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

....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. ......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. ...... 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 the High Court Division in Writ Petition No.4968 of 2007.) ......n, 33 DLR (AD) 298. Lawyers Involved: Ajmalul Hossain, QC Senior Advocate, instructed 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..

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)

....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. ......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. ......so Reported in:61 DLR (HCD) (2009) 679. ......haritable trust, although in true sense it would not fall within the meaning of "trust" under the English concept. Section 92 provides that suits under this section can be filed by Attorney-General or any other person having an interest in the trust with the leave of the Court, because the..

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

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

....h AIR 1933, Allahabad 480.  Lawyers Involved: Humayun Hossain Khan, Senior Advocate with Md. Shahjahan, Advocate, Apeal Uddin, Advocate-For the Informant-appellant. Md. Motaher Hossain, Deputy Attorney General with Md. Soyeb Khan, Assistant Attorney General, Md. Bashir Ullah, Assistant......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. ...... This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......habad 480.  Lawyers Involved: Humayun Hossain Khan, Senior Advocate with Md. Shahjahan, Advocate, Apeal Uddin, Advocate-For the Informant-appellant. Md. Motaher Hossain, Deputy Attorney General with Md. Soyeb Khan, Assistant Attorney General, Md. Bashir Ullah, Assistant Attorney Genera..

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

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

....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. ......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. ......d 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..............................Petitioners Vs. Syed Md. Belayet Hossain .......................Petitioners Vs. Syed Md. Belayet Hossain ........................................Respondent Order December 10, 2009. Lawyers Involved: A.K.M. Zahirul Haque, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the petitioners.   &..

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

Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)

....BLD (AD) 247. Lawyers Involved: Md. Shakhawat H.Khan, Advocate - For the petitioners. Sarwar Ahmed with Mr. Syed Hasan Zobair, Advocates - Opposite party No.2 M.A. Mannan Mohan, Deputy Attorney-General with Md. Khalilur Rahman, Assistant Attorney-General - For the State. ...... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ......LR (HCD) (2010) 420. ...... Lawyers Involved: Md. Shakhawat H.Khan, Advocate - For the petitioners. Sarwar Ahmed with Mr. Syed Hasan Zobair, Advocates - Opposite party No.2 M.A. Mannan Mohan, Deputy Attorney-General with Md. Khalilur Rahman, Assistant Attorney-General - For the State. Criminal Miscel..

Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14

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

....e permanent subject to creation of his post in the Organogram of the City Corporation. 23. The petitioner No. 1 in Writ Petition No. 9657 of 2007 joined Barisal City Corporation on 09-12-2003 as Deputy Tax Officer on Master Roll on the basis of daily pay of Taka 130. Subsequently he was transfe......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   ......CD) (2015) 19   ......tly illegal and issued with­out lawful authority and should be declared to have been issued without any lawful authority. 53. As against this, Mr. M Khorshid Aiam Sarker, the Deputy Attorney-General for the Respondent No. 3, Barisal City Corporation sub­mits that the very appointments o..

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

Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)

....der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......urt High Court Division (Criminal) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Jubayer…………………………..Accused-Petitioner Vs. The State and others…………………………….Opposite Parties Judgment November 09, 2009. ......8 BLC 518; Nurul Islam Vs. State and another, 49 DLR (HCD) 464. Lawyers Involved: Mohd. Ziaul Hoque, Advocate - For the Accused-Petitioner.  Ms. Beadura Ansary, Assistant Attorney-General - For the State-Opposite Party No.1.  Criminal Miscellaneous Case No. 8571 of 2008..

Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128

Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)

....Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168       ......Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168       ......nts Judgment October 28, 2009.  Result: this Rule is made absolute. Cases Referred to- Romisa Khanam Vs. Bangladesh 61 DLR 18; Md. Abtab Ali Sheikh Vs. Director of Land Records, 58 DLR 397=11 MLR 226; Capital Co-operative Housing Society Ltd Vs. Bangladesh 45 DLR 2......Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168       ..

Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5

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

....py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ......py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ...... Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Rezaul Kabir………………………..Accused-petitioner Vs. The State and another…………………………..Opposit......wyers Involved: Subrata Saha with Md. Belayet Hossain - For the Accused-petitioner . A.K.M. Fazlul Haque, Advocate - For the Opposite party No.2 Md. Jahangir Alam, Assistant Attorney-General - For the Opposite party No.1. Criminal Miscellaneous Case No.1839 of 2009. Judgm..

Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10

Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)

....lved: Md. Omar Ali Khan with Md. Humayun Kabir, Advocates - For the Appellant Nos.1 & 3.  Dr. Md. Eunus Ali Akond, Advocate - For the Appellants No.2.  Md. Kliasruzzaman, Deputy Attorney-General with Yesmin Begum Bithi, Assistant Attorney-General with Shahida Khatoon, As......ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ......11) 245. ......mar Ali Khan with Md. Humayun Kabir, Advocates - For the Appellant Nos.1 & 3.  Dr. Md. Eunus Ali Akond, Advocate - For the Appellants No.2.  Md. Kliasruzzaman, Deputy Attorney-General with Yesmin Begum Bithi, Assistant Attorney-General with Shahida Khatoon, Assistant Attorney..

Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116

State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)

....ers, 61 DLR 232. Lawyers Involved: Dr. Naim Ahmed, Advocate-For Aparajeyo-Bangladesh. Ms. Fahima Nasrin, Advocate-For Bangladesh National Women Lawyers Association. Md. Motaher Hossain, Deputy Attorney General with Md. Soyeb Khan, Assistant Attorney General, Dr. Md. Bashir Ullah, Assis...... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ...... Md. Fazlur Rahman J State......................................................................................Petitioner Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others ..........Respondents Judgment September 3, 2009. Result: The Rule is dispose...... Lawyers Involved: Dr. Naim Ahmed, Advocate-For Aparajeyo-Bangladesh. Ms. Fahima Nasrin, Advocate-For Bangladesh National Women Lawyers Association. Md. Motaher Hossain, Deputy Attorney General with Md. Soyeb Khan, Assistant Attorney General, Dr. Md. Bashir Ullah, Assistant Attorney Ge..

Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198

Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)

.... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ...... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ......490. ......ain Vs. State, 48 DLR (AD) 87. Lawyers Involved: Khair Ezaz Maswood, Advocate with Helal Uddin Molla, Advocate - For the Accused-Petitioner. Md. Abdul Khaleque, Assistant Attorney-General - For the Opposite party. Criminal Miscellaneous Case N0.1299 of 2007. Judgment ..

Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8

Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)

....Alam Chowdhury, Kabir Iqbal Hossain, Shah Manajurul Haque, Aminul Haque,Tanvir Hossain Khan, Advocates - For the Accused - Appellant. MK Rahman, Additional Attorney General with KM Zahid Sarwar, Deputy Attorney General, Farida Yesmin, Assistant Attorney General - For the State - Respondent. ......d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ...... Court Division (Criminal Appellate Jurisdiction) Present: SM Dastagir Husain J Md. Raisuddin J Dr. Mohiuddin Khan Alamgir.................Convict-Appellant Vs. ACC and another....................Respondents Judgment July 13, 2009. Result: The a...... Karim, Faheemul Huq, Khairul Alam Chowdhury, Kabir Iqbal Hossain, Shah Manajurul Haque, Aminul Haque,Tanvir Hossain Khan, Advocates - For the Accused - Appellant. MK Rahman, Additional Attorney General with KM Zahid Sarwar, Deputy Attorney General, Farida Yesmin, Assistant Attorney General - F..

Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286

Radha Shyam Sarker Vs. Nani Gopal Sen being dead his heirs: Ashesh Kumer and others, 2009, 38 CLC (HCD)

.... order of stay granted earlier by this Court stands vacated. Office is directed to send down the record of the case at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 73. ...... order of stay granted earlier by this Court stands vacated. Office is directed to send down the record of the case at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 73. ......aul Karim J Radha Shyam Sarker……………………………..Petitioner Vs. Nani Gopal Sen being dead his heirs: Ashesh Kumer and others.......................Opposite parties Judgment July 5, 2009. Result: ...... order of stay granted earlier by this Court stands vacated. Office is directed to send down the record of the case at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 73. ..

Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154

Human Rights & Peace for Bangladesh & others Vs.Govt of Bangladesh & Others, 2009, 38 CLC (HCD) [হিউম্যান রাইট্স এ্যান্ড পিস ফর বাংলাদেশ গং বনাম বাংলাদেশ গং, ২০০৯, ৩৮ সিএলসি (হাইকোর্ট ডিভিশন)]

....াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে। Ed. This Case is also Reported in: 17 BLT (HCD) (2009) 455 ......াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে। Ed. This Case is also Reported in: 17 BLT (HCD) (2009) 455 ......esult: রুলটি খরচা ব্যতিরেকে এ্যাব্সলিউট্ করা হইল। এই রীট্ মোকাদ্দমাটি Continuing mandamus হিসাবে অব্যাহত থাকিবে। বাংলাদেশ...... temporary and permanent structures/buildings in the rivers,namely, Buriganga, Turag, Balu and Shitalakkha, till disposal of the Rule. Let a copy of this Rule be served upon the learned Attorney General of Bangladesh for his information and necessary steps in this regard. Since the matter ..

