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

....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. ...... Court High Court Division (Criminal Appellate Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J Abul Hashem and 2 others....................Appellants Vs. State…………………………&helli...... to- Dala Miah Vs. State, 14 BLD 477; Abu Taher Chowdhury Vs. State, 11 BLD (AD) 2=42 DLR (AD) 253; State Vs. Musa 15 BLD 169=1 BLC 467; Momin Alais Mominul Hoq Vs. State, 16 BLD 246=48 DLR 282; Abdul Bahar alias Abul Bahar Vs. State, 5 BLD 84. Lawyers Involved: Anisul Haque with Sk B...... Hashem. Thereafter all the accused-persons fleed away from the place of occurrence through sought-west direction. Thereafter, the local people Mati Miah, Moklesur Rahman, Milon Begum, Humayun, Abdul Wahab, Azizur Rahman and others trying to bring the deceased Abul Hashem to the hospital with a wood..

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

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

.....2001 are not clear to them and that since the finished garments were exported to France, objection it any could be raised only by the consignee at France and the sending back of said consignments to Bangladesh by the above consignee at France could be natural but on what authority the containers we...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Commissioner of Customs and others……............Appellants Vs. M/S. Sunlit Fashion Limited..................................Respondent Judgment May 19...... 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. ..

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 . ......ision (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J Roshanally Mohamed Harji and another……………………Defendant-Appellants Vs. AKM Zakir Hossain and another………………………Respondents Judgment May......s Vs. Sonali Bank, 7 BLC 16; Syed Ali Sarder Vs. Shahabuddin Ahmed Chowdhury, 18 DLR 198. Lawyers Involved: AJ Mohammad Ali, with Md. Iqbal Kabir, Advocates - For the Appellants. Abdul Wadud Bhuiyan with Fakrul Islam, Advocates - For the Respondents. First Appeal No. ......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)

....ry challan as Government revenue. 2. Material facts necessary for the disposal of the Rule, in short/are as under: The petitioner, Aftab Automobiles Limited, is a limited company incorporated in Bangladesh under the Companies Act. The petitioner is registered with Vat authority and is engaged i......Jurisdiction) Present: Zinat Ara J Syed Abu Kowser J Aftab Automobiles Ltd ........................................Petitioner Vs. Superintendent Customs, Excise & VAT & others……................Respon...... 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. ...... 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. ..

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

Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)

.... J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......sent: Shahidul Islam J Md. Rais Uddin J Bangladesh, represented by the Deputy Commissioner, Sirajgonj……………………Appellant Vs. Raj Rajashore Cakra Narayan Jiue Deity and others……………&h......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ..

Category: Evidence Law | Date: 10 May, 2010 | Hits: 161

Most. Johura Begum alias Mosammat Johara Begum Vs. Alhaj Abdur Rob Bhuiyan and others, 2010, 39 CLC (HCD)

....ndant Nos.1-3 Md. Nurul Haque Sheikh is added as defendant No.5 in the suit. Let a copy of this Judgment be sent down at once. This Case is also Reported in: 17 MLR (HCD) (2012) 409. ......late Jurisdiction) Present: Sheikh Abdul Awal J M. Moazzam Husain J Most. Johura Begum alias Mosammat Johara Begum……………………………….Plaintiff-petitioner Vs. Alhaj Abdur Rob Bhuiyan and others………………………………………..Defendant...... sent down at once. This Case is also Reported in: 17 MLR (HCD) (2012) 409. ......ndant Nos.1-3 Md. Nurul Haque Sheikh is added as defendant No.5 in the suit. Let a copy of this Judgment be sent down at once. This Case is also Reported in: 17 MLR (HCD) (2012) 409. ..

Category: Procedural Law | Date: 9 May, 2010 | Hits: 4

Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....t Division (Writ) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Nazma Sarwar, wife of A.T.M. Sarwar Hossain and others...............Appellants Vs. Government of Bangladesh represented by the Secretary, Ministry of home Affairs, Bangladesh Secretariat, Ramna D......me Court High Court Division (Writ) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Nazma Sarwar, wife of A.T.M. Sarwar Hossain and others...............Appellants Vs. Government of Bangladesh represented by the Secretary, Ministry of home Affairs, Banglade......opy of this judgment be transmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ......opy of this judgment be transmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ..

Category: Procedural Law | Date: 6 May, 2010 | Hits: 109

Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)

.... complainant who assured him to reimburse the amount at the earliest opportunity and the accused-petitioner issued a cheque in favour of complainant bearing No.50/Kha Cha 1204311 dated 30-4-2008 of Bangladesh Commerce Bank Ltd., Bangshal Branch, Dhaka of Current Account No.000091. That the complai...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Fazlur Rahman J Syeda Afsar Jahan J Sarwar Hossain Moni……………………………Accused-Petitioner Vs. State and another…………………………Opposite Parties Judgment May 6, 2010. ...... May 6, 2010. Result: The Rule is discharged. Cases Referred to- Satya Narayan Poddar Vs. State, 53 DLR 403; Sirajul Islam Vs. Tauhid Uddin Ahmed, 15 BLC 39; Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan, 2005 BLD (AD) 28. Lawyers Involved: Anisul Huq with Md. Aminul Islam, Ad......ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510...

