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Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)

....ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Abdul Malek…………………………………….....................Petitioner Vs. The Government of the Bangladesh, represented by the Secretary, Ministry of Communication, Secretariat Building, Ramna, Dhaka a......tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ......cate, instruct­ed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 362 of 2009. (From the judgment and order dated 1.6.2008 passed by the High Court Division in Writ Petition No.406 of 2004.) Judgment......tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ..

Category: Property Law | Date: | Hits: 58

Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)

....R 1927 Cal. 197; Haque Brothers Limited and others Vs. Shamsul Haque and others, 39 DLR 290. Lawyers Involved: Arifur Rahman, Advocate—For the Petitioner. Abdul Hameed Chowdhury with Mohammad Ali Zinnah, Advocates—For Opposite Party No.1. Civil Revision No. 1107 of 1993. Judgment ......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589.......nd another Vs. Shariatullah Biswas reported in 16 DLR 157. 9. Section 73 of the Evidence Act, 1872 runs as follows: “Comparison of signature writing or Seal with others admitted or proved: In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589...

Category: Property Law | Date: | Hits: 89

Nahar Shipping Lines Limited and another Vs. Homera Ahmed and others, 1999, 28 CLC (HCD)

....Ahsan, learned Advocate for respondent Nos. 1-3, submits that the main application under section 233 of the Companies Act, 1994 is liable to be summarily dismissed on the ground that the allegations made in the main application are unspecified, vague and indefinite and also for the reason that the p......une, 1999 filed by the petitioners within 6(six) weeks from date and the affidavit in compliance to be filed within 1(one) week thereafter. Ed. This Case is also Reported in: 52 DLR (2000) 585. ......and indefinite and, as such, it was liable to be rejected. 5. Perused both the applications and heard the learned Advocates in favour and against the aforesaid applications. It is noticed from the order-sheet that this Court by order dated 4-12-97 directed the respondents to show cause whether th......une, 1999 filed by the petitioners within 6(six) weeks from date and the affidavit in compliance to be filed within 1(one) week thereafter. Ed. This Case is also Reported in: 52 DLR (2000) 585. ..

Category: Company Law | Date: | Hits: 235

Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)

....Case is also Reported in: 52 DLR (2000) 583. ...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ......y-General—For the State. Criminal Miscellaneous Case No. 309 of 1998. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the judgment and order dated 10-7-97 passed by Additional Sessions Judge, Court No.3 Dinajpur in Criminal Revision No...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ..

Category: Criminal Law | Date: | Hits: 67

Government of Bangladesh and others Vs. Sontosh Kumar Shaha and others, 2009, 38 CLC (AD)

....Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ...... Paper-Book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ...... instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-2. Not represented-Respondent Nos. 3-4. Civil Petition for Leave to Appeal No. 1154 of 2009. (From the Judgment and order dated 05.02.2009 passed by the High Court Division in Writ Petition No. 2438 of 2004) Order...... Paper-Book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ..

Category: Employment/Service Law | Date: | Hits: 73

KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)

.... granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......his application and obtained the Rule. 12. The petitioner by filling a supplementary affidavit has further stated that after the issuance of the Rule in this writ petition, the Bangladesh Bank, in order to justify its action, has recently amended circular No.07 by circular No.1 dated 30-10-2000 (......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ..

Category: Business or Commercial Law | Date: | Hits: 208

Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)

....ounsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ......for Leave to Appeal is directed against the judgment and order dated the 19th day of August, 2009 passed by the High Court Division in Writ Petition No. 3354 of 2008 discharging the Rule vacating the interim order of stay. 2. The facts involved in the case, in short, are that in response to a Gov......Abdul Salam Mondal, Deputy Attorney-General instructed by Md. Mushfiqur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 51 of 2010. (From the judgment and order dated the 19th day of August, 2009 passed by the High Court Division in Writ Petition No. 3354......the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ..

