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Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)

....Al-Amin Vs. State 51 DLR 154. Lawyers Involved: Alhaj ABM Nurul Islam, Senior Advocate with Md. Giasuddin Ahmed and Elida Yeasmin, Advocates-For the Appellants. Md. Mosharraf Hossain Sarder, Deputy Attorney-General with Yesmin Begum Bithi, Assistant Attorney-General-For the Respondent. C......ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55.......Premsing, 2009 CrLJ (SC) 786; Sheikh Zakir Vs. State of Bihar, AIR 1983 (SC) 911; Al-Amin Vs. State 51 DLR 154. Lawyers Involved: Alhaj ABM Nurul Islam, Senior Advocate with Md. Giasuddin Ahmed and Elida Yeasmin, Advocates-For the Appellants. Md. Mosharraf Hossain Sarder, Deputy Attorney-Ge......e 51 DLR 154. Lawyers Involved: Alhaj ABM Nurul Islam, Senior Advocate with Md. Giasuddin Ahmed and Elida Yeasmin, Advocates-For the Appellants. Md. Mosharraf Hossain Sarder, Deputy Attorney-General with Yesmin Begum Bithi, Assistant Attorney-General-For the Respondent. Criminal Appeal N..

Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154

Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)

....ion. The present respondent No.1 and his agents raised objection verbally with regard to the acceptance of the nomination paper of the pres­ent petitioner to which the Returning Officer, i.e. the Deputy Commissioner of Narsingdi (Respondent No.6) did not pay any heed. Consequently, the responden......indings and observations, we do not find any merit in the leave petition. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ...... ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Kazi Mahmud J Nurul Majid Mahmood Humayun ....................Petitioner Vs. Brigadier General Hassan PSC (Rtd.) and others……Respondents Judgment October 7, 2010. Result: The lea......(Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Kazi Mahmud J Nurul Majid Mahmood Humayun ....................Petitioner Vs. Brigadier General Hassan PSC (Rtd.) and others……Respondents Judgment October 7, 2010...

Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8

Khurshed Alam Vs. Abul Kalam and others, 2010, 39 CLC (AD)

....ch, 2011 passed by the High Court Division in Civil Revision No. 2022 of 2007 making the Rule absolute. 2. Facts relevant to disposal of this petition for leave to appeal, in short, are that the Deputy Administrator of Waqf, Bangladesh by his order dated 30.05.2001 removed the present petitione......the Ordinance read with the waqf deed made by the Waqif. With the above observation this petition for leave to appeal is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 233. ...... Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Khurshed Alam..............................Petitioner Vs. Abul Kalam and others………………………Respondents J......the Ordinance read with the waqf deed made by the Waqif. With the above observation this petition for leave to appeal is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 233. ..

Category: Trust/Waqf Law | Date: 7 Oct, 2010 | Hits: 177

Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ......etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ......sh Limited, (formerly known as Sheba Telecom (Pvt) Limited)……………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others..........................Respondents Judgment October 7, 2010. Result: ......e and VAT Commissionarate, Chittagong (unreported decision). Lawyers Involved: Rokon Uddin Mahmud with, Md. Asaduzzaman, Advocates - For the petitioner. Murad Reza, Additional Attorney General, S.M. Moniruzzaman and Pratikar Chakma, Assistant Attorney General - For the respondent No. ..

Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174

State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)

................................Petitioner Vs. Md. Sayab Ali …………………………………………........Respondent Order October 7, 2010. Lawyers Involved: Motahar Hossain, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Rep......kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No.52 of 2009. (From the judgment and order dated 30.6.2008 passed by the High Court Division in Death Reference No.125 of 2004 with C..................Petitioner Vs. Md. Sayab Ali …………………………………………........Respondent Order October 7, 2010. Lawyers Involved: Motahar Hossain, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-For the..

Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126

Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....rruption Commission, Segun Bagicha, Dhaka on 22-4-2009 and 26-4-2009 holding that the allegations against the petitioner could not be established. 6. Thereafter on 16-6-2009, the respondent No.2 Deputy Director and Enquiry officer Anti-Corruption Commission, Dhaka again issued another notice up......order as to cost. The order impugned against is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 67. ......t Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Abul Kashem (Md.)............Petitioner Vs. Anti-Corruption Commission and others.....................Respondents Judgment October 5, 2010. Result: Th......his wealth and after a prolonged enquiry, the respondent No.1 finally submitted a report to respondent No.4 Director, Anti-Corruption Commission, Divisional Office, Dhaka and respondent No.5 Director General (Inquiry and Investigation) Anti-Corruption Commission, Segun Bagicha, Dhaka on 22-4-2009 an..

Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182

State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)

....titioner Vs. Tajul Sheikh @ Md. Tajul Shaikh and others...................Respondents Order September 28, 2010. Result: Leave is granted. Lawyers Involved: Biswajit Dev Nath, Deputy Attorney General, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Nah......ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ......airul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The State...................................................................Petitioner Vs. Tajul Sheikh @ Md. Tajul Shaikh and others...................Respondents Order September 28, 2010. Result: Leave is gra...... Tajul Sheikh @ Md. Tajul Shaikh and others...................Respondents Order September 28, 2010. Result: Leave is granted. Lawyers Involved: Biswajit Dev Nath, Deputy Attorney General, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Nahida Sultana, Adv..

Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15

Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)

....mentary Affairs and others, 30 BLD 369. Lawyers Involved: Dr. Naim Ahmed, Advocate with Abu Obaidur Rahman, Advocate & Ms. Abanti Nurul, Advocat-For the petitioners. Md. Motaher Hossain, Deputy Attorney General with Samarendra Nath Biswas, Assistant Attorney General & Md. Jahangir A...... (2011) HCD 36, 8LG (2011) HCD 1. ...... ......and others, 30 BLD 369. Lawyers Involved: Dr. Naim Ahmed, Advocate with Abu Obaidur Rahman, Advocate & Ms. Abanti Nurul, Advocat-For the petitioners. Md. Motaher Hossain, Deputy Attorney General with Samarendra Nath Biswas, Assistant Attorney General & Md. Jahangir Alam, Assistant A..

Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261

Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... and others, AIR 1992 Supreme Court 604.  Lawyers Involved: Md. Sultan Uddin, Advocate - For the petitioner. Syed Haider Ali, Advocate - For the respondent No.6. Md. Motaher Hossain, Deputy Attorney General with Samarendra Nath Biswas, Assistant Attorney General and Md. Jahangir Ala......nt be communicated to the IGP and to the Ministry of Home Affairs and other respondents at once.  Ed.  This Case is also Reported in: 63 DLR (HCD) (2011) 195; 30 BLD (HCD) (2010) 481. ...... Hassan J Hasura Begum……………………Petitioner  Vs.  Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of Bangladesh and others………………………Respondents  Judgment August 24, 2010.  Resu...... 1992 Supreme Court 604.  Lawyers Involved: Md. Sultan Uddin, Advocate - For the petitioner. Syed Haider Ali, Advocate - For the respondent No.6. Md. Motaher Hossain, Deputy Attorney General with Samarendra Nath Biswas, Assistant Attorney General and Md. Jahangir Alam, Assistant Att..

Category: Women and Children | Date: 24 Aug, 2010 | Hits: 187

Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)

....CC (Cri) 487; Ratan Singh Vs. State of Hariyana Prodesh, (1997) 4 SCC 161: 1997 SCC (Crl) 525. Lawyers Involved: Md. Shamsuddin, Advocate - For the appellants. Md. Mosharraf Hossain Sarder, Deputy Attorney General with Ms. Yesmin Begum Bithi, Assistant Attorney General- For the respondent.......sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......so Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......tan Singh Vs. State of Hariyana Prodesh, (1997) 4 SCC 161: 1997 SCC (Crl) 525. Lawyers Involved: Md. Shamsuddin, Advocate - For the appellants. Md. Mosharraf Hossain Sarder, Deputy Attorney General with Ms. Yesmin Begum Bithi, Assistant Attorney General- For the respondent.  Crimin..

Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227

S.M. Saiful Hasan Vs. Director General, Bangladesh Sugarcane Research Institute and others, 2010, 39 CLC (HCD)

....and was placed with the then Sugarcane Research and Training Institute (now, Bangladesh Sugarcane Research Institute) (in short, BSRI). That the petitioner was subsequently promoted to the post of Deputy Chief Publication Officer on 19.7.1986 on ad-hoc basis and later he was regularised with eff......here will be no order as to costs. The order of stay granted earlier by this court stands vacated. Zubayer Rahman Chowdhury J. - I agree. Ed. This Case is also Reported in: ......: Zubayer Rahman Chowdhury J Farah Mahbub J S.M. Saiful Hasan……………….....................Petitioner Vs. Director General, Bangladesh Sugarcane Research Institute and others…......Respondents Judgment July 18, 2010. Result: The Rule is disc...... (Special Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Farah Mahbub J S.M. Saiful Hasan……………….....................Petitioner Vs. Director General, Bangladesh Sugarcane Research Institute and others…......Respondents Judgment J..

Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5

General Manager, Meghna Petroleum Ltd. and others Vs. Sultan Ahmed and others, 2010, 39 CLC (AD)

.... disposed of in the High Court Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ...... disposed of in the High Court Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ......J   Shah Abu Nayeem J   Mominur Rahman J    ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J General Manager, Meghna Petroleum Ltd. and others ..........Appellants Vs. Sultan Ahmed and others.....................................l Karim CJ   Md. Abdul Matin J   Shah Abu Nayeem J   Mominur Rahman J    ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J General Manager, Meghna Petroleum Ltd. and others ..........Appellants Vs. Sultan Ahmed an..

