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Proshanta Kumar Sarkar Vs. Managing Director, Agrani Bank Ltd Head Office and others, 2013, 42 CLC (HCD)

....costs. The order of stay granted earlier is vacat­ed. Communicate a copy of the judgment to the bank concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 50. ...... High Court Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Mahmudul Hoque J   Proshanta Kumar Sarkar....................Petitioner Vs. Managing Director, Agrani Bank Ltd Head Office and others..........Respondents Judgmen......costs. The order of stay granted earlier is vacat­ed. Communicate a copy of the judgment to the bank concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 50. ......costs. The order of stay granted earlier is vacat­ed. Communicate a copy of the judgment to the bank concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 50. ..

Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8

Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......eme Court High Court Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Moulana Abdul Hakim (Md.)...............Petitioner Vs. Government of Bangladesh and others..............Respondent Judgment October 3, 2......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ..

Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2

Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)

....l Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Mian J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Ahmed Lal Mia............................Petitioner Vs. State and another ………………………..Responde....... Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Mian J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Ahmed Lal Mia............................Petitioner Vs. State and another ……………………….......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed.  Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204.   ......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed.  Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204.   ..

Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5

AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)

....thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......resent: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Anwarul Haque J AA Engineering Limited……………………........Appellant Vs. University of Khulna, represented by its Vice-Chancellor and others………......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ..

Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28

Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)

....appointed after the com­ing into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul WahhabMiahJ Hasan Foez Siddique J Bakhrabad Gas System Limited..............................Petitioner Vs. Al Masud-ar-Noor and others.................................Respondents Judgment ......appointed after the com­ing into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ......appointed after the com­ing into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ..

Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12

State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)

....7 DLR (AD) (2015) 218. ......rul Haque J Hasan Foez Siddique J State……………………………………………Appellant Vs. Mostafizur Rahman and another...........Respondents Judgment September 18, 2013 ...... July, 2000 passed by the High Court Division in Criminal Appeal No.1349 of 1996) Judgment Nazmun Ara Sultana J. - I have gone through the judgments proposed to be delivered by my brothers, Muhammad Imman Ali, J. and Mohammad Anwarul Haque, J. I agree with the reasoning and findings given ......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority deci­sions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ..

Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7

Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)

....allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ......ammel Hossain CJ Surendra Kumar Sinha J    Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J  Government of Bangladesh...... Appellant (In all the appeals) Vs. Md. Abdul Maleque Miah and 7 another.........Respondent Judgment   &nbs......allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ......allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ..

Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3

ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)

....ivision (Criminal Appellate Jurisdiction) Present: Moyeenul Islam Chowdhury J Kazi Md. Ejarul Haque Akondo J ATM Nazimullah Chow­dhury............Appellant Vs. State & another…………………………&......h Court Division (Criminal Appellate Jurisdiction) Present: Moyeenul Islam Chowdhury J Kazi Md. Ejarul Haque Akondo J ATM Nazimullah Chow­dhury............Appellant Vs. State & another………………………......ri Mollah Vs. State, 3 BLC 474; Abul Khair Vs. State, 58 DLR 500; Abul Kalam Azad Vs. State, 48 DLR 294; Moslem Ali Mollah alias Moslem Mollah Vs. State, 48 DLR 427; Mansur Ali Vs. State, 39 DLR 184; Muhammad Sadiq Javeed Vs. State 21 DLR (WP) 62. Lawyers Involved: Abdur Rezzaque Khan with......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500.   ..

Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....ivil Services ('GCHQ'), 3 All. E.R. 935; R Vs. North and East Devon Health Authority exp Coughlan [2001] QB 213, at paragraph 57; R (on the application of Nadarajah) and Abdi Vs. Secretary of State for the Home Department, [2005] EWCA Civ 2363; R. (Bhatt Murphy) and Others Vs. Secretary for ...... Original Jurisdiction) Present: M Moazzam Husain J Quazi Reza-ul Hoque J M Enayetur Rahim J Maulana Syed Rezaul Haque Chadpuri and others .................Petitioners Vs. Bangladesh Jamaat-e-Islami and others………………&helli......hereby declared to have been given without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 14.        ......hereby declared to have been given without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 14.        ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....ivil Services ('GCHQ'), 3 All. E.R. 935; R Vs. North and East Devon Health Authority exp Coughlan [2001] QB 213, at paragraph 57; R (on the application of Nadarajah) and Abdi Vs. Secretary of State for the Home Department, [2005] EWCA Civ 2363; R. (Bhatt Murphy) and Others Vs. Secretary for ...... (Special Original Jurisdiction) Present: M Moazzam Husain J Quazi Reza-ul Hoque J M Enayetur Rahim J Maulana Syed Rezaul Haque Chadpuri and others .......Petitioners Vs. Bangladesh Jamaat-e-Islami and others………………&helli......materials regarding deviation of Jamaat from traditional Islam and stated that the faith of the petitioners, as far as statehood is concerned, is rooted back into the Medina Charter signed by Prophet Muhammad (pbuh) himself and countersigned by the representatives of other religions. According to th......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)

....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ...... Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J ARM Shahidul Huq J Syed Raihan Hasan Ali Chowdhury.................Plaintiff-Appellant Vs. Syed Hamde Ali Chow­dhury and others...........Defendant-Respondents Judgment ......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ..

Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5

Md. Monirul Islam Vs. Bijoy Halder, President Lohalamari Matshajibi Samabaya Samity Ltd. and others, 2013, 42 CLC (AD)

....d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease. Ed. This Case is also Reported in: ......   Muhammad Imman Ali J     Mohammad Anwarul Haque J Hasan Foez Siddique J Md. Monirul Islam………………………………….Petitioner Vs. Bijoy Halder, President Lohalamari Matshajