-For Respondent Nos. 3, 6-9. Civil Petition for Leave to Appeal No. 1273 of 2003. Judgment Mohammad Fazlul Karim J.- The writ-respondent-p......ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......eral of Bangladesh Red Crescent Society, Attorney and others………………......Petitioners Vs. Md. Asgar Ali and others……………......Respondents Judgment November 19, 2003. Lawyers Involved: T.H. Khan, Senior Advocate, (A.M. Mahbubuddin, Advocate with him), instructed b..

Category: Civil Law | Date: | Hits: 116

State Vs. Mukta Khan and another, 2011, 40 CLC (AD)

....ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ......shanko Shekor Sarker, Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. AKM Shahidul Huq, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No. 507 of 2010. Order ABM Khairul Haque CJ. - This petition for leave to ......ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ......€¦â€¦â€¦â€¦......Petitioner Vs. Mukta Khan and another……………………..Respondents Judgment February 1, 2011. Case Referred To- State Vs. Zakaria Pintu, 62 DLR (AD) 420. Lawyers Involved: Shashanko Shekor Sarker, Deputy Attorney General instructed by Mrs. Sufia Khatu..

Category: Criminal Law | Date: | Hits: 55

Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)

....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ......4 DLR (AD) 237. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate instructed by Aftab Hossain, Advocate-on-Record- For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 885 of 2005. Judgment MM Ruhul Amin J. - This petition for leave to ap......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ......……..Petitioners. Vs. Md. Ziauddin Khan & others………………….....Respondents Judgment May 15, 2007. Case Referred To- Abu Bakkar Vs. Nazir Ahmed, 34 DLR (AD) 237. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate instructed by Aftab Hossain, Advocate-on-Rec..

Category: Property Law | Date: | Hits: 60