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State Vs. Md. Nasim and others, 2005, 34 CLC (AD)

....and order dated 18-7-2004 passed by the High Court Division in Criminal Miscellaneous Case Nos. 9064, 8038 and 4275 of 2002). Judgment Amirul Kabir Chowdhury J.- The State represented by the Deputy Commissioner, Dhaka seeks leave to appeal against the judgment and order dated 18‑7‑2004 ......he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ....... Ed. ......bir Chowdhury J State…………Petitioner Vs. Md. Nasim and others………………Respondents Judgment March 27, 2005. Lawyers Involved: Faisal H Khan, Assistant Attorney-General, instructed by Md. Ahsanullah Patwary, Advocate-on-Record— For the Petitioner. Amir-ul..

Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95

State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)

....ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ......ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ......l Kabir Chowdhury J The State………...Appellant (In Criminal Appeal No. 18 of 1998) Alhaj Abdul Wadud Khan…….....Petitioner (In Criminal Petition No. 102 of 1999) Vs. Omar Faruque and others…………....Respondents (In both the cases) Judgment March 23, 2005 Result: ...... Omar Faruque and others…………....Respondents (In both the cases) Judgment March 23, 2005 Result: The appeal is allowed. Lawyers Involved: Faisal H. Khan, Assistant Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the appellant (In Criminal Appea..

Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89

Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh Vs. Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others, 2005, 34 CLC (HCD)

.... to disclose their sources of information is disposed of as no finding is necessary in this case. Ed. This Case is also Reported in: 57 DLR (2005) 670.       ...... to disclose their sources of information is disposed of as no finding is necessary in this case. Ed. This Case is also Reported in: 57 DLR (2005) 670.       ......others...........Respondents Judgment March 21, 2005. Result: The application is disposed of. Cases Referred to- Case No.6506 of 2000, State Vs. Chief Editor Manabjamin and others; State Vs. Brahma Prakash, AIR 1950 All 556 (FB); AIR 1952 (SC) 152; AIR 1953 SC 195; 45 ....... Brahma Prakash, AIR 1950 All 556 (FB); AIR 1952 (SC) 152; AIR 1953 SC 195; 45 IC, 338, AIR 1927 (Lah); In re An Advocate of Allahabad, AIR 1935 at page 1; Andrepaul Trence Ambard Vs. State Attorney-General of Trinidad and Tobago, AIR 1936 Privy Council 141; Brahma Prakash Vs. State of UP, AIR 1954..

Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7

Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....ule is made absolute. Cases Referred to- Mozammel Hossain Vs. The State, 17 BLD 635; Sahjahan Mallik and others Vs. The State, 3 BLC 269; Babul Vs. Government of Bangladesh, represented by the Deputy Commissioner, Noakhali and another, 49 DLR (AD)111; State of U.P. Vs. Mohammad Nooh, AIR 1958......risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ...... High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Huq J Ali Hossen @ Ali & another……………………Petitioner Vs. Bangladesh and others………………………….Respondent Judgment March 20, 2005. Result: The......risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ..

Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71

Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)

....nd having 50% share in Messrs Surma Paribahan Sangstha and submitted self-assessment, income tax return for the assessment year 2000‑2001, under section 83A of the Income Tax Ordinance, 1984 to the Deputy Commissioner of Taxes showing income from Messrs Good Luck Transport Agency at Taka 95,150 an......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......e is also Reported in: 57 DLR (2005) 756. ...... Commissioner of Income Tax, ITR (1951) Vol. 20 page 287. Lawyers involved: Shah Khashruzzaman with Reshma Sultana, Advocates-For the Applicant. Kazi Waliul Islam, Assistant Attorney-General- For the Respondent. Reference Application No.594 of 2003. Judgment Md. Abdul..

Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4

Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)

....9 and 200 of the Penal Code against the appellant along with other persons responsible for allowing the appellant to participate in the election. 2.  Government of Bangladesh and Deputy Commissioner Jhalakathi filed Civil Appeal No. 230 of 2004 arising out of the same judg­......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......howdhury J Abdul Halim Gazi ..........Appellant (In Civil Appeal No. 229 of 2004) Government of Bangladesh through the Secretary, Ministry of Local Government, Engineering and Rural Development, Bangladesh Secretariat, Ramna, Dhaka and Others.....Appellants (In Civil App...... Advocate (Faheemul Huq, Advocate, with him) instructed by Md. Nowab Ali, Advocate-on-Record-For the Appellant (In Civil Appeal No. 229 of 2004) Abdur Razaque Khan, Additional Attorney General, instructed by Md. Ahsanullah Patwary, Advocate-on-Record-For the Appellant (In..

