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Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....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....... Court, Dhaka should not be quashed. 2. Pending disposal of the Rule, all further proceedings of the said Metropolitan Sessions Case was also stayed by this Court. 3. Background facts necessary for disposal of the Rule in a nutshell is that the complainant opposite party No.2 filed the Compl......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.......s 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, Advocates - For the Petitioner. Mahbubur R..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....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. ......party Nos.72-78 as plaintiffs instituted Title Suit No.241 of 1999 in the Court of the then Subordinate Judge, 2nd Court, Narayangonj impleading the opposite party Nos.1, 3-71 as defendants praying for declaration of title in respect of 7.50 and 3.50 acres of land as described in the schedule of......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. ......………………Opposite parties Judgment April 28, 2010. Result: The Rule is made absolute. Cases Referred to- 42 DLR (AD) 234; 1 BCR 131; AIR 1968 (Guj) 301. Lawyers Involved: Probir Haider, Advocate - For the petitioners. Arobinda Kumar Roy, Assis..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....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. ......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 Government failed to prove the legal foundation for enlisting the suit property in the census report of the vested property and the plaintiffs led s......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. ...... Claim by the government or by the vested property authority that a certain property is a vested property without the necessary factual basis and legal foundation has no validity in the eye of law. Laws relating to enemy properties now vested properties are fairly well settled by now, properties w..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
.... 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.......: None appears - For the Petitioner. Nizamul Haque Nazim, Assistant Attorney General - For the State. Criminal Miscellaneous Case No. 14286 of 2007 (An Application u/s 561A Cr.P.C for quashment of proceedings u/s 138 of the Negotiable Instruments Act, 1881 in session case No. 161...... 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....... 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. Lawyers Involved: None appears - For the Petitioner. Nizamul Haque Nazim, Assistant Attorn..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... 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 .......ccused-Petitioner Vs. State and another..............Opposite-Parties Judgment April 22, 2010. Result: The rule is made absolute. Conditions to be fulfilled for bringing a case for quashment proceeding To bring a case within the purview of section 561...... 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 .......oppression or needless harassment……………….(20) Cases Referred to- Begum Khaleda Zia Vs. State, 55 DLR 596; 1997 BLD (AD) 44 = 2 BLC (AD) 16; 28 DLR (AD) 38; 31 DLR (AD) 69. Lawyers Involved: Sheikh Fazle Noor Taposh with AFM Mesbahnddin, Nurul Islam Sujon, Md. Mehedi ..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....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. ......; Amrik Singh Vs. State of Pepsu, AIR 1955 SC 309 Lawyers Involved: Jaynul Abedin, Advocate-On-Record-For the Petitioner. None Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 293 of 2009. (From the judgment and order dated 10.02.2009 passed by th......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. ...... (35) 1948 Privy Council 128; Lumbhardhar Zutshi Vs. Emperor, AIR 1948 Bom 79; Afzalur AIR 1943 FC18; Matajog Dobey Vs. H.C. Bhari AIR 1956 SC 44; Amrik Singh Vs. State of Pepsu, AIR 1955 SC 309 Lawyers Involved: Jaynul Abedin, Advocate-On-Record-For the Petitioner. None Represented..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
..... 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 . ......plication under Order IX rule 13 of the Code two questions are primarily to be answered: (a) Whether summons were duly served on the defendant, and (b) Whether the defendant has sufficient cause for non appearance in spite of the service of summons on him. Mere appearance of the Government Ple....... 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 . ......ah 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 with Salim Reza Chowdhury, Advocate - For the petition..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)
....the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ......r, Customs, Excise and VAT, claiming Tk.4,86,721.00 and imposing a penalty of Tk. 10,00,000.00 upon the petitioner-company under section 37(2) of the VAT Act, 1991 (herein after referred to as Act) for allegedly evading payment of VAT, should not be declared to have been passed without lawful au......the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ...... Cases Referred to- Bombay Sweets and Company Ltd. Vs. President, Appeal Tribunal, 5 ADC 478; RM Oil Refinery Ltd. Vs. Appellate Tribunal, Customs, Excise and VAT and others, 9 BLC 207. Lawyers Involved: Golam Mohiuddin, Advocate - For the petitioner. Tapash Biswas, Assistant..Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8
Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... 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. ...... has in respect of their prima-facie satisfaction about the petitioner's involvement in aiding and abetting the principal accused may only be seen by the trial Court when the evidence is placed before it. At that stage the petitioner will have the opportunity to challenge the evidence produced b...... 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. ...... Cases Referred to- Salma Shahadat Vs. State, 14 BLC 26; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69; Anti Corruption Commission and others Vs. Mahmud Hossain and others, 61 DLR (AD) 17. Lawyers Involved: A.M. Mahbub Uddin, Advocate with Nazmul Huda, Advocate, A.H.M. Mizanur Rahman..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... 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: 62 DLR (HCD) (2010) 511. ...... Result: The Rule is discharged and connected stay order is vacated. Cases Referred To- Anti-Corruption Commission, represented by its Chairman, Dhaka Vs. Shamima Begum, Civil Petition for Leave to Appeal No.1656, 1658-59 of 2008; Anti Corruption Commission Vs. Md. Hasan, Civil Petiti...... 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: 62 DLR (HCD) (2010) 511. ......mission Vs. Md. Hasan, Civil Petition for Leave to Appeal No.1432 of 2008; Salma Shahadat Vs. State, 14 BLC 26; CPLA No.1432 of 2008; ACC Vs. Mahmud Hossain, 61 DLR (AD) 17; CPLA No. 22 of 2010. Lawyers Involved: Rafique-ul-Huq, Senior Advocate with Ahsanul Karim with Faheemul Huq, Advocat..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
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)
....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. ......petitioners in availing Bank facilities pursuant to the alleged CIB Embargo noted as B-code 2614 and B-code 2615 imposed on 30-06-1998 in the ledger of CIB, Bangladesh Bank. 2. Relevant facts for disposal of the Rule, in short, are that the petitioners are the citizens of Bangladesh and the......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. ......esh Secretariat, Ramna, Dhaka, and others……………………………………Respondent Judgment March 16, 2010. Result: The Rule is disposed of with observations. Lawyers Involved: Anupam Biswas with Sabya Sachi Mondal - For the Petitioners. Fahed Mahm..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
..... 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. ......nce came into existence some time after the disposal of the suit, the appellate Court would be justified in admitting the additional evidence even at the appellate stage, if the Court thinks that but for the additional evidence there would remain some inherent lacuna and defect in the evidence made ....... 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. ......nnibai, AIR 1957 Nag 15; Radha Krishna Vs. Dwaraka Das, 36 DLR (AD) 253; Keramat Ali Vs. Yunus, 15 DLR (SC) 120; Sagarmal Vs. Annpurna, AIR 1964 Pat 298; Montazullah Vs. Farasatullah, 26 DLR 31. Lawyers Involved: TH Khan, Advocate—For the Appellants. Fida M Karnal, Advocate&mda..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....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: ......ed in: ......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: ......; R Vs. Reading Crown Court ex p Hutchinson, 1988 QB 384; R Vs. Devizes Justices ex p Lee; DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr. L. R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; R Vs. Chief Constable of Merseyside ex p Calveley, 1986 Q.B. 424; Leach Vs. Deputy Gover..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka.....................Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabinet Division, Government of the People’s Republic of Bangladesh, Bangladesh ......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......; R Vs. Reading Crown Court ex p Hutchinson, 1988 QB 384; R Vs. Devizes Justices ex p Lee; DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr. L. R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; Boddington Vs. British Transport Police; R Vs. Chief Constable of Merseyside ex p Calvel..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......nd Upazilla: Tungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka...... Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabinet Division, Government of the People’s Republic of Bangladesh, Bangladesh ......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......; R Vs. Reading Crown Court ex p Hutchinson, 1988 QB 384; R Vs. Devizes Justices ex p Lee, DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr. L. R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; Boddington Vs. British Transport Police; R Vs. Chief Constable of Merseyside ex p Calvel..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......and others....Respondents. Judgment March 1, 2010. Result: The Rule is disposed of with observations. The Penal Code, 1860 (XLV of 1860); section 82 It is a tragedy that the law enforcing agencies are unaware of the fundamental laws of the country, namely s. 82 of the Penal Code,......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......ct and the sanction that is provided under section 46 of the Children Act…………………………(34) Case Referred to- State Vs. Metropolitan Police Commissioner, Khulna, 60 DLR 660. Lawyers Involved: Ms. Fahima Nasrin, Advocate-For three children. Md. Nazrul Islam Talukder, D..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ...... The General Clauses Act, 1897 (Act No. X of 1897); section 5 Whether the Bankruptcy Act, 1997 is a retrospective legislation? The purpose of promulgation of the Bankruptcy Act was only for easy disposal of loan cases between financial institution granting loan and the loanee. After p......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ...... application from the decree holder but not at the desire of the judgment debtors……………………………….(20) Case Referred to- Mathai Vs. Varkey, AIR 1964 (SC) 907. Lawyers Involved: Mansur Habib - For the Petitioners. No one appears - For the Opposite P..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7