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Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)

....persons there from and 3 other accused persons fled away; that being arrested the said accused persons disclosed that they used to work in Singapore and after return back home they were bringing into Bangladesh contraband goods in breach of prohibition or restriction on import by law through Chittag......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......; Amrik Singh Vs. State of Pepsu, AIR 1955 SC 309 Lawyers Involved: Jaynul Abedin, Advocate-On-Record-For the Petitioner. None Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 293 of 2009. (From the judgment and order dated 10.02.2009 passed by th......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ..

Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119

Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)

....s, Karachi 22 DLR(WP)99; Reazul Hoque Molla Vs. Afizullah Molla alias Shafiuddin Molla and others, 10 BLD (AD) 44; Shamsul Islam (Md.) Vs. Dhirendra Nath Paul and others, 2 BLC (AD) 96; Government of Bangladesh Vs. Sunil Kumar Kha, 10 BLC (AD) 153. Lawyers Involved: Abdul Quiyum, Advocate....... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ......plication under Order IX rule 13 of the Code two questions are primarily to be answered: (a) Whether summons were duly served on the defendant, and (b) Whether the defendant has suf­ficient cause for non appearance in spite of the service of summons on him. Mere appearance of the Government Ple....... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ..

Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111

Shabnam Vegetable Oil Industries Limited Vs. Commissioner of Customs (Import) and others, 2010, 39 CLC (HCD)

....oms duty should be levied on the basis of the duty which was in existence at the presentation of the Bill of Entry……………(26 & 28) Case Referred to- Esquire Electronics Limited Vs. Bangladesh, 59 DLR (AD) 91. Lawyers Involved:  Fida M. Kamal with Mr. Ashraful Hadi, Mr. ......4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 437. ......ct and why they should not be directed to assess the petitioner's goods imported under Letter of Credit No.5647141502 dated 21.05.2007 (Annexure-B) on the basis of the zero rate of Customs duty as in force on the date of presentation of the ex-Bond Bills of Entry dated 12.07.2007 (Annexure-G, G-1 an......4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 437. ..

Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134

Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

....J Md. Abu Tariq J Sayeda Nasima Sarwar, wife of Majibar Rahman Sarwar…………………………Petitioner Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka an...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ...... has in respect of their prima-facie satisfaction about the petitioner's involvement in aiding and abetting the principal accused may only be seen by the trial Court when the evidence is placed before it. At that stage the petitioner will have the opportunity to challenge the evidence produced b...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ..

Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103

Vice-Chancellor and Chancellor of the Syndicate, Sher-E-Bangla Agricultural University Vs. Asia Rahman Shova and others, 2010, 39 CLC (AD)

....passed by the High Court Division in Writ Petition No.9605 of 2008). Order Mohammad Fazlul Karim CJ. - This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judg­ment and order dated the 23rd day of November, 2009 pass......are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire. Ed. This Case is also Reported in: VII ADC (2010) 1008. ......tioners. A.F.M. Mesbahuddin Ahmed, Senior Advocate instructed by Md. Mazibar Rahman, Advocate-on-Record-For Respondent No.5. Not represented- Respondent Nos.1-4 and 6-9. Civil Petition for Leave to Appeal No.267 of 2010. (From the judgment and order dated the 23rd day of November......are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire. Ed. This Case is also Reported in: VII ADC (2010) 1008. ..

Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92

Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)

....on) Present: Md. Imman Ali J Md. Abu Tariq J Md. Tofazzel Hossain, Son of Late Hajee Asraf Ali and others……………………..Petitioner Vs. People's Republic of Bangladesh, represented by its Secretary, Ministry of Finance, Bangladesh Secretariat, Ramna, Dhaka......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......petitioners in availing Bank facilities pursuant to the alleged CIB Embargo noted as B-code 2614 and B-code 2615 imposed on 30-06-1998 in the ledger of CIB, Bangladesh Bank. 2. Relevant facts for disposal of the Rule, in short, are that the petitioners are the citizens of Bangladesh and the......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ..

Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7

Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)

....ited. Plaintiff informed defendant No.1 that Power of Attorney dated 15-6-1993 being deed No.6945 for the year of 1993 revoked by the deed dated 14-3-1994 duly notarised in London and attested by the Bangladesh High Commission in United Kingdom. These facts, plaintiff informed to all the defendants ....... 44.  In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ......nce came into existence some time after the disposal of the suit, the appellate Court would be justified in admitting the additional evidence even at the appellate stage, if the Court thinks that but for the additional evidence there would remain some inherent lacuna and defect in the evidence made ....... 44.  In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ..

Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13

Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Borhanuddin J Sheikh Hasina Wazed, alias, Sheikh Hasina, former Prime Minister of Bangladesh, wife of Dr. Wazed Ali Mia and daughter of the Father of the Nation Late Bangabandhu Shei......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......ed in: ......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228

Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....High Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Borhanuddin J Sheikh Hasina, Former Prime Minister and Chairman, ECNEC, Government of Bangladesh, daughter of the Father of the Nation, Late Bangabandhu Sheikh Mujibur Rahman, Village an......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka.....................Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabinet Division, Government of the People’s Republic of Bangladesh, Bangladesh ......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102

Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....High Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Borhanuddin J Sheikh Hasina, Former Prime Minister and Chairman, ECNEC, Government of Bangladesh, daughter of the Father of the Nation, Late Bangabandhu Sheikh Mujibur Rahman, Village an......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......nd Upazilla: Tungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka...... Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabinet Division, Government of the People’s Republic of Bangladesh, Bangladesh ......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131