Category: Banking Law | Date: 6 May, 2010 | Hits: 573

Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....urisdiction) Present: Sheikh Abdul Awal J M. Moazzam Husain J Abdul Qadir and others………………………………………………Petitioners Vs. Government of Bangladesh, represented by the Deputy Commissioner, Narayangonj and others……………………�...... (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J M. Moazzam Husain J Abdul Qadir and others………………………………………………Petitioners Vs. Government of Bangladesh, represented by the Deputy Commissioner, Narayangonj and others�......gment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ......ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ..

Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4

Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)

....oned property after 1969 As per decision of the Appellate Division no property can be declared as enemy property or abandoned property after 1969. It can be relied upon the case of Government of Bangladesh Vs. Paresh Chandra Gharani, 50 DLR(AD) 70 wherein it has been held that when the Governme......Court High Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin ChakladerJ Md. Shawkat Hossain J Amina Khatun and others..................Appellants Vs. State and others..............................Respondents Judgment April 26, 2010......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ..

Category: Property Law | Date: 26 Apr, 2010 | Hits: 9

Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)

....egotiable Instruments Act, 1881 now pending in the Court of the learned Assistant Sessions Judge, Tangail should not be quashed. 2. One Anisuzzaman Ansari (Biplob), Managing Director of Messer's Bangladesh Builders filed a petition of complaint before the learned Magistrate, 1st Class, Tangail ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Krishna Debnath J Abu Borhan Khan Khokon……………………Petitioner Vs. The State & another………………………Opposite parties Judgment April...... The State & another………………………Opposite parties Judgment April 25, 2010. Result: The Rule is discharged. Case Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195, Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44. ...... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300...

Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177

Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....ect of PDB in order to give work to China National Water Resources and Hydropower Engineering and Corporation hereinafter called (CWHEC) at Taka 141,65,30,296 causing loss of Taka 17,89,01,897 to the Bangladesh Government. 3. PDB invited International Tender for the aforesaid Project on 16-4-......e Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment April 22, 2010. Re...... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ....... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ...

Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107

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...... (Criminal) Present Mohammad Fazlul Karim CJ Md. Muzammel Hossain J Surendra Kumer Sinha J Kazi Md. Abdul Basit..........................................Petitioner Vs. The State.........................................................Respondent Judgment......in: 17 MLR (AD) (2012) 219. ......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......LT (HCD) (2010) 311 . ......in 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 with Salim Reza Chowdhury, Advocate - For the petitioner. Md. Jabe....... 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. ...... Shabnam Vegetable Oil Industries Limited, having its Factory at 194 Tarabo, Rupgonj, Narayanganj and Head Office at 83, Khatungonj, T.K, Bhaban, Chittagong………………………..Petitioner Vs. The Commissioner of Customs (Import), Customs House, Police Station Bandar, Chittagong and ot...... 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. Abdullah M. Hasan, Advocates - For the petitioner. S.M. Moniruzzaman, Assistant Attorney-General ......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......ent: Md. Imman Ali 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, Banglade...... 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. ...... 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......ha J The Vice-Chancellor and Chancellor of the Syndicate, Sher-E-Bangla Agricultural University, Sher-E-Bangla Nagar, Dhaka-1207 and another……......................Petitioners Vs. Asia Rahman Shova and others ……………......Respondents ...... the appeal, if so desire. Ed. This Case is also Reported in: VII ADC (2010) 1008. ......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...... (Special Original Jurisdiction) 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, Bangla......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. ......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 ......ent: Sharif Uddin Chaklader J AKM Abdul Hakim J Abdur Rouf Chowdhury (Md.) & others……................ Appellants Vs. Mirza Shahabuddin Ispahani and others...................Respondents Judgment Marc...... (HCD) (2013) 323. ....... 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......tion Late Bangabandhu Sheikh Mujibur Rahman Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka……………………......Petitioner Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary for M......ga Swami, 2004 6 SCC 522; Mangal Chowhan Vs. State, 1983 Cr. LJ 279-Cal-DB; Vinod Kumar Sethi Vs. State of Punjab, AIR 1982 P&H 372; Subhash Chandra Vs. State of Punjab, 1988 2 Crimes 21 P&H; Abdul Quader Chowdhury Vs.The State, 28 DLR AD 39; Nasiruddin Mahmud and others Vs. Momtazuddin Ahme......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

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