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Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)

....21, 2011. Result: The appeal is allowed. Case Referred to- Suhel Rana Vs. State, 57 DLR 591. Lawyers Involved: Harunur Rashid, Advocate - For the Appellant. Hazi Ebadot Hossain, Assistant Attorney-General - For the State. Criminal Appeal No.1439 of 2006. ......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......tant Attorney-General - For the State. Criminal Appeal No.1439 of 2006. Judgment M Enayetur Rahim J.- Convict Nazmul Islam alias Nazu has preferred this appeal against the judgment and order of conviction and sentence dated 6-3-2006 passed by the learned Judge, Nari-o-Shishu Nirjatan ......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460...

Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165

Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)

....ance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ...... Md. Ashfaqul Islam J. - This Reference applica­tion under section 160(1) of the Income Tax Ordinance, 1984 (hereinafter referred to as Ordinance, 1984) has been filed by the applicant against an order of the Taxes Appeal Tribunal, Division Bench-5 Dhaka, passed in Income Tax Appeal No. 4408 of ......any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ..

Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123

GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....ppellate Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J GK Brothers and another...........Principal-Defendant Appellants Vs. Imperial Chemical Industries Bangladesh Limited.........Plaintiff-Respondent Judgment March 20, 2011. Result: The ...... land in favour of appel­lants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......84 (exhibit-'kha'). Thereafter, the present plaintiff preferred Civil Petition for Leave to Appeal No.274 of 1984 before the Appellate Division and that was dis­missed by the judgment and order dated 28-2-1985 vide exhibit 'Gha'. The Appellate Division directed the present appell...... land in favour of appel­lants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ..

Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2

Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)

.... Appellate Division (Civil) Present: Md. Mozammel Hassain J Surendra Kumar Sinha J Wahhab Miah J Nazmun Ara Sultana J Syed Mahhmud Hossain J Maulana Mohammad Shamsul Huq and others........................Petitioners Vs. Abu Taher and others…………......ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......dvocate instructed by Mrs. Mahmuda Begum, Advocate on Record-For the Petitioners Not represented-the Respondents Civil Petition for Leave to Appeal No.1450 of 2009. (From the judgment and order dated 12.05.2009 passed by the High Court Division in Civil Revision No.4049 of 2006.) Judgm......ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ..

Category: Property Law | Date: 20 Mar, 2011 | Hits: 84

Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)

....tioner Vs. Md. Yusuf Ali and others…………………….Opposite Parties Judgment March 20, 2011. Lawyers Involved: Joya Bhattacharjee, Advocate-For the petitioner. Sk. Forhadul Haque, appearing for Md. Abdul Jabber, Advocate-For opposite party No.1. Civil Revision No. ......he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ....... Judgment Md. Ruhul Quddus J. - This Rule at the instance of a vendor, was issued on an application under section 115 (1) of the Code of Civil Procedure to examine the legality of judgment and order dated 11.4.2001 passed by the Subordinate Judge (now Joint District Judge), Second Court, Satk......he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 20 Mar, 2011 | Hits: 59

Chunnu Vs. State, 2011, 40 CLC (HCD)

....ess place by rickshaw. When Mongru reached in front of the pan-shop of Munna, situated on the Southern side of Amin More (intersection), the Appellants along with other miscreants, being armed with dead­ly weapons, seized and attacked him. In the course of such attack, the Appellant Md. Rafi Kha......icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ...... are taken together for hearing and dis­posal by the same judgment. 2.  The Convict-Appellants ("the Appellants") have preferred the aforesaid appeals against the judgment and order dated 23-11-2004 passed by the Druto Bichar Tribunal, Rajshahi in Druto Bichar Tribunal Case N......icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ..

Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6

Alomgir Hossain alias Abdul Aziz Vs. State, 2011, 40 CLC (HCD)

.... Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ssistant Attorney General-For the respondent. Criminal Appeal No. 1203 of 2010. Judgment AKM Asaduzzaman J. - This appeal was preferred under section 30 of the Special Powers Act against the order No.6 dated 15.02.2010 passed by the Special Tribunal No.1, Gopalganj, in Special Tribunal Case......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 15 Mar, 2011 | Hits: 76

M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)

....t fee. On 11.5.2004 the plaintiff bank filed the deficit court fee. This petitioner, as bor­rower defendant, appeared-in that Artha Rin Suit and filed written statement and ultimately the suit was ready for trial and trial also commenced. At that stage, on 25.9.2008, this defendant-petitioner filed......peal is thus disposed of with the above obser­vations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ......instruct­ed by Syed Mahbubur Rahman, Advocate-on-Record- For respondent No.1. Not respondent-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 1196 of 2010. (From the judgment and order dated 11.03.2010 passed by the High Court Division in Writ Petition No.8731 of 2008.) Judgm......peal is thus disposed of with the above obser­vations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ..

Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247

Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)

....charged. Cases Referred to- MH Chowdhury Vs. GM, Titas Gas Transmission and Distribution Co. Ltd. 1981 BLD (AD) 61; Bajya Vs. Smt Gopikabai, AIR 1978 (SC) 793; People's Republic of Bangladesh, represented by the Deputy Commissioner Dhaka Vs. Md. Alauddin alias Alauddin Sarker, 38 DLR (...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448.   ......rah Mahbub J.- In this Rule, issued under Article 102 of the Constitution of the People's Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned office order vide memo No. PBI/N.GONJ/ Release Order LPR 405/09, dated 25-2-2009 (Annexure-D) purported to ...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448.   ..

