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Mohi Ahmed Chowdhury Vs. Kashipur Tea Estate Company Limited and others, 2010, 39 CLC (HCD)

.... Cases Referred to- Pasanda Bibi Vs. Sunaruddis, 4 DLR 157; Rejendra Lur Vs. Mahaslev, 27 DLR 232; Md. Adil Uddin Vs. Md. Adiluddin, 33 DLR 89. Lawyers Involved: SK. Sharifuddin, Advocate - For the Appellant. K. S. Salah Uddin Ahmed, Advocate - For the Respondents.&nb......) Present: Sharif Uddin Chaklader J Md. Fazlur Rahman J Mohi Ahmed Chowdhury……………………………Appellant Vs. Kashipur Tea Estate Company Limited and others……………&hell......ssal for default. In the result, this application is rejected. Md. Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 309; 18 BLT (HCD) (2010) 415. ......ssal for default. In the result, this application is rejected. Md. Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 309; 18 BLT (HCD) (2010) 415. ..

Category: Procedural Law | Date: 18 Jul, 2010 | Hits: 140

Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)

....Rashid Talukder Vs Md. Mahbubur Rahman Talukder and others, 1 MLR (AD) 286; Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185. Lawyers Involved: Md. Ashraful Alam, Advocate - For the Petitioner. Shamsuddin Babul with Kanai Lal Shaha, Advocates - For the Opp......gh Court Division (Civil) Present: Borhanuddin J Abeda Khatun being dead her heirs: Hafizuddin, son of late Ali Akbar and others……………………Defendant-Petitioners Vs. Md. Idris Mia son of late Korban Ali and others…………………Defendant-opposite par......order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ......order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ..

Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3

Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)

....fore the High Court Division cannot be denied on the plea that he did not surrender before the Court which passed that order………………(13) Lawyers Involved: Pankaj Kumar Kundu, Advocate - For the Petitioner. Jahangir Alam, Advocate - For the Respondent No.2. Writ Pe...... High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hassan Arif J Ziaur Rahman (Md.)…………………….........Petitioner Vs. Artha Rin Adalat & others………………………..Respondents Judgment Ju......law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ......that order before the High Court Division cannot be denied on the plea that he did not surrender before the Court which passed that order………………(13) Lawyers Involved: Pankaj Kumar Kundu, Advocate - For the Petitioner. Jahangir Alam, Advocate - For the Respondent No.2...

Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48

General Manager, Meghna Petroleum Ltd. and others Vs. Sultan Ahmed and others, 2010, 39 CLC (AD)

....jurisdiction of judicial review the High Court Division cannot sit over the internal administrative actions taken an autonomous body…….(4) Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Appellant. ASM Kalequzzaman, Advocate-on-Record—For Resp......; Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J General Manager, Meghna Petroleum Ltd. and others ..........Appellants Vs. Sultan Ahmed and others......................................Respondents Judgment &nbs...... disposed of in the High Court Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ......ent: Md. Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem J Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J General Manager, Meghna Petroleum Ltd. and others ..........Appellants Vs. ..

Category: Constitutional Law | Date: 13 Jul, 2010 | Hits: 4

ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)

.... Cases Referred To- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 60 DLR (AD) (2008) 195; Shamsul Alam Vs. State, 60 DLR (2008) 677. Lawyers Involved: Munshi Moniruzzaman, Advocate-For the petitioner. Zoglul Haider Afric, Advocate-For the opposite party No.1. Cr......gh Court Division (Criminal Miscellaneous Jurisdiction) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J ATM Salim Chowdhury...............................Petitioner Vs. The State.................................................Opposite party Judgment ......anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ..

Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187

AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)

....………………………..Opposite party Judgment July 12, 2010. Result: The Rule is discharged. Lawyers Involved: No one appears - For the petitioner. Mohammad Imtiaz Farooq Advocate, with Iftekhar Jonaed, Advocate - For the opposite party. Civil Revision No.472 o......urt High Court Division (Civil Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J Md. Nuruzzaman J AL-Arafah Islami Bank Limited……………………………Petitioner Vs. M/S. Nobel Enterprise………………………………..Opposite party Judgment July......on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ......on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ..

Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28

Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)

....dgment July 11, 2010. Result: The appeal is disposed of. The Civil Rule No.931 (FM) of 2009 is disposed of with observations. Lawyers Involved: Gazi Md. Neamat Hossain, Advocate - For the Appellant. KS Salauddin Ahamed with Mizanur Rahman, Advocates - For th...... (Civil Appellate Jurisdiction) Present: SM Ziaul Karim J Md. Nuruzzaman J Kohinoor Chemical Co. (BD) Limited.………………..Appellant Vs. Unilever Bangladesh Limited…………………Responde...... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ...... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ..

Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269

Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)

....handra Marwala, (1974) 3 SCC 220; Neelima Shangla Vs. State of Haryana, (1986) 4 SCC 268; Jatendra Kumar Vs. State of Punjab, (1985) 1 SCC 122. Lawyers Involved: Abdur Rob Chowdhury, Senior Advocate (with Salauddin Dolon), instructed by Zahirul Islam, Advocnte-on-Record—For the......Karim CJ Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J MM. Hossain J SK Sinha J Monir Hossain (Md.) and anothers........................Petitioners Vs. Bangladesh and others........................................Respondents Judgment ......No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......ses Referred To- Shankarasan Vs. Union of India, (1991) 3 SCC 47; State of Haryana Vs. Subhash Chandra Marwala, (1974) 3 SCC 220; Neelima Shangla Vs. State of Haryana, (1986) 4 SCC 268; Jatendra Kumar Vs. State of Punjab, (1985) 1 SCC 122. Lawyers Involved: Abdur Rob Chowdhury, Senior..

Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104

Bangladesh Legal Aid and Services Trust and Others Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

....tion) Present: Syed Mahmud Hossain J Gobinda Chandra Tagore J Bangladesh Legal Aid and Services Trust and Others…………………….Petitioner (In Writ Petition No. 5863 of 2009). Advocate Md. Salahuddin Dolon……………………….Petitioner (In Writ Petition No. 754 of 201......alahuddin Dolon……………………….Petitioner (In Writ Petition No. 754 of 2010). Mahbub Shafique and others………………………..Petitioners (In Writ Petition No. 4275 of 2010). Vs. Government of Bangladesh and Others………………………..Respondents. Judgment J...... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1....... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1...

Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335

Chairman, National Board of Revenue (NBR) Vs. Advocate Zulhas Uddin Ahmed and others, 2010, 39 CLC (AD)

....tin J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J The Chairman, National Board of Revenue (NBR), Shegunbagicha, Dhaka, Bangladesh............…Petitioner Vs. Advocate Zulhas Uddin Ahmed and others.............Respondents Judgment July 8, 2010. Result: Th......ul Matin J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J The Chairman, National Board of Revenue (NBR), Shegunbagicha, Dhaka, Bangladesh............…Petitioner Vs. Advocate Zulhas Uddin Ahmed and others.............Respondents Judgment July 8, 2010. Result...... of the learned Assistant Attorney General appearing for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52. ......gh Court Division Judgment here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J The Chairman, National Board of Revenue (NBR), Shegunbagicha, Dhaka, Bangladesh........