Category: Others | Date: | Hits: 118

MA Hossain and others Vs. National Bank of Pakistan and others, 2010, 39 CLC (AD)

....Petition No.7046 of 2008 are that the writ-petition­er No.4 is the proprietor of M/S. Asian Poly & Box and the petitioners mortgaged their properties in favour of National Bank of Pakistan, Agrabad Branch, the writ-respondent No.1, in order to secure the loan obtained by him. On his failure to ......of application. As such, the Rules were rightly discharged by the High Court Division. In the result, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ......dvocate-on-Record-For the Petitioners (In all the cases) Not represented- the Respondents (In all the cases) Civil Petition for Leave to Appeal Nos. 1033-1035 of 2009. (From the judgment and order dated 08.04.2009 passed by the High Court Division in Writ Petition Nos.7046, 7047 and 7048 of......of application. As such, the Rules were rightly discharged by the High Court Division. In the result, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ..

Category: Property Law | Date: | Hits: 54

Anti-Corruption Commi­ssion Vs. Shamima Begum & others, 2009, 38CLC (AD)

....cts of the delegated authority in any Court; that the High Court Division erred in law interpreting sec­tion 26(2) and 27(1) of the ACC Act, 2004 and Rule 15(5) of the Emergency Powers Rules, 2007 read with section 109 of the Penal Code and passed order of stay of criminal proceedings out of miscon......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......or the Petitioner (In all cases). Mvi Md. Wahidullah, Advocate-on-Record—For the Respondents (In all cases). Civil Petition for Leave to Appeal Nos. 1658-59 of 2008. (From the judgment and order dated the 28th day of July, 2008 passed by the High Court Division in Writ Petition Nos. 10744......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ..

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

Badal Kanti Mitra Vs. Secretary, Ministry of Fisheries and Live Stock, 1980, 9 CLC (AD)

....is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ......ot no legal force. We do not find any illegality in the order of the High Court Division. In the result, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ......etitioner Not Represented-the Respondents. Civil Petition for Leave to Appeal No.246 of 1980. Judgment Shahabuddin Ahmed J.- This petition for special leave to appeal calls in question an order of the High Court Division dated 28.5.80 in Writ Petition No.696 of 1978 refusing to interfere......ot no legal force. We do not find any illegality in the order of the High Court Division. In the result, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ..

Category: Employment/Service Law | Date: | Hits: 126

Mainmunal Islam and others vs. The Collector of Customs and others, 2010, 39 CLC (AD)

.... Md. Muzammel Hossain J Mainmunal Islam.................Appellant (In Civil Appeal Nos.102-103 of 2000) Mahbub Alam.......................Appellant (In Civil Appeal No. 104 of 2000) M.A. Wadud........................Appellant (In Civil Appeal No. 105 of 2000) M/S. Shapla Traders............essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ......peals) Mrs. Nahid Yesmin, Deputy-Attorney General (Appeared with the leave of the Court)-For the Respondents. (In all the appeals) Civil Appeal Nos. 102-122 of 2000. (From the judgment and order dated 03.06.1998 and 12.01.1998 passed by the High Court Division in Writ Petition Nos.1015, 1......essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)

....I ADC (2011)124. ......- is to be deposit­ed within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......tructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-6. Not represented-For Respondent Nos. 7-43. Civil Petition for Leave to Appeal No. 389 of 2009. (From the judgment and order dated 20.10.2008 passed by the High Coin Division in Civil Revision No.1118 of 2004.) Order......- is to be deposit­ed within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ..

Category: Property Law | Date: | Hits: 104

Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)

....on. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......ing of the matter, we regret, we find no merit in the review peti­tion. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......huiyan, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Not Represented-For the Respondents. Civil Review Petition No. 31 of 2009. (From the judgment and order dated 3.8.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No.477 o......ing of the matter, we regret, we find no merit in the review peti­tion. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ..

Category: Property Law | Date: | Hits: 80

Government of Bangladesh and others Vs. Md. Enamul Kabir and another, 2010, 39 CLC (AD)

....ind no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ......d there­fore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ......etition No. 847 of 2010). Not represented-Respondent Nos.2-9 (In Civil Petition No. 847 of 2010.) Civil Petition for Leave to Appeal Nos.2515 of 2009 with 847 of 2010. (From the judgment and order dated 02.11.2009 and 18.03.2010 passed by the High Court Division in Writ Petition Nos. 9231 o......d there­fore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ..

