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Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)

....s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209. ......s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209. ...... trial of a case cannot be concluded within 360 days, the accused, if in custody, should be released on bail even in a case on non-bailable offence unless there is any special reason. Inordinate and unreasonable delay in holding the trial provides a good ground for considering an application f...... Case Referred to- Manjurul Hoque @ Monju Vs. The State, 14 BLD-604. Lawyers Involved: Md. Abdur Razzaque, Advocate-For the Appellant. Md. Mamunor Rashid, Assistant Attorney-General-For the Respondent. Criminal Appeal No.3038 of 2006. Judgment Khondker Musa K..

Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7

Abul Khair Condensed Milk and Beverage Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (HCD)

....omes due after such final assessment is paid in cash within a period of two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 555. ......omes due after such final assessment is paid in cash within a period of two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 555. ......: 27 BLD (HCD) (2007) 555. ......aid Form, a specimen of which is Annexure-X. The importer or his agent put signatures on two copies of Lodgment Slip, Annexure-X-1. Then, the importer or Agent submits the Bill of Entry to the Import General Manifest (IGM) Section under section 79 of the Custom Act for noting; II. Said IGM sectio..

Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66

Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)

....23. Lawyers Involved: Md. Munsurul Hoque Chowdhury, Advocate - For the Petitioner. Abdur Razak Khan with Md. Nesar Ahmed, Advocate - For the Opposite Parties. Syed Haider Ali, Deputy Attorney-General - For the State. Criminal Revision No.1333 of 2003. Judgment ......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......t High Court Division (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J Nazir Hossain (Md.)....................Petitioner Vs. Zubaed Md. Adel and others.....................Opposite Parties Judgment September 5, 2007. Result:...... Involved: Md. Munsurul Hoque Chowdhury, Advocate - For the Petitioner. Abdur Razak Khan with Md. Nesar Ahmed, Advocate - For the Opposite Parties. Syed Haider Ali, Deputy Attorney-General - For the State. Criminal Revision No.1333 of 2003. Judgment Sharifuddin Ch..

Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8

Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)

....62 of 2001. Judgment Zinat Ara J.- In this application under Article 102(2)(a)(ii) of the Constitution, the petitioner called in question the legality of the order dated 10-9-2001 issued by the Deputy Director, Bangladesh Bank (respondent No.3) under Memo No. Boi Mu Ni (Aba)144/10/2001-2250 ca......find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ......n (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Mosharraf Hossain (Md.)…………………………………………Petitioner Vs. Bangladesh Bank and another……………………………………………Respondents Judgment September 3...... inspection was conducted by the said team. The Bank on 28-3-2001 again sent an inspection team by its letter No. Boi Mu Pabi-30/2001-468. The petitioner by his letter dated 20-4-2001 informed to the General Manager, Exchange Policy Division, Bangladesh Bank about receiving the FE Circular No.18 of ..

Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403

BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)

....arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ......lip;……………………………………………..Petitioner Vs. The Chairman, First Labour Court and another…………………………….......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ..

Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19

Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)

....4 BLD 94 = 44 DLR 492 and Hatesingh Bhagost Shingh Vs. State of Modhya Bharat AIR 1953 (SC) 468 ref. Lawyers Involved: SN Goswami, Advocate - For the Appellants. Umme Kulsum Begum, Deputy Attorney-General with AHM Obaidul Kabir, Assistant Attorney-General and SM Shahjahan Kabir, ......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ...... (2008) 354. ......R 492 and Hatesingh Bhagost Shingh Vs. State of Modhya Bharat AIR 1953 (SC) 468 ref. Lawyers Involved: SN Goswami, Advocate - For the Appellants. Umme Kulsum Begum, Deputy Attorney-General with AHM Obaidul Kabir, Assistant Attorney-General and SM Shahjahan Kabir, Assistant Attorn..

Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9

State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)

.... Jail Appeal Nos.313 of 2004 and 172 of 2005 are disposed of. Lawyers Involved: Yusuf Hossain Humayun with Mostafa Jamal, Advocates-For the Condemned-Prisoners. Md. Abu Bakar Siddiqui, Deputy Attorney-General with Khandaker Aminul Haque Assistant Attorney-General Nowazish Ara Begum, A...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ......vision (Criminal Jurisdiction) Present: Sheikh Rezowan Ali J Abdul Awal J The State………………………………………………………….…….State Vs. Tipu Gazi and others……………………………………………..Condemned-Prisoners Judgment .......313 of 2004 and 172 of 2005 are disposed of. Lawyers Involved: Yusuf Hossain Humayun with Mostafa Jamal, Advocates-For the Condemned-Prisoners. Md. Abu Bakar Siddiqui, Deputy Attorney-General with Khandaker Aminul Haque Assistant Attorney-General Nowazish Ara Begum, Assistant Attorne..

Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26

Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)

....he Opposite Party. Criminal Miscellaneous Case No.18417 of 2006. Judgment Khademul Islam Chowdhury J.- Complainant petitioner Mrs. Fatema Begum obtained the rule calling upon the Deputy Commissioner, Dhaka to show cause as to why the judgment and order No.5 dated 26.6.2006 based......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ...... August 13, 2007. Result: The Rule is made absolute. Evidence oral or documentary in order to constitute prima facie case in support of the complaint of the offence alleged means and includes only any evidence or material produced by the complainant at the enquiry not the oral t......ch cannot form the basis of the Enquiry report…………………………(9) Lawyers Involved: Manzil Murshid-For the Petitioner. Khandaker Diluruzzaman, Assistant Attorney-General with Salma Rahman, Assistant Attorney-General-For the Opposite Party. Criminal Mi..

Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21

Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)

....llowing substantial part of the justified expenses just on surmises and/or conjectures. 15. In Reference No.212 of 2002 he also submitted that the rejection of an amount of Taka 2,50,000.00 by the Deputy Commissioner of Taxes out of the debt of Taka 16,42,374.00 which were supported by audited ac......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ......�……………………………………….Respondent Judgment August 9, 2007. Result: The references are returned with answer to the questions relating to enhancement of the receipts and rejecting summarily the applications under section 173 of the Ordinance in the negative and agai...... 6 ITR 414 PC; Venkatachalam Vs. Bombay Dyeing and Manufacturing Co. Ltd. (1958) 34 ITR 143. Lawyers Involved: A. B. Siddique, Advocate-For the Applicant. Sathika Hossain, Assistant Attorney-General-For the Respondent. Reference Application No.211 of 2002 With Reference Appl..

Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31

State Vs. Saidul and others, 2007, 36 CLC (HCD)

....rred to- Nurjahan Begum Vs. State, 42 DLR (AD) 130; Arshad Ali Mirza Vs. State, 7 BLC 265; State Vs. Abdul Barek, 7 MLR (AD) 17 = 54 DLR (AD) 28. Lawyers Involved: Mohammad Ali Akanda, Deputy Attorney-General with Md. Yamin Newaj Khan, Assistant Attorney-General with Shahnaz Haque, As......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......Division (Criminal Appellate Jurisdiction) Present: Md. Imman Ali J Md. Fazlur Rahman J State………………………......................Appellant Vs. Saidul and others………………………..Respondent Judgment August 9, 2007. Dying ......rjahan Begum Vs. State, 42 DLR (AD) 130; Arshad Ali Mirza Vs. State, 7 BLC 265; State Vs. Abdul Barek, 7 MLR (AD) 17 = 54 DLR (AD) 28. Lawyers Involved: Mohammad Ali Akanda, Deputy Attorney-General with Md. Yamin Newaj Khan, Assistant Attorney-General with Shahnaz Haque, Assistant Attorney..

Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25

Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)

....d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......zlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) ..........Appellant Vs. A Rouf Chowdhury and others.........................Respondents Judgment August 2, 2007. Cases Referred to-......96 SC 1759; K Ramdas Shenoy vs Chief Officer, Town Municipal Council Udipi, AIR 1998 SC 2177; Shrijee Sales Corporation vs Union of India (1997) 3 SCC 398 and Reference by His Excellency the Governor-General, 7 DLR (FC) 395. Lawyers Involved: Ziaur Rahman Khan, Advocate instructed by AKM Shahi..

Category: Property Law | Date: 2 Aug, 2007 | Hits: 114

Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)

....ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ......ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ......nbsp; Criminal Appeal No.402 of 2000. Judgment SAK Md. Dabirush-Shan J.- This criminal appeal at the instance of sole accused-appellant Md. Abdul Majid is directed against the Judgment and order dated 29-2-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman (Bishesh) Adalat......t the evidence adduced by the prosecution are good enough to sustain the conviction and sentence passed by the Nari-o-Shishu Nirjatan Daman (Bishesh) Adalat, Jessore. The learned Assistant Attorney-General submits that the prosecution has been able to prove the case beyond all reasonable doubt a..

Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159

Md. Abdul Mannan and others Vs. Ministry of Education and others, 2011, 40 CLC (HCD)

.... Judgment July 23, 2007. Result: The application is disposed of. Lawyers Involved: Dr. M. Zahir with Ms. Rebeka Sultana - For the petitioners. Syeda Afsar Jahan, Deputy Attorney General - For the respondents. Writ Petition No.5830 of 2007. Judgment ......relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......D) (2012)565. ......ly 23, 2007. Result: The application is disposed of. Lawyers Involved: Dr. M. Zahir with Ms. Rebeka Sultana - For the petitioners. Syeda Afsar Jahan, Deputy Attorney General - For the respondents. Writ Petition No.5830 of 2007. Judgment Shah Abu Nayee..

Category: Employment/Service Law | Date: 23 Jul, 2007 | Hits: 26

Md. Hanifa and another Vs. State, 2007, 36 CLC (HCD)

....17, 2007. Result: The Rule is made absolute. Lawyers Involved: Md. Abdul Motin Khashru, Advocate with Md. Ayub Hossain, Advocate - For the petitioners. Abu Bakkar Siddique, Deputy Attorney General - For the State. Criminal Miscellaneous Case No.8971 of 2007. Jud......302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 66. ......s Case is also Reported in: 13 MLR (HCD) (2008) 66. ......sult: The Rule is made absolute. Lawyers Involved: Md. Abdul Motin Khashru, Advocate with Md. Ayub Hossain, Advocate - For the petitioners. Abu Bakkar Siddique, Deputy Attorney General - For the State. Criminal Miscellaneous Case No.8971 of 2007. Judgment Sheikh..

Category: Criminal Law | Date: 17 Jul, 2007 | Hits: 3

Birendra Kishore Ghose @ Gopal Krishna Ghosh Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....ses Referred to- I.L.R. 42 Privy Council 801 cal.; I.L.R. 33 Cal 584; 35 D.L.R. (A.D.) 31; 51 D.L.R. 77. Lawyers Involved: Probir Neogi-For the Appellant. A.S. Md. Ramzan Khan, Deputy Attorney-General-For the Respondents. First Appeal No.502 of 1991. Judgment S......the appeal. Consequently the appeal is dismissed without any order to cost. Send down the lower court records at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 498. ......d Muhammad Dastagir Husain J Muhammad Abdul Hafiz J Birendra Kishore Ghose @ Gopal Krishna Ghosh……………………………………Appellant Vs. Government of Bangladesh and others………………………………………………….Respondents Judgment ...... I.L.R. 42 Privy Council 801 cal.; I.L.R. 33 Cal 584; 35 D.L.R. (A.D.) 31; 51 D.L.R. 77. Lawyers Involved: Probir Neogi-For the Appellant. A.S. Md. Ramzan Khan, Deputy Attorney-General-For the Respondents. First Appeal No.502 of 1991. Judgment Syed Muhammad Das..

