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Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....Bakar Siddiquee J Sheikh Hasina................Accused-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 ...... 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 .......001 arising out of Ramna PS Case No.54(12) 2001, now pending in the Court of Divisional Special Judge, Dhaka so far the petitioner is concerned should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The fact relevant for disposal of ...... 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 ...

Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107

Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)

....Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......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. ......volved: 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 the High Court Division in Criminal Miscellaneous Case No.5017 of 2......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. ..

Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119

Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)

.... Case is also Reported in: 17 MLR (HCD) (2012) 416. ......not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ......y-General - For the State. Criminal Revision Case No.693 of 2008. Judgment Md. Shamsul Huda J.- The instant rule was issued calling upon the opposite party to show cause as to why the order dated 19.11.2007 passed by the learned Sessions Judge, Nilphamari in Sessions Case No.21 of 20......not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ..

Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8

Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)

....er 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 Pleader without furnishing Vokalatnama duly signed by the con­cerned authority of the Government and ....... 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 . ......Civil Revision No.1662 of 2009. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of plaintiff Respondent petitioner, calls in question the legality and propriety of Judgment and order dated 10-02-2009 passed by learned Additional District Judge, first Court, Dhaka, allowing Mis....... 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 . ..

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)

.... This Case is also Reported in: 30 BLD (HCD) (2010) 249. ......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. ......2005. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioner M/S. Golden Match Works Limited, this Rule nisi was issued calling upon the Respondents to show cause as to why the order dated 24.10.2005 under Nothi No. CEVT/CASE/(VAT)-2209/2004 (Annexure-C) passed by the Respond......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. ..

Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8

Shabnam Vegetable Oil Industries Limited Vs. Commissioner of Customs (Import) and others, 2010, 39 CLC (HCD)

....e petitioner. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 437. ......4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 437. ......ed, those were heard analogously and are being disposed of by this single Judgment. 2. In Writ Petition No.6460 of 2007 the Rule was issued calling upon the respondents to show cause as to why the orders dated 19.07.2007 (Annexure-G, G-1 and G-2) passed by the respondent No.3 on the ex-Bond Bills......4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 437. ..

Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134

Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

.... Md. Abu Tariq J Sayeda Nasima Sarwar, wife of Majibar Rahman Sarwar…………………………Petitioner Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and oth...... 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. ......t Md. Imman Ali J.- This Rule Nisi was issued upon an application by the petitioner under Article 102 (2)(a) of the Constitution calling upon the respondents to show cause as to why the impugned order, communicated vide Memo No. Dudak/173-2007(Anu:-2)/4776 dated 08.07.07, issued by the responde...... 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. ..

Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103

Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....Chairman, Dhaka Vs. Shamima Begum, Civil Petition for Leave to Appeal No.1656, 1658-59 of 2008; Anti Corruption Commission 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...... 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. ......hellip;.Petitioner Vs. Anti-Corruption Commission and others………Respondent Judgment March 22, 2010. Result: The Rule is discharged and connected stay order is vacated. Cases Referred To- Anti-Corruption Commission, represented by its Chairm...... 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. ..

Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189

Vice-Chancellor and Chancellor of the Syndicate, Sher-E-Bangla Agricultural University Vs. Asia Rahman Shova and others, 2010, 39 CLC (AD)

....ks at the time of hearing of the appeal, if so desire. Ed. This Case is also Reported in: VII ADC (2010) 1008. ......are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire. Ed. This Case is also Reported in: VII ADC (2010) 1008. ......ed by Md. Mazibar Rahman, Advocate-on-Record-For Respondent No.5. Not represented- Respondent Nos.1-4 and 6-9. Civil Petition for Leave to Appeal No.267 of 2010. (From the judgment and order dated the 23rd day of November, 2009 passed by the High Court Division in Writ Petition No.960......are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire. Ed. This Case is also Reported in: VII ADC (2010) 1008. ..

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)

.... Present: Md. Imman Ali J Md. Abu Tariq J Md. Tofazzel Hossain, Son of Late Hajee Asraf Ali and others……………………..Petitioner Vs. People's Republic of Bangladesh, represented by its Secretary, Ministry of Finance, Bangladesh Secretariat, Ramna, Dhaka, and...... is directed to strike out the names of the writ petitioners from the CIB list within a period of fifteen (15) working days from the date of receipt of the copy of this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. ......e nisi was issued calling upon the Respondents to show cause as to why they should not be directed to exempt the petitioners from CIB report of the Bangladesh Bank and or pass such other or further order or orders as to this Court may deem fit and proper. Pending hearing of the Rule the Responden......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. ..

Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7

Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)

....rder at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ....... 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. ......n the deed of agreement it has been stipulated that consideration money is sum of Taka 1,30,00,000 (Taka One Crore Thirty Lakh) only, out of which Taka 40,00,000 (Taka Forty Lakh) only is paid by pay order No.173456 dated 10-6-1993, issued by ANZ Grindlays Bank Pic to the plaintiff, the receipt of w....... 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. ..

Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13

Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

....igh Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Borhanuddin J Sheikh Hasina Wazed, alias, Sheikh Hasina, former Prime Minister of Bangladesh, wife of Dr. Wazed Ali Mia and daughter of the Father of the Nation Late Bangabandhu Sheikh Mu......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: ......s entitled to be discharged, in view of the fact that the FIR and the charge sheet do not disclose any offence whatsoever. That application was, however, turned down and the Court below by it’s order dated 28.8.2008, framed charge against the Petitioner, as stated above. Five other persons wer......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: ..

Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228

Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Borhanuddin J Sheikh Hasina, Former Prime Minister and Chairman, ECNEC, Government of Bangladesh, daughter of the Father of the Nation, Late Bangabandhu Sheikh Mujibur Rahman, Village and Upa......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: ......গতির জন্য উপপৈরিচালক (টাস্ক ফোর্স ৩) দুর্নীতি দমন কমিশন। The above reproduced purported order was based on a First Information Report (FIR), dated 27th March 2002, invoking Sections 409, 4......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: ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102

Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Borhanuddin J Sheikh Hasina, Former Prime Minister and Chairman, ECNEC, Government of Bangladesh, daughter of the Father of the Nation, Late Bangabandhu Sheikh Mujibur Rahman, Village and Upa......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: ......য় অবগতির জন্য উপপৈরিচালক (টাস্ক ফোর্স ৩) দুর্নীতি দমন কমিশন। The above reproduced purported order was based on a First Information Report (FIR), dated 27th March 2002, invoking Sections 409, 4......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: ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131

Humayun Khan @ Md. Humayun Khan and another Vs. Anti Corruption Commission and Others, 2010, 39 CLC (HCD)

.... Commissioners of Customs and Excise Vs. Cure & Deeley Ltd., [1961] 3 All ER 641; Sales Tax Officer, Ponkunnam and another Vs. K.I. Abraham, AIR 1967 (SC) 1823; Aminul Islam & others Vs. Bangladesh Biman Corporation & others, 2 BLD (HCD) 1; Fazlur Rahman and 38 others Vs. Government of B......les is hereby vacated. Bail of the petitioners is cancelled. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 409. ......r, they fixed the sale price at a lower value, thus caused loss to the Government. In due course the charge sheet was filed before the Court of Metropolitan Special Judge, Dhaka where by the impugned order cognizance was taken. Fifteen separate cases were registered. By the two writ petitions before......les is hereby vacated. Bail of the petitioners is cancelled. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 409. ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145

State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)

....on (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J The State..............................Petitioner Vs. The Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others....Respondents. Judgment March 1, 2010. Result: The......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. ...... us, a suo-motu Rule was issued calling upon the Secretary, Ministry of Home Affairs to show cause as to how children aged 7, 9 and 14 years are kept in custody in a prison and why they should not be ordered to be released forthwith. At the same time an explanation was sought from the Inspector Gene......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. ..

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)

....Petitioners Vs. Md. Abdur Rahman Siddique and others………………………….Opposite Parties Judgment February 25, 2010. Result: The leave granting order is made absolute. The Bankruptcy Act, 1997 (Act No. 10 of 1997); section 3 The Ge......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. ......………Petitioners Vs. Md. Abdur Rahman Siddique and others………………………….Opposite Parties Judgment February 25, 2010. Result: The leave granting order is made absolute. The Bankruptcy Act, 1997 (Act No. 10 of 1997); section 3 ......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. ..

Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7

Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)

....igh Court Division (Criminal Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdul Hye J Ayrin Akhter Lypi……………………………………Petitioner Vs. Bahadur Khan and another………………….Opposite Parties Judgment January 27, 2010. Res......his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ...... 339 of 2004. Judgment Afzal Hossain Ahmed J. - This Rule, at the instance of the informant, Ayrin Akhter Lypi, was issued calling upon the opposite parties to show cause as to why the impugned order dated 13.11.2003 passed by the Judge of the Nari-O-Shishu Nirjatan Daman Tribunal, Barisal in ......his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ..

Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156

Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)

.............opposite parties Judgment January 13, 2010. Cases Referred To- Kutu Chand Miah Vs. Rabindra Kumar Deb and others, 22 DLR 29; Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs Amena Khatun and others, 35 DLR (AD) 338. Lawyers Involved: Abdul Quayum with Sk. Md.......L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ......No.1702 of 2007. Judgment Faruque Ahmed J. - This rule at the instance of the pre-emptee petitioner was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 04.04.2007 passed by the learned Joint District Judge, 2nd Court, Chittagong in Miscella......L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ..

Category: Property Law | Date: 13 Jan, 2010 | Hits: 56

Farida Begum Minu and others Vs. Abdul Jabbar being dead his heirs Md. Nurul Amin and others, 2010, 39 CLC (HCD)

.... Supreme Court High Court Division (Civil) Present: Faruque Ahmed J Farida Begum Minu and others………………………Petitioner Vs. Abdul Jabbar being dead his heirs Md. Nurul Amin and others………………………Opposite Party Judgment ......he order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ......l No.149 of 2002 affirming those dated 31.01.2002 passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.278 of 1993 should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as f......he order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ..

Category: Property Law | Date: 6 Jan, 2010 | Hits: 8