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3

Md. Nazim Vs. State, 2011, 40 CLC (HCD)

....th the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ...... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ......t AKM Asaduzzaman J. - On an application under section 561A of the Code of Criminal Procedure this rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 24.7.2008 passed by the learned Metropolitan Special Tribunal No.7 and Juvenile Court...... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133

Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)

.... down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ...... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ......que J.- On an application under Section 115 of the Code of Civil Procedure by the petitioner the Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned Judgment and order dated 18-2-1999 passed by the Subordinate Judge, 2nd Court, Manikganj in Miscellaneous Appeal ...... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ..

Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185

Major (Retd.) Nurullah and another Vs. State and Bother, 2011, 40 CLC (HCD)

.... application. 5. The learned Counsel appearing for the petitioners submits that the allegations as embodied in the first information report will come within the purview of section 59 of the Bangladesh Army Act. So the proceedings under the Ain, 2000 is an abuse of the process of the Court which......n view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 831. ...... report will come within the purview of section 59 of the Bangladesh Army Act. So the proceedings under the Ain, 2000 is an abuse of the process of the Court which is liable to be quashed. 6. In order to appreciate his submissions we have gone through the record and given our anxious considerat......n view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 831. ..

Category: Women and Children | Date: 8 Mar, 2011 | Hits: 90

Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)

.... 63 DLR (2011) (HCD) 260. ......er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......r Article 102(2)(a) read with Article 44 of the Constitution of the People’s Republic of Bangladesh against the Government of Bangladesh, Bangladesh Bank, Grameen Bank and 13 others challenging the order issued vide Memo. No. BRPE(R)760/2011 dated 27.02.2011, Annexure-M by respondent No.3, General......er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ..

Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438

Kazol and others Vs. State, 2011, 40 CLC (HCD)

....n the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ...... appellants. Bashir Ahmed, Assistant Attorney General-For the respondent. Criminal Appeal No. 512 of 2007. Judgment AKM Asaduzzaman J. - This appeal was preferred against the judgment and order dated 31.01.2007 passed by the learned Additional Session Judge, Manikgonj in Session Case No.......e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48

Ahammad Hossen alias Gura Miah Vs. State, 2011, 40 CLC (HCD)

....r at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......espondent. Criminal Appeal No. 4856 of 2010. Judgment AKM Asaduzzaman J. - This appeal was preferred under section 28 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 against the impugned order dated 5.7.2010 passed by the learned Nari-O-Shishu Nirjatan Daman Tribunal No.2, Chittagong in......case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 1 Mar, 2011 | Hits: 103

Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)

....te the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ...... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......or the opposite party. Criminal Appeal No. 4860 of 2010. With Criminal Appeal No. 5688 of 2010. Judgment AKM Asaduzzaman J. - Both the appeals since arisen out of the same judgment and order heard together and disposed of by a single judgment. 2. In both these appeals by the impugn...... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82

Executive Chairman, Bangladesh Export Processing Zones Authority (BEPZA) Vs. M/s. Abdul Mannan and anothers, 2011, 40 CLC (AD)

....orted in: 66 DLR (AD) (2014) 86. ......ation thereof, we do not find any merit in these two leave petitions. Accordingly, these leave petitions are dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 86. ......petitions) None Represented—For the Respondent Nos.2-6 (In both the petitions) Civil Petition for Leave to Appeal Nos.1602 and 1603 of 2010. (Arising out of the same judgment and order dated 17-11-2009 passed by the High Court Division in Civil Revision Nos.389 of 2008 and 422 o......ation thereof, we do not find any merit in these two leave petitions. Accordingly, these leave petitions are dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 86. ..

Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10

Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)

.... Ed. This Case is also Reported in: ......was constrained to file the present Artha Rin Suit for realisation of loan without selling the goods. In the said supplementary affidavit-in-opposition the bank admitted that although there was no ad-interim order of injunction against the bank in Other Class Suit No.81 of 2001, it did not sell the ...... respondent. Writ Petition No. 9069 of 2008. Judgment Md. Ruhul Quddus J.- This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question two orders dated 16.10.2008 and 4.11.2008 respectively passed by the Judge, Artha Rin Adalat No.1, Chitt......ree is not yet satisfied. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187

Hussain Fabrics Ltd. Represented by its Managing Director and another Vs. Haji Momena Khatun and others, 2011, 40 CLC (AD)

..............Respondents Judgment               February 17, 2011. Result: The petition is dismissed. When addi­tional evidence sought to be adduced. It is well established that Order XL, rule 27, C......ubstance hi the submis­sions of the learned Advocate for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 119. ......ladesh as a Director and, as such, he was nei­ther Chairman nor Director nor anybody in the said company and there is no such expression in the com­pany law, namely, "Authority". In order to grab the property the predecessor of the plaintiffs-respon­dents, Mansur Rahman, manage......ubstance hi the submis­sions of the learned Advocate for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 119. ..

Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5

Sanjoy Roy Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....sion (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Sanjoy Roy ………………………………………..Petitioner Vs. Bangladesh and others ……….............Respondents Judgment February 17, 2011. Result......d as being not maintainable. The order of stay passed by this Court at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......and seven hundred thirty and Paisa seventy-five) only from South East Bank Ltd., Shahjalal Upashahar Branch, Sylhet, a private bank operating under the Bank Companies Act (herein respondent No.3). In order to secure the loan, the petitioner issued a cheque against the said amount. As the petitioner ......d as being not maintainable. The order of stay passed by this Court at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 17 Feb, 2011 | Hits: 174