Category: Environmental Law, Property Law | Date: 25 Jun, 2009 | Hits: 19

Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)

....R (WP) (1966) 91; Daler Sing Vs. State, 1955 Cr.L.J 614; Alkas Mia Vs. State, 25 DLR 378. Lawyers Involved: Abdur Razzaque Miah with Nazmul Karim - For the appellant. Sakila Rowshan, Deputy Attorney-General - For the State. Criminal Appeal No.3020 of 2004. Judgment S......orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ......……………………………………Opposite Party Judgment June 22, 2009. Result: The appeal is allowed. Presumption of innocence The fundamental and basic presumption in the administration of Criminal law and justice delivery system is that th......; Daler Sing Vs. State, 1955 Cr.L.J 614; Alkas Mia Vs. State, 25 DLR 378. Lawyers Involved: Abdur Razzaque Miah with Nazmul Karim - For the appellant. Sakila Rowshan, Deputy Attorney-General - For the State. Criminal Appeal No.3020 of 2004. Judgment Siddiqur Rahman M..

Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9

Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)

....ed as such, by the Board, from time to time shall be treated as selection posts and shall be filled in by promotion from the immediate lower posts. (2) Posts in the cadre of Executive Engineers, Deputy Directors and other equal ranks may be filled in by promotion from the immediate cadre. ......9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed.   ......M Zahir, Senior Advocate with Azizul Huq Advocate, instructed by Md. Aftab Hossain, Advocate-on Record-For the Respondents (As added). Civil Appeal Nos. 341-358 of 2003. (From the judgment and order dated the 16th day of March, 2003 passed by the High Court Division in Writ Petition Nos.2......r which they were appointed and their service is regularized. Similarly the recruited employees, previous to the existing rules, are also being governed under the new rules. 16. Section 6 of the General Clauses Act provides that "Where this Act, or any Act of Parliament or Regulation made after..

Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256

Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)

....ed as such, by the Board, from time to time shall be treated as selection posts and shall be filled in by promotion from the immediate lower posts. (2) Posts in the cadre of Executive Engineers, Deputy Directors and other equal ranks may be filled in by promotion from the immediate cadre. ......ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ......M Zahir, Senior Advocate with Azizul Huq Advocate, instructed by Md. Aftab Hossain, Advocate-on Record-For the Respondents (As added). Civil Appeal Nos. 341-358 of 2003. (From the judgment and order dated the 16th day of March, 2003 passed by the High Court Division in Writ Petition Nos.2......r which they were appointed and their service is regularized. Similarly the recruited employees, previous to the existing rules, are also being governed under the new rules. 16. Section 6 of the General Clauses Act provides that "Where this Act, or any Act of Parliament or Regulation made after..

Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3

Sheikh Md. Nurul Haque Vs. State and anoth­er, 2009, 38 CLC (HCD)

....ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compli­ance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ......ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compli­ance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ......reme Court High Court Division (Criminal) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Sheikh Md. Nurul Haque…………………………Petitioner Vs. The State and anoth­er…………………………Opposite Parties Judgment May 26, 2009. Result: ...... is liable to be quashed. 17. Since the notice was issued through registered post with AD on 03-05-2005, so it can be legally presumed that the notice has been served properly as per article 17 of General Clauses Act. The accused petitioner no where in his entire petition mentioned that he did no..

Category: Banking Law | Date: 26 May, 2009 | Hits: 663

Ehtesamur Rahman Vs. The State & Others, 2009, 38 CLC (HCD)

....trict Judge, Dhaka. 5. The record of Non-FIR case No.77 of 2001 was sent back to the Court of Metropoli­tan Magistrate after making the Rule absolute in Criminal Revision No.262 of 2004. The Deputy Commissioner, Metropolitan Police, Dhaka filed an application before the Metro­politan Ma......formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399.                 ......ded with cases on the plea that the higher court has also concurrent jurisdiction to try the same case………(12) Cases Referred to- Alhaj Rahimuddin Shah Vs. Sirajul Islam and others, 37 DLR 316; Shafiqur Rahman and others Vs. Nurul Islam Chowdhury, 35 DLR (AD) 127. ......an and others Vs. Nurul Islam Chowdhury, 35 DLR (AD) 127. Lawyers Involved: Md. Ahsanullah, Advocate-For the Petitioner. Md. Abdul Khaleque with Fazilatunnesa Bappy, Assistant Attorney-General-For the State. Criminal Revision No.1033 of 2006. Judgment A.T.M. Fazle Kabir..

Category: Procedural Law | Date: 19 May, 2009 | Hits: 1