Category: Others | Date: | Hits: 165

Advocate Alauddin Khan and others Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (AD)

....t is dismissed with the aforesaid observa­tion. Ed. This Case is also Reported in: VIII ADC (2011) 114. ......nings. Under such circumstances, this peti­tion for Review has got no substance and it is dismissed with the aforesaid observa­tion. Ed. This Case is also Reported in: VIII ADC (2011) 114. ......m, Senior Advocate with him, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Represented-the Respondent. Civil Review Petition No.137 of 2008. (From the Judgment and order dated 14.07.2008 passed by this Division in Civil Petition for Leave to Appeal No. 1768 of 200......nings. Under such circumstances, this peti­tion for Review has got no substance and it is dismissed with the aforesaid observa­tion. Ed. This Case is also Reported in: VIII ADC (2011) 114. ..

Category: Limitation Law | Date: | Hits: 165

Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)

....strict Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ...... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ......-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1 Not represented-Respondent Nos. 2-6. Civil Review Petition No. 159 of 2009. (From the judgment and order dated 24.03.2009 passed by the Appellate Division in Civil Petition for Leave to Appeal No.60 ...... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ..

Category: Trust/Waqf Law | Date: | Hits: 171

Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)

....AD) 57; Zamir Uddin Ahmed Vs. Ziaul Huq and others, 49 DLR 622; Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 56 DLR (AD) 73, Jamaluddin Vs. Saleha Khatoon and others, 3 MLR (AD) 284, Ganesh Trading Co Vs. Moji Ram, AIR 1978 SC 484, Lawyers Involved: Not represented— the Petitioners.......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ......d l(Ka) are the CS khatians, Exhibit 2 and 3 are the RoR khatians, Exhibit-4 is the certified copy of the plaint in Other Class Suit No. 213 of 1993 and Exhibit-4 (ka) is the certified copy of the order sheet of the suit. 10. Defendant No.1, Ayesha Khatun, filed 5(five) rent receipts of Munici......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ..

Category: Property Law | Date: | Hits: 126

State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)

....ns Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......shortly referred to as the Cr.P.C.) has been made by the learned Additional Sessions Judge, Jhalakati for confirmation of the sentence of death imposed upon seven persons in terms of the judgment and order dated 29-5-2006 passed in Sessions Case No.28 of 2006 for commission of the offence under sect......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ..

Category: Criminal Law | Date: | Hits: 224

Hiru Mia Vs. State, 2005, 34 CLC (HCD)

....jail appellant Hiru Mia for the offence punishable under sections 19(a) and 19(f) of the Arms Act and sentencing him there under to rigorous imprisonment for 10 years for the first count of offence read with section 19A of the Arms Act and to rigorous imprisonment for 7 years for the second count of......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......t Attorney-General—For the Respondent. Jail Appeal No. 245 of 2004 with Suo-Moto Rule No. 57(R) 2005. Judgment Sheikh Rezowan Ali J. - This jail appeal is directed against the judgment and order dated 8-1-2004 passed by the learned Additional Sessions Judge and Anti-Smuggling Tribunal, Sy......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607...

Category: Criminal Law | Date: | Hits: 63

Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)

....Cases Referred to- Shahidullah and another Vs. State, 1987 BLD (AD) 27; PLD 1960 (Dhaka) 697; Tafazzal Haque and another Vs. State, 1986 BLD 418; Hatu Mallik and others Vs. State, 19 DLR 662; Shahadat Hossain and others Vs. State, 39 DLR 72; Tara Singh Vs. State, AIR 1951 (SC) 441; Shah Alam and...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......4 of the Penal Code passed on 9-8-2001 in Session Case No. 18 of 2000. The condemned prisoner also preferred Criminal Appeal No. 3800 of 2001 and Jail Appeal No. 3203 of 2001 against the judgment and order of conviction and sentence. The reference and the criminal appeal including jail appeal are he...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ..

Category: Criminal Law | Date: | Hits: 91