Category: Property Law | Date: 7 Jun, 2007 | Hits: 6

Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)

.... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386. ...... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386. ......ip;….Respondent Judgment June 3, 2007. Result: The appeal is allowed. The Evidence Act, 1872 (Act No. 1 of 1872); section 101 Presumption of innocence and burden of proof The burden of proof lies on the party who substantially asserts the affirma......ip;………….. (24) Case Referred to- 5 DLR (FC) 107. Lawyers Involved: GS Huq, Advocate — For the Appellant. Shamim Ara Dora, Assistant Attorney General — For the State. Criminal Appeal No. 398 of 2005 Judgment Siddiqur Rahm..

Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14

Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)

....h Shan J Al-Haj Abdul Maleque Gazi…………………..Petitioner Vs. The Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Chandpur and others…………………&hel......e case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ......bdul Maleque Gazi…………………..Petitioner Vs. The Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Chandpur and others……………………….Respondent......on that basis…………………..(10) Lawyers Involved: Abul Kalam Mainuddin, Advocate - For the petitioner. Rubiuyat Hossain, Assistant Attorney General with A.K.M. Salahuddin Khan, Assistant Attorney General - For the Respondents. Writ Pe..

Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10

State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)

....R 565; 50 DLR 618; 40 DLR 122; 53 DLR (AD) 1; 12 BLD (AD) 180; 8 BLC 275; 33 DLR 274; 6 BCR (AD) 225; 25 BCR 392; 37 DLR 237; 12 BLD (AD) 190; 44 DLR (AD) 10. Lawyers Involved: Md. Abdul Baset, Deputy Attorney-General with Rawshan Ara Begum, Assistant Attorney-General with Md. Atiqul Karim, As...... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ......iminal Jurisdiction) Present: Md. Ali Asgar Khan J Sheikh Abdul Awal J The State……………………………State Vs. Yeasin Khan Palash alias Kala Palash alias Kaila Palash and others………….Appellants Judgment June 3, 2007. Result: The Appeals are dismis......uch as it is for the prosecution to decide how many witnesses will examine amongst the cited witnesses for establishing its case against the accused persons.……………………………..(81) General tendency of the witness In a criminal trial, determination of fact is the main task befo..

Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20

State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)

....te is found to have been appointed by the State to oppose the reference, made by the trial Judge under section 374 of the Code of Criminal Procedure. 17. However, Mr. SM Aminul Islam the learned Deputy Attorney-General assisted by Mr. AKM Nurul Alam, the learned Assistant Attorney-General has s......ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......3; State Vs. Ershad All Sikder, 8 MLR 133; Amir Hossain Howlader Vs. State, 1984 BLD (AD) 193; State Vs. Moslem, 55 DLR 117; State Vs. Sahidul Haque, 8 BLC 132; Rustum Vs. State, 11 BLC 467; Sarafat Mandal @ Mander Mondal Vs. State, 11 MLR 168 = 11 BLC 1; Mostain Mollah Vs. State, 44 DLR 295; Rajast......ave been appointed by the State to oppose the reference, made by the trial Judge under section 374 of the Code of Criminal Procedure. 17. However, Mr. SM Aminul Islam the learned Deputy Attorney-General assisted by Mr. AKM Nurul Alam, the learned Assistant Attorney-General has supported the imp..

Category: Criminal Law | Date: 27 May, 2007 | Hits: 5

Faruk Ahmed and another Vs. Bangladesh, 2007, 36 CLC (HCD)

....ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ......ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ......d in: 61 DLR (HCD) (2009) 151. ...... Dr. Abeda Begum Vs. Public Service Commission, 59 DLR 182 =1997 BLD 64. Lawyers Involved: Md. Raisuddin Ahmed, Advocate — For the Petitioners. Md. Jafar Imam, Assistant Attorney General — For the Respondents. Writ Petition No. 10851 of 2006. Judgment SM Ziaul..

Category: Others | Date: 16 May, 2007 | Hits: 4

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