Category: Health Law | Date: 8 Jul, 2010 | Hits: 376

Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)

....rani bank, 54 DLR (AD) 6; Sultana Jute Mills Ltd Vs. Agrani Bank, 14 BLD (AD) 196 = 46 DLR (AD) 174; Jamalus Sattar Vs. Badrul Hoque, 16 DLR 593. Lawyers Involved: M Quamrul Hoque Siddique, Advocate—For the Appellant. Jafarullah Chowdhury, Advocate—For the Respondents. ......on) Present: Quamrul Islam Siddiqui J Borhanuddin J Dhirendra Nath Mondal..................Appellant Vs. Agrani Bank Ltd and others.............Respondents Judgment &nb......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ...... Referred to- Yakub All Vs. Arabjan Bibi, 5 DLR 1; Fazlur Rahman Vs. Abdul Jabbar Jamader, 7 DLR 49; Sarat Chandra Majumder Vs. SM Hara Sundari De, 10 DLR 289; Syed Tarabuddin Vs. Kali Kumar Saha Roy, 10 DLR 634; Abdur Rouf Vs. Abdul Hamid Khan, 17 DLR (SC) 515; Shamsuddin Khan Vs. Sh..

Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6

Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)

....que in the bank of the payee for collection and that he cannot transfer this cheque to any other persons by negotiation……………………………(14) Lawyers Involved: Md. Fakhar Uddin, Advocate - For the petitioner. Md. Ali, Advocate - For the opposite party No.2. Criminal Mis......n: 17 MLR (HCD) (2012) 467. ......ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ..

Category: Civil Law | Date: 30 May, 2010 | Hits: 43

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

.... 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 Baharul Islam, Advocates—For the Appellants. SS Barker, Deputy Attorney-General—For the State. ...... 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......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. ......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. ..

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

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

....s. M/S. Sunlit Fashion Limited..................................Respondent Judgment May 19, 2010. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For the Appellants. A. J. Mohammad Ali, Senior Advocate, instructed by Md. Nu...... 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...... 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. ...... 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)

....arafat Ali, 46 DLR 57; Reliable Jute Traders 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 th......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......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 . ......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)

.... invoke writ jurisdiction without exhausting the forum provided under section 9 (2 ka) of the VAT Act. ........ (27) Lawyers Involved: Zakir Hossain Munshi with Ali Akbor Khan, Advocates—For the Petitioner. Israt Jahan, Assistant Attorney-General—For the Respo......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

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

....��………………..(10) Case Referred to- Md. Nurul Abser Miah Vs. Kiron Shankar Nandy and others, 41 DLR 148. Lawyers Involved: Joyanta Kumar Biswas with Md. Jahangir Alam, Advocates - For the petitioner. Md. Abdul Quadir Talukder, Advocate - For the opposite party ......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......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. ......ercise of its judicial discretion……………………..(10) Case Referred to- Md. Nurul Abser Miah Vs. Kiron Shankar Nandy and others, 41 DLR 148. Lawyers Involved: Joyanta Kumar Biswas with Md. Jahangir Alam, Advocates - For the petitioner. Md. Abdul Quadir Talukde..

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

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

....ndent No.3, the Anti-Corruption Commission, however, submits that the petitioner in the instant writ petition did not surrender before the trial Court and he is a fugitive from justice. The learned Advocate submits that the Rule is not maintainable. In support of his contention he referred to the ......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

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

.... 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, Assistant Attorney-General - For the oppos...... (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�......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. ...... 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, Assistant Attorney-General - For the opposite parties. Civil Revision No.3886 of 2..

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

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

....3; Luxmikanti Roy Vs. Upazila Nirbahi Officer, 46 DLR 136;Dayal Chandra Mandal Vs. Assistant Custodian of Vested and Non-resident Property, 50 DLR 186. Lawyers Involved: Abdur Razaque Khan, Advocate with Shahjada-al-Amin Kabir, Advocate—For the Appellants. Md. Jasimuddin, Assist......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. ......ladesh Vs. Paresh Chandra Gharami, 50 DLR (AD) 70; Dayal Chandra Mondal Vs. Assistant Custodian of Vested and Non-Resident Properties (L&B) and ADC (Rev) 50 DLR 186; Arati Rani Paul Vs. Sudarshan Kumar Pal, 56 DLR (AD) 73; Luxmikanti Roy Vs. Upazila Nirbahi Officer, 46 DLR 136;Dayal Chandra Mand..

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

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