Humayun Khan @ Md. Humayun Khan and another Vs. Anti Corruption Commission and Others, 2010, 39 CLC (HCD)

.... Commissioners of Customs and Excise Vs. Cure & Deeley Ltd., [1961] 3 All ER 641; Sales Tax Officer, Ponkunnam and another Vs. K.I. Abraham, AIR 1967 (SC) 1823; Aminul Islam & others Vs. Bangladesh Biman Corporation & others, 2 BLD (HCD) 1; Fazlur Rahman and 38 others Vs. Government......les is hereby vacated. Bail of the petitioners is cancelled. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 409. ......les are discharged. The Anti Corruption Commission Act, 2004 (Act No. V of 2004); Section 32 (1) & (2) The Anti Corruption Commission Rules, 2007; Rule 15 (2) When a Form is given for the purpose of conveying the sanction, then there cannot be any question of the sanction being m......les is hereby vacated. Bail of the petitioners is cancelled. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 409. ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145

State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)

....ivision (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J The State..............................Petitioner Vs. The Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others....Respondents. Judgment March 1, 2010. Result: ......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......and others....Respondents. Judgment March 1, 2010. Result: The Rule is disposed of with observations. The Penal Code, 1860 (XLV of 1860); section 82 It is a tragedy that the law enforcing agencies are unaware of the fundamental laws of the country, namely s. 82 of the Penal Code,......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ..

Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177

Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)

....2004. Thereafter the judgment debtors opposite parties entered appearance in the said Execution Proceedings on 15.5.2004 and prayed for staying the proceedings of the Execution Case. At that stage Bangladesh Shilpa Bank submitted an application on 17.5.2004 for adding him as a party and that was......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ...... The General Clauses Act, 1897 (Act No. X of 1897); section 5 Whether the Bankruptcy Act, 1997 is a retrospective legislation? The purpose of promulgation of the Bankruptcy Act was only for easy disposal of loan cases between financial institution granting loan and the loanee. After p......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..

Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7

Farida Begum Minu and others Vs. Abdul Jabbar being dead his heirs Md. Nurul Amin and others, 2010, 39 CLC (HCD)

....ames. Plaintiff No.1 and his brother Abdul Karim transferred 23 decimals land from the plot No.138 to Intezam and others and they have been owning and possessing that land. Thereafter Government of Bangladesh acquired 89 decimal land from the plot No.138 by L.A. Case No.159/61-62 Award was prepa......he order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ......dul Jabbar being dead his heirs Md. Nurul Amin and others………………………Opposite Party Judgment January 6, 2010. Result: The rule is discharged. In a suit for declaration of title and recovery of possession, the plaintiff must prove his title to and poss......he order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ..

Category: Property Law | Date: 6 Jan, 2010 | Hits: 8

Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)

....wo Paisa only) issued in favour of the respondent No.1 as securi­ty for CRAD Audit Objections raised against the petitioner (Annexure-F-1) 3. The facts of the case in brief are that Organon (Bangladesh) Limited, a pharmaceutical company was registered for VAT. The majority shareholder of O......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ......by Md. Wahidullah, Advocate-on-Record—For the Petitioner. Murad Reza, Additional Attorney General, instructed bv B. Hossain, Advocate-on-Record—For the Respon­dents. Civil Petition for Leave to Appeal No.2592 of 2010. (From the judgment and order dated 27.10.2010 passed by t......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ..

Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4

Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

....admitted that there was existence of Mondir in the suit lands. In course of cross-examination, he stated that he did not see the performing Kalipuja by the defendant-appellant after the liberation of Bangladesh and that the defendant whimsically maintains the income and expenditure of the deity'......he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......e deity on earth and is endowed with authority to deal with all its temporal affairs. In a Hindu religious endowment, the entire ownership of the dedicated property vests in the trustee, who holds it for the benefit of Cestui Que trust. The entire ownership of the dedicated property is transferred t......he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)

.........................................Respondents Judgment December 14, 2009. Cases Referred To- Abdul Majid Sarker (Md.) Vs. State and others, 55 DLR (AD) 1; Sree Mongal Chandra Nandi Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, 5 BLT (AD) 1; Rehana Begum and a......liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......) (2010) 584. ......liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ..

Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150

Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)

....me Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Surendra Kumar Sinha J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Education and another...............................ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ......eneral, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the petitioners.       Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent.  Civil Petition for Leave to Appeal No.1889 of 2009. (From the judgment and order dated 11.08.2009 passed by the ......ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ..

Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159

Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....urt Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Md. Moinul Islam Chowdhury J Rezaul Kabir (Md.) and another..................Petitioners Vs. Bangladesh and others........................Respondents Judgment November 22, 2009. ......ave been passed without any law­ful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19   ......dgment November 22, 2009. Result: The Rules are made absolute. Prior Show Cause Notice With Adequate Explanation It is fundamental principle of administra­tive law that before any order is passed which is likely to adversely affect a person it is essential that he be giv......ave been passed without any law­ful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19   ..

Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3

Human Right and Peace for Bangladesh (HRPB) and another Vs. The Mayor, Dhaka City Corporation and others, 2009, 38 CLC (HCD)

....n: ......onstruct a boundary wall which has been demolished by the contractor within such period. Stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: ......ed in: ......onstruct a boundary wall which has been demolished by the contractor within such period. Stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6