Category: Constitutional Law | Date: 13 Jul, 2010 | Hits: 4

AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)

....on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ......on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ......cate - For the opposite party.   Civil Revision No.472 of 2006. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of Judgment-debtor petitioner calls in question the legality and propriety of the Judgment and order dated 21-09-2005 passed by learned Additional District Judge...... section 44A(1) of the Code, we are to take the aid of Sections 2(4), 3, 15, 24, 38 and 39 of the Code, sections 3, 10, 18, 20 and 21 of the Civil Courts Act (briefly as Act) and section 3(15) of the General Clauses Act, 1897. Sections 3 and 10 of the Act read as hereunder: "3. There shall be ..

Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28

Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)

....uddin Dolon), instructed by Zahirul Islam, Advocate-on-Record—For the Petitioner (In Civil Petition No.2081 of 2008). Murad Reza, Additional Attorney General (with Akram Hossain Chowdhury, Deputy- Attorney-General, instructed by ASM Khalequzzaman, Advocate-on-Record—For the Responde......No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......sion (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J MM. Hossain J SK Sinha J Monir Hossain (Md.) and anothers........................Petitioners Vs. Bangladesh and others.......................Dr. M Zahir, Senior Advocate (with Salauddin Dolon), instructed by Zahirul Islam, Advocate-on-Record—For the Petitioner (In Civil Petition No.2081 of 2008). Murad Reza, Additional Attorney General (with Akram Hossain Chowdhury, Deputy- Attorney-General, instructed by ASM Khalequzzaman, Ad..

Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104

Bangladesh Legal Aid and Services Trust and Others Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

...., Ain-o-Salish Kendra (ASK) was also impleaded as the co-petitioner No.2 on 7.2.2010 with the consent of the original petitioner. On the date of issuance of the Rule, we directed respondent No.3, the Deputy Commissioner, Brahmanbaria and respondent No.4, the Officer-in-Charge, Kasba Police Station, ...... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......men has held that violence against women "impairs or nullifies the enjoyment by women of human rights and fundamental freedoms under general international law. e) The Human Rights Committee in its General Comment No.7 has stressed that the prohibition on torture and other ill-treatment, "must ext..

Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335

Chairman, National Board of Revenue (NBR) Vs. Advocate Zulhas Uddin Ahmed and others, 2010, 39 CLC (AD)

.... of the learned Assistant Attorney General appearing for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52. ...... of the learned Assistant Attorney General appearing for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52. ......ur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J The Chairman, National Board of Revenue (NBR), Shegunbagicha, Dhaka, Bangladesh............…Petitioner Vs. Advocate Zulhas Uddin Ahmed and others.............Respondents Judgment July 8, 2010. Result: The petition is dismissed. L......titioner Vs. Advocate Zulhas Uddin Ahmed and others.............Respondents Judgment July 8, 2010. Result: The petition is dismissed. Lawyers Involved: S. M. Moniruzzaman, Assistant Attorney-General instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Monzil Morshid, Ad..

Category: Health Law | Date: 8 Jul, 2010 | Hits: 376

Abul Hashem Vs. State, 2010, 39 CLC (HCD)

....Vs. State, 16 BLD 246=48 DLR 282; Abdul Bahar alias Abul Bahar Vs. State, 5 BLD 84. Lawyers Involved: Anisul Haque with Sk Baharul Islam, Advocates—For the Appellants. SS Barker, Deputy Attorney-General—For the State. Criminal Appeal No.2581 of 2001. Judgment ......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16.   ......sp;18 BLC (HCD) (2013)16.   ......D 246=48 DLR 282; Abdul Bahar alias Abul Bahar Vs. State, 5 BLD 84. Lawyers Involved: Anisul Haque with Sk Baharul Islam, Advocates—For the Appellants. SS Barker, Deputy Attorney-General—For the State. Criminal Appeal No.2581 of 2001. Judgment SM Emdadul Hoq..

Category: Evidence Law | Date: 26 May, 2010 | Hits: 8

Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)

.... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ...... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ......) 54, VIII ADC (2011) 29. ......s and others……............Appellants Vs. M/S. Sunlit Fashion Limited..................................Respondent Judgment May 19, 2010. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For the Appellants. A. J. Mohamm..

Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63

Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)

....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ...... (HCD) (2012) 532 . ......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ..

Category: Property Law | Date: 12 May, 2010 | Hits: 133

Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)

.... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ......ficers of the directorate has jurisdiction to examine any document, vouchers, etc. of a Government office, statutory bodies, etc. while auditing such office. Under article 128 of the Constitution the Comptroller and Auditor-General of-Bangla­desh (hereinafter stated as the CAG) shall audit the G...... Jurisdiction of Concerned VAT officer In case a petitioner takes excess rebate of VAT, the concerned VAT officer under section 9 (2) of the VAT Act has lawful Jurisdiction to cancel the rebate and adjust it on the current account register of the petitioner by necessary order. ......................tion 9 (2 ka) of the VAT Act. ........ (27)    Lawyers Involved: Zakir Hossain Munshi with Ali Akbor Khan, Advocates—For the Petitioner. Israt Jahan, Assistant Attorney-General—For the Respondent. Writ Petition No.8525 of 2008. Judgment Zinat Ara J..

Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6