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Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)

.... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ......ricts the construction of building and excavation of tank within the notified areas. The disputed land is admittedly included in the notified area. Section 3B of the said Act empowered the Authorized Officer to direct removal or dismantling any building constructed in breach of any terms or conditio..

Category: Property Law | Date: 15 May, 2011 | Hits: 100

Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)

....olved: Rabiya Bhuiyan with Rafiqur Rahman Patwary, Nikhil Kumar Biswas and Shahanara Bhuiyan-For the Convict-Petitioner. K.M. Zahid Sarwar, Deputy Attorney General with Monzu Naznin (Rosy), Assistant Attorney General-For the State. Criminal Miscellaneous Case No.1852 of 2007. Jud......nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......nning 35 weeks pregnancy. On that day her age could not be estimated as X-ray could not be done as so is contra indicated. 25. P.W. 9 Khondkar A. Razzak, inspector of Police. On 16.5.2000 he was Officer-in-charge of Keranigonj Police Station. On receiving the F.I.R. being lodged by Alauddin Bep..

Category: Women and Children | Date: 15 May, 2011 | Hits: 95

Mohammad Tayeeb and another Vs. Government of the People’s Republic of Bangladesh (Fatwa Judgment), 2011, 40 CLC (AD)

....authorized, is maintained. No order as to costs. This Case is also Reported in:                   ......authorized, is maintained. No order as to costs. This Case is also Reported in:                   ......tisfied with the steps taken by the respondent as stated in his affidavit-in-opposition. Let it, we hope, be the once for all warning to the other District Magistrates, the magistrates and the Police Officers.” 115. In view of the above, I find no other alternative but to give my own view..

Category: Civil Law | Date: 12 May, 2011 | Hits: 34

Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)

....ers Involved Yousuf Hossain Humayun, Senior Advocate with Md. Khairul Alam, Advocates - For the Petitioner. SK Zahid Sarwar, Deputy Attorney General with Md. Aminur Rahman Chowdhury (Tiku), Assistant Attorney General and Monzu Nazneen (Rosy), Assistant Attorney General - For the Opposite P....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ..

Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223

Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)

....aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11.     ......aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11.     ......ector, Public Bank dated 20-12-2002 certifying that the plaintiff holds 7585 shares being number from 1960221-1967805 was marked as Exhibit-6. 9. The defendant No.1 examined one of the Principal Officers of Bank named Parimal Kumar Das as D.W.1. The authorization letter issued by the Managing D..

Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9

Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)

....No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......tagong, Bangladesh. 2. The Harbour Master, Chittagong Port Authority, Chittagong, Bangladesh 3. The Commissioner of Customs, The Customs House, Chittagong, Bangladesh. 4. The Principal Officer, Mercantile Marine Department Chittagong, Bangladesh....Proforma Defendants. Judgment ..

Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70

Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)

....; PLD 1972 (SC) 81. Lawyers Involved: Sk Muhammad Serajul Islam, Advocate - For the Accused Appellant. KM Zahid Sarwar, Deputy Attorney-General with Md. Aminur Rahman Chowdhury (Tiku), Assistant Attorney-General and Monzu Naznin (Rosy), Assistant Attorney-General - For the State. ......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447...

Category: Women and Children | Date: 2 May, 2011 | Hits: 171

M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)

....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64

National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)

....d., a company. It is engaged in supplying SPC electric poles to different organizations after making those with cement, sand, stones and iron. It appears from a letter dated 14-02-1996, issued by the Assistant Commissioner of Customs, Excise and VAT, Dinajpur, the appellant No.4, that the respon­...... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ...... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ..

Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217

A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)

....mits that in the present case, the trial Judge proceeded on assumption and convicted the appellant on the basis of probability. He pointed that the appellant joined Naoapara godown on 17.8.1990 as an Assistant Sub-Inspector. According to his job description, he was not the custodian of the godown. T......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ......hereunder to suffer rigorous imprisonment for five years with a fine of Taka 11,53,364/- in default to suffer rigorous imprisonment for another one year. 2. Prosecution case, in brief, is that the Officer-in-charge of Naoapara food godown, Mirza Monwar Hossain was in charge of the said godown fro..

Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200

Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)

....………………........... Respondent Judgment April 17, 2011. Result: The appeal is allowed. Lawyers Involved: No one- For the appellant. Ms. Rona Nahrin, Assistant Attorney General-For the respondent. Criminal Appeal No.914 of 1996. Judgment ......o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......d her. In cross-examination he stated that among others the Chowkider, Dafadar, Member and Chairman had rushed to the house after commission of the occurrence, and that he stated to the Investigating Officer that in an earlier occasion appellant No.2 and the victim had gone together to Dhaka. He fur..

Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159

Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)

....d decree dated 15.5.2006 passed by the First Court of Joint District Judge, Gaibandha in Other Appeal No.40 of 2005 allowing the same and thereby reversing those dated 23.11.2004 passed by the Senior Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 decreeing the suit. 2. F...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 31 Mar, 2011 | Hits: 68

Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)

....ate ……………………………………………….Opposite party Judgment March 30, 2011. Lawyers Involved: S.M. Shahjahan Kabir, Advocate -For the petitioner. Bashir Ahmed, Assistant Attorney General-For the opposite party. Criminal Miscellaneous Case No. 4086 of 2004. ...... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ...... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ..

Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100

ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)

....ook the decision........................(39) Lawyers Involved: Main Uddin, Advocate—For the Appellant. Harunur Rashid, Advocate—For the Respondent No.2. Bashir Ahmed, Assistant Attorney-General with Md. Masud Hasan Chowdhury, Assistant Attorney-General Kazi Md. Mahmu......o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......or approval of a plan in respect of holding No.98 DIT road Malibagh under CS Plot No.642, of Mouza Khilgaon to construct a 15 (fifteen) storied building. But ATM Qamruzzaman Khan, the then Authorized Officer alone approved the said plan without placing the same before the Building Construction Commi..

Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3

Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)

....tate…………………………………..........Respondent Judgment March 22, 2011. Lawyers Involved: Md. Kamrul Alam (Kamal), Advocate-For the appellants. Bashir Ahmed, Assistant Attorney General-For the respondent. Criminal Appeal No. 7893 of 2009. Judgment ......to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77

Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)

.... Result: The appeal is allowed. Case Referred to- Suhel Rana Vs. State, 57 DLR 591. Lawyers Involved: Harunur Rashid, Advocate - For the Appellant. Hazi Ebadot Hossain, Assistant Attorney-General - For the State. Criminal Appeal No.1439 of 2006. Judgment ......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460...

Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165

Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)

....2 MLR 48. Lawyers Informed: Rafique-ul-Huq, Senior Advocate with Ms Nazmus Saliheen, Advocates —For the applicant Abdur Rahim Bhuiyan, Deputy Attorney General with Mahfuza Begum, Assistant Attorney General—For the respondent. Income Tax Reference Application No.433 o......any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......f the questions formulated in this reference it would be profitable to go through the relevant provisions of the Ordinance on this behalf. Section 52 BBB states:— "The Chief Executive Officer of a stock exchange shall collect tax at the rate of [zero point zero five percent (0.05%) o..

Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123

GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

.... case No.20 of 1985 pending before the subordinate judge 1st court Chittagong for the cause of withdrawal of Taka 3,60,000 from the account of HRC case No.224 of 1983 of the House Rent controller and Assistant Judge, 1st  court Chittagong ? ii) Whether the proceeding of other exe­cutio...... land in favour of appel­lants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ...... land in favour of appel­lants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ..

Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2

Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)

....ed calling in question the judgment and decree dated 07.08.2006 passed by the Joint District Judge, 1st Court, Feni in Title Appeal No.75 of 2004 reversing those dated 22.07.2004 passed by the Senior Assistant Judge, Feni in Title Suit No.06 of 1998 decreeing the suit. 2. The present petitioners a......ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ..

Category: Property Law | Date: 20 Mar, 2011 | Hits: 84

Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)

....and order dated 11.4.2001 passed by the Subordinate Judge (now Joint District Judge), Second Court, Satkhira in Miscellaneous Appeal No.38 of 1995 affirming those dated 17.9.1995 passed by the Senior Assistant Judge, Debhata, Satkhira in Miscellaneous Case No.16 of 1995 allowing the said case for pr......he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ......he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 20 Mar, 2011 | Hits: 59