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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. ......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......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. ..

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. ......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......eclared to be ultra vires of Article 133 of the Constitution as such illegal and without lawful authority and the impugned order No. 7(2) Shu: Va: Pro‑3/2000/613 dated 20‑8‑2000 as corrected by Order dated 28‑8‑2000 collectively marked as Annexure‑E to the writ petition issued by the res..

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

Grameen Telecom Vs. Dr. Rowshan Alam and others, 2010, 39 CLC (AD)

....y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ......ameen Telecom..................................Petitioner Vs. Dr. Rowshan Alam and others ...............Respondents Judgment October 25, 2010. Result: The petition is dismissed. Lawyers Involved: Md. Fazlul Karim, Senior Advocate (with Rokon Uddin Mahmood, Senior Advocate wi......is petition are that the plaintiff filed Title Suit No.73 of 2009 seeking declaration of title in the suit property. In the said suit, the petitioner filed an application on 24th February, 2010 under Order 1 rule 10(2) of the Code of Civil Procedure for addition of party. The plaintiffs filed two ap..

Category: Procedural Law | Date: | Hits: 115

Arefin Mehanati Bahomukhi Samabaya Samity Ltd. Vs. Additional Deputy Commissioner Revenue and others, 2010, 39 CLC (AD)

....petition is accordingly dismissed with cost of Tk. 5,000.00 to be paid by the learned Counsel for the petitioner. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 68, VIII ADC (2011) 155. ......ha J Arefin Mehanati Bahomukhi Samabaya Samity Ltd...................Petitioners Vs. Additional Deputy Commissioner Revenue and others..........Respondents Judgment October 6, 2010. Lawyers Involved: A.Q.M. Shafiullah, Advocate, instructed by Mr. Mahbubur Rahman, Advocate-on-Rec......petition is accordingly dismissed with cost of Tk. 5,000.00 to be paid by the learned Counsel for the petitioner. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 68, VIII ADC (2011) 155. ..

Category: Property Law | Date: | Hits: 58

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.......€¦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......y. A review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected, but lies only for patent error. A Court can review its judgment on the grounds available under Order XLVII Rule 1 such as, (a) discovery of new and important matter or evidence, which after exerc..

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....... 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......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...

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.......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......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...

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. ......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-......ession of the case property on 26.01.1984 through Court and that the Government, a defendant in the aforesaid Title Suit No. 121 of 1981, though filed an application for restoration of the case under Order 9 Rule 13 of the Code of Civil Procedure, registered as Miscellaneous Case No. 218 of 1986, an..

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. ......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......e provision of section 25(7) Government fixed up tariff values for certain item and duly notified the tariff value so fixed by notification in the official Gazette in the form of Statutory Regulatory Order (SRO) being SRO No.2 of 1996 Cus dated 18-9-96. The said SRO was challenged on the ground that..

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.......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......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...

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. ......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......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. ..

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.......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......ity calling for interference by this Court exercising revisional power. 8. The learned Counsel appearing for the petitioner has placed before me the impugned order as well as the application under Order 10 of the Code of Civil Procedure as well as the written objection filed thereto by the contes..

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.......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......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...

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. ...... 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......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. ..

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.......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......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...

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. ......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......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. ..

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. ......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-......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. ..

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. ......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......place on 22.06.1999 electing the Managing Board for 3 years i.e., up to 31.12.2001 and that the President of the Society in exercise of the power under Article 9(1) of Bangladesh Red Crescent Society Order, 1973, hereinafter referred to as the Order, appointed an Ad-hoc Managing Board under Article ..

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. ......€¦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......neral 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 appeal has been filed against an order d..

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. ......……..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......gree with the concurrent findings of fact of the Courts below. In the case of Abu Bakkar Vs. Nazir Ahmed reported in 34 DLR (AD) 237, it was held that, "Section 95 has been amended by the President's Order No. 88 of 1972 with effect from 3 August 1972, but this amendment did not touch the period of ..

Category: Property Law | Date: | Hits: 60