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Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

...., quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......AIR 1960 SC 266); Adamji Umer Dolal Vs. State of Bombay, AIR 1952 SC 14; Roghunath Vs. Paria (AIR 1967 Goa 95); Sham Sundar Vs. Puran AIR 1991 SC 8; Mangal Singh Vs. State of UP, AIR 1975 SC 76. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, with Mohammad Nazrul Islam, Senior ......rent powers, not curtailed by Article 47A (2), under rule 46A of the Tribunals Procedure Rules, and, hence, it is not necessary to invoke Article 104 in this petition. The procedures provided in Order XXVI rules 1-6 of the Appellate Division Rules, which are not inconsistent with the Act and th..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Ananda Shipyard & Slipways Limited Vs. Commissioner Customs Bond Commissionerate, Dhaka, 2015, 44 CLC (HCD)

....shy;cate the matters in accordance with law. No cost. Communicate the judgment to respondent No. 1 at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 98   ......hargeable there­on with interest. For the purpose of recovery of unpaid duties, taxes, etc. no previous show-cause notice is necessary, because it is not a penal action .................(19) Lawyers Involved: Md. Shahidul Islam, Advocate—For the Petitioners. SM Maniruzzaman,......shy;cate the matters in accordance with law. No cost. Communicate the judgment to respondent No. 1 at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 98   ..

Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

....nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......h Vs. Haji Abdul Gani, 32 DLR (AD) 233, Abu Bakkar Vs. Nazir Ahmed, 34 DLR (AD) 237 and Jahir Ahmed Vs. Badsha Mia Sowadagar) 36 DLR 90 and Md. Nasir-ullah Vs. Md. Ziauddin Khan 12 MLR (AD) 329. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate-on-......ce on the prevailing land laws. The questions involved in this appeal are whether, the transaction between the predecessors of the parties was alive on the date of promulgation of the President's Order No.88 of 1972 (PO 88 of 1972), and whether, the suit for redemption of mortgage is maintainabl..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)

....r of stay granted earlier by this i  Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354   ......Vs. State 55 DLR (AD) 62; Shamsul Islam Chowdhury Vs. State 11 BLC 116;Dr. Md. Shahjahan, Advocate Vs. The Election Commission, 63 DLR 543; Khondaker Mahtabuddin Ahmed Vs. State 49 DLR (AD) 132. Lawyers Involved: None appears—For the Petitioner.  SM Kafil Uddin, Advocate&m......r of stay granted earlier by this i  Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354   ..

Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0

Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)

....from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......(ka) of section 11, there must be evidence that a person so charged either caused death of a ‘নারী’ or attempted to cause death of a ‘নারী’…..(17). Lawyers Involved: Khurshid Alam Khan, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-R......from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ..

Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ......sociated Provincial Picture Vs. Wednesbury Corporation [1943]1 KB 223; Vide AIR 1956 Calcutta 96, AIR 1954 Rajasthan 264; Reza-ul-Karim (Md.) Vs. Secretary, Ministry of Home Affairs, 44 DLR 110. Lawyers Involved: Md. Eunus Ali Akond with Golam Mostofa Lasker, Advocates—For the Petiti......o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)

....ed time from the date of knowledge of the registration of the sale deed. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 210. ...... Judgment              March 1, 2015.      Result: The leave petition is dis­missed. Lawyers Involved: Qumrunnessa Ratna, Advocate, instructed by Nurul Islam Bhuiya, Advocate-on-Re......ed time from the date of knowledge of the registration of the sale deed. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 210. ..

Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24

Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

....t the petitioner. In the result, the Rule is discharged without any order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 245. ......natul Ara Vs. Government of the People's Republic of Bangladesh, 15 BLC (AD) 168; Banesa Bibi Vs. Senior Vice President, 63 DLR (AD) 160; Rex Apparels (Pvt) Ltd. Vs. Bangladesh, 20 BLC 178 . Lawyers Involved: Md. Sohel Rana, Advocate—For the Petitioner. Obaidur Rahman Mostaf......t the petitioner. In the result, the Rule is discharged without any order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 245. ..

Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7

Durnity Daman Commission, represented by its Chairman, Dhaka Vs. M Sahabuddin Ahmed and others, 2015, 44 CLC (AD)

....t cannot quash a proceeding. The judgment of the High Court Division is set-aside. This petition is accordingly disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 176 ...... Dhaka….....Petitioner Vs. M Sahabuddin Ahmed and others .......................Respondents Judgment February 19, 2015. Result: This petition is disposed of. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Sufia Khatun, Advocate-on-Rec....... Md. Shahed Alam, dvocate-on-Record, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 3414 of 2014. (From the Judgment Order dated 22-10-2014 passed by the High Court Division in Writ Petition No. 2024 of 2009).  &..

Category: Constitutional Law | Date: 19 Feb, 2015 | Hits: 9

Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

.... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ......(Kha) and section (7) of section 33…….. (11) Case Referred to- Setara Begum Vs. Al-Arafa Islami Bank, 14 MLR 480 = 61 DLR 791; Atiqullah Vs. Artha Rin Adalat, 16 BLC 486. Lawyers Involved: Shah Mohd. Monir Sharif with Md. Imran Jahangir, Advocates—For the Peti...... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ..

Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4

Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)

.... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147.   ......or whether he abetted the prin­cipal accused in manipulating the tender for sale of the case property or whether he is a bona fide purchaser for value.………… (8-10) Lawyers Involved: SM Rezaitl Karim, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Reco...... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147.   ..

Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16

Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)

....by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ......sion it is bound to prepare and to conduct a proceeding...... (19 & 20) Case Referred to- A. Mirzazada Vs. The Crown, PLD 1956 (WP) Karachi 273; Abdur Rahman Vs. State, 27 DLR 268. Lawyers Involved: Syed Mizanur Rahman with Shasti Sarker and Ashoke Kumar Banik, Advocates&mdas......by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ..

Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4

Sohan Kumar Agarwala Vs. Assistant Registrar, Department of Patents Designs and Trade Marks and another, 2015, 44 CLC (AD)

....tions made hereinbe­fore. We make it very clear that the Registrar himself shall hear and dispose of the matter. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 213.   ......thori­ty and the High Court Division. Since the question would need determination of fact as indicated hereinbefore, it should be thrashed out right before the statutory authority.......(12) Lawyers Involved: Syed Amirul Islam, Senior Advocate with Fazlee Noor Taposh, Advocates instruc......tions made hereinbe­fore. We make it very clear that the Registrar himself shall hear and dispose of the matter. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 213.   ..

Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20

State Vs. Engineer Monjurui Ahsan Munshiand another, 2015, 44 CLC (AD)

....t afresh. The leave petitions are accordingly, dis­posed of with the above observations and direc­tions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 149   ......f that offence no notice is required to be served upon the accused per­son...........(6-8) Case Referred To- Anti-Corruption Commission Vs. Mohiuddin Khan Alamgir, 62 DLR (AD) 290. Lawyers Involved: Momtazuddin Fakir, Additional Attorney-General, instructed by Sufia Khatun, A...... Criminal Petition for Leave to Appeal No. 511 of 2011 with 462 of 2013. (From the judgment and order dated 23-6-2011 passed by the High Court Division in Criminal Appeal No. 5948 of 2007) Order Surendra Kumar Sinha CJ. -The delay in filing the criminal petition is condoned. Since th..

Category: Criminal Law | Date: 2 Feb, 2015 | Hits: 11

Jahirul Haque and another Vs. State, 2015, 44 CLC (AD)

....tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. .........Petitioners Vs. State......................................Respondent Judgment January 19, 2015.      Result: The petition is dismissed. Lawyers Involved: Md. Khurshid Khan, Advocate instructed by Md. Zahirul Islam, Advocate-on-Reco......tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ..

Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5

Star Vegetable Oils Limited, 195 Motijheel C/A, Dhaka Vs. The Commissioner of Taxes, Taxes Zone-03, Dhaka, 2015, 44 CLV (HCD)

....tive and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. This Case is also Reported in:     ......lso having failed prejudicing the Assessee-applicant, and so this court finds merit in this Income Tax Reference Application and allows it………………...( 16) Lawyers Involved: Mosharaf Hossain, Advocate—For the Assessee-applicant S. Rashed Ja......tive and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. This Case is also Reported in:     ..

Category: Fiscal/Taxation Law | Date: 14 Jan, 2015 | Hits: 1

Getco Trading Limited, Represented by its Managing Director Mr. K.M. Khaled Vs. The Commissioner of Taxes, Taxes Zone-14, 2015, 44 CLC (HCD)

....of the account, save and accept the statutory disallowances. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......Commissioner of Taxes, 53 DLR 209; M/S. Eastern Hardware Stores Limited Vs. The Commissioner of Taxes, 54 DLR 125; Mark Builders Limited Vs. The Commissioner of Taxes, 59 DLR 463. Lawyers Involved: Sarder Jinnat Ali, Adv. with Md. Delowar Hossain, Adv.—For the Assessee......of the account, save and accept the statutory disallowances. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 12 Jan, 2015 | Hits: 1

Anti-Corruption Commission, represented by its Chairman Vs. Haji Md. Salim and another, 2015, 44 CLC (AD)

....eal on merit afresh. The leave petition is accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 127.   ...... we cannot accept the application for not pressing the petition filed by the petitioner.......(3 & 4) Case Referred to- Anti-Corruption Vs. Mohiuddin Khan Alamgir, 62 DLR (AD) 290. Lawyers Involved: Khurshid Alam Khan, Advocate instructed by Mahmuda Begum, Advocate-on-Record&......p;        Anti-Corruption Commission, represented by its Chairman.........Petitioner Vs. Haji Md. Salim and another.................Respondents Order                ..

Category: Criminal Law | Date: 12 Jan, 2015 | Hits: 6

Islami Bank Bangladesh Limited, Head Office-40, Dilkusha C/A, Dhaka-1000 Vs. The Commissioner of Taxes, Audit Wing, Large Taxpayer’s Unit, Dhaka, 2015, 44 CLC (HCD)

.... Supreme Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani, J: I agree. Ed. This Case is also Reported in: ......on shall not be admissible..................(24)     Cases Referred to- Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 14 MLR (AD) 337. Lawyers Involved: Rafiq-ul Huq with Ahsanul Karim, Ehsan A. Siddiq—For the applicant. ...... Supreme Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 1

Islami Bank Bangladesh Limited Vs. Commissioner of Taxes, 2015, 44 CLC (HCD)

....Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J.- I agree. This Case is also Reported in:     ......n (c) to Income Tax Reference Applications No. 20 of 2005. No answer to question (b) to Income Tax Reference Applications No. 21 of 2005, 22 of 2005, 23 of 2005, 24 of 2005 and 156 of 2006. Lawyers Involved Rafiq-ul Huq with Ahsanul Karim, Ehsan A. Siddiq—For the applicantRazik-......Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J.- I agree. This Case is also Reported in:     ..

Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 58