Category: Election Law | Date: 15 Mar, 2005 | Hits: 168

Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)

....r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779.   ......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779.   ......(2005) 779.   ......LD 695; Abdul Mannan and others Vs. State, 44 DLR (AD) 60. Lawyers involved: Khurshid Alam Khan with Ziaur Rahman- For the Petitioners.     MU Ahmed, Assistant Attorney-General- For the State. Criminal Revision No. 451 of 2002. Judgment Siddiqur Rahman M..

Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4

Ayub Ali Vs.State, 2005, 34 CLC (HCD)

....ayet Uddin Awronga Vs. State, 46 DLR (AD) 186. Lawyers Involved: Md. Khurshid Alam Khan with Md. Ziaur Rahman- For the Petitioner. M Amirul Islam with Sajawar Hossain, Nikhilesh Dutta, Deputy Attorney-General- For the Opposite Party-State. Criminal Revision No.93 of 2005 Jud......le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230.     ...... State..............................................Opposite Party Judgment March 12, 2005. Result: The Rule is discharged. Cases Referred to- Deepak Dwarkadas Patel and another Vs. State of Gujarat, 1980 CriLJ 29; Hemayet Uddin Awronga Vs. State, 46 DLR (AD) 186. ......ga Vs. State, 46 DLR (AD) 186. Lawyers Involved: Md. Khurshid Alam Khan with Md. Ziaur Rahman- For the Petitioner. M Amirul Islam with Sajawar Hossain, Nikhilesh Dutta, Deputy Attorney-General- For the Opposite Party-State. Criminal Revision No.93 of 2005 Judgment Khade..

Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3

Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)

....ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Star Jute Mills Ltd. ……………………………Petitioner Vs. Chairman Labour Court, Khulna and others.......Respondents Judgment March 12, 2005. The Employment of Labour (Standing Or......03 passed by the High Court Division in Writ Petition No.3481 of 200I along with Writ Petition Nos. 1122-1128 of 2003). Judgment Md. Fazlul Karim J.- Star Jute Mills Limited represented by its General Manager seeks leave to appeal in these petitions impugning judgment and order dated 6-4-2003..

Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110

AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)

.... and socially. The Executive Engineer, Dhaka Division 2, National Housing and Settlement Division 2, Mohammadpur, Dhaka by Memo No.E­-19/360/1(2)/Dha Dhe‑2, dated 12‑3‑2002 addressed to the Deputy Director (Administration and Training), National Housing Authority, Segun­bagicha, Dhaka,......ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725.       ......iction) Present: SAN Mominur Rahman J Moyeenul Islam Chowdhury J AK Fazlul Hoque ..........................................Petitioner Vs. Secretary, Ministry of Housing and Works and others..............Respondents Judgment March 8, 2005. Result: Th......ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725.       ..

Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2

Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)

....ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ......ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ......Special Original Jurisdiction) Present: Syed Amirul Islam J Md. Abu Tariq J Mizanur Rahman (Md.)...................................Petitioner Vs. Commissioner of Customs and others...............Respondents Judgment March 6, 2005. Result: The Rule is......nts Judgment March 6, 2005. Result: The Rule is made absolute. Lawyers Involved: Golam Mohiuddin, Advocate‑ For the Petitioner. Nahid Mahtab, Assistant Attorney‑General‑ For the Respondents. Writ Petition No.49 of 2005. Judgment Md. Abu Tariq J..

Category: Fiscal/Taxation Law | Date: 6 Mar, 2005 | Hits: 1

Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)

.....  21. In the background of the discussions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. .......  21. In the background of the discussions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. ......Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzal Islam J  Hazi Md Hossain @ Md Aowlad Hossain and others.....................Appellants Vs. Obaidul Haque and others... ..................  21. In the background of the discussions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. ..

Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308

Secretary, Rahmat-E-Alam Islam Mission and Etimkhane No.1 Railgate Tejgaon, Dhaka Vs. Md. Safiqul Huq and others, 2005, 34 CLC (HCD)

....………………………………………..Petitioner Vs. Md. Safiqul Huq and others………………………………………………..Opposite Parties With Additional Deputy Commissioner (Rev), Dhaka and In-charge, vested property, Dhaka District, Collectorate Build...... both the aforesaid rules. Both the rules are therefore discharged without any order as to costs. Send down the L.C.R. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 75. ......: 26 BLD (HCD) (2007) 75. ...... both the aforesaid rules. Both the rules are therefore discharged without any order as to costs. Send down the L.C.R. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 75. ..

Category: Property Law | Date: 23 Feb, 2005 | Hits: 5

M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)

....e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ......e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ......on) Present: ABM Khairul Haque J ATM Fazle Kabir J M/s. Shanker Kumar Das………………………………………………………….Petitioner Vs. Government of Bangladesh and 6 others………………………………..Respondents Judgment February 23, 2005. R......February 23, 2005. Result: The Rule is made absolute. Lawyers Involved: Mahbubey Alam with Zahirul Alam Babor, Advocates-For the Petitioner. A.H.M. Mushfiqur Rahman, Assistant Attorney-General-For the Respondents. Writ Petition No.1633 of 2003. Judgment ABM Khairul Haque J.-T..

Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31

HBS Association (Pvt.) Ltd. & others Vs. Prof. Shahabuddin Khaled Chowdhury and others, 2005, 34 CLC (AD)

.... and we find no cogent reason to interfere with the same. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ...... and we find no cogent reason to interfere with the same. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ......ase is also Reported in: V ADC (2008) 271. ......d management of the company though the petitioners own 27.50% of the shares in the company; the petitioners were kept in the dark about the affairs of the company by the respondents; no Annual General Meeting of the Company has been held since 1985; financial bungling committed by the respond..

Category: Company Law | Date: 22 Feb, 2005 | Hits: 364

Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)

.... On 08.06.1989 the H.S.C. Examination under the Jessore Board started in Muladi College Centre. Mr. Abdur Rouf, Assistant Commissioner and Magistrate, First Class, Barisal Sadar was deputed by the Deputy Commissioner, Barisal by an order dated 05.06.1989 to be in charge of Muladi Examination Cen...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal.  15. The appeal is dismissed without any order as to cost.  Ed. ......; A. B. M. Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate -on-Record- For the Respondent.  Civil Appeal No. 79 of 2003.  (From the judgement and order dated 9-11-2000 passed by the Administartive Appellate Tribunal in Appeal No. 66 of 1998).......sing judicial function, consultation with the Supreme Court is a must……………….(12) Lawyers Involved:  A. J. Mohammad Ali, Attorney General, instructed by B. Hossain, Advocate- on-Record- For the Appellant  A. B. M. Nur..

Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126

Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)

....lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......sion (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Bangladesh, represented by the Secretary, Ministry of Works, Housing and Settlement and ors................Petitioners Vs. Md. Abu Dakar and others... ........y plot to the Writ Petitioner. There is no ground to interfere with the order. The Petition is dismissed…….(4) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Petitioners. Not represe..

Category: Property Law | Date: 16 Feb, 2005 | Hits: 69

SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....hority for release and restoration of the disputed land. Accordingly, the land was released from the list of vested property and ultimately it was restored to the original owner. Respondent No.6, the Deputy Commissioner, Dhaka filed a suit being Title Suit No.28 of 1992 in the 3rd Court of Additiona......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ......so Reported in: 57 DLR (2005) 267.             ......s‑ For the Petitioner. Khondker Mahbubuddin Ahmed with KZ Alam, Advocates- For Respondent No.8. Dr. Naim Ahmed Advocate- For Respondent No.9. ANM Musfiqur Rahman, Assistant Attorney-General‑For the Respondent No.2. Writ Petition No.4433 of 2003. Judgment Syed Mahmu..

Category: Property Law | Date: 16 Jan, 2005 | Hits: 7

Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)

....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......orted in: 57 DLR (2005) 494. ......wyers Involved: Hasan Foez Siddique with Serajul Islam with Farhad Ahmed with Md. Masud Hasan Chowdhury, Advocates-­ For the Appellants. SM Aminur Rahim Chandan, Assistant Attorney­-General‑ For the State. Criminal Appeal No.696 of 1997. Judgment Sheikh Abdul Awal ..

Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3

Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

.... to show cause as to why the Notification under Memo No.স্মারক নং-স্বঃমঃ(পু-১)/বিবিধ-১১/২০০১ dated 1-7‑2002 issued under the signature of the Deputy Secretary (Police), Ministry of Home Affairs, Government of Bangladesh should not be declared......cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......Jurisdiction) Present: Md. Joynul Abedin J Zubayer Rahman Chowdhury J Barkatullah Khan (Md.)......................................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment January 15, 2005. Result: The R...... The Rule is made absolute. Lawyers Involved: Mahbubur Rahman with Md. Salahuddin Dolon and Mohammad Abu Taher, Advocates- For the Petitioner. Zaman Akhter Bulbul, Assistant Attorney-General­- For the Respondents. Writ Petition No.5557 of 2003. Judgment Zubayer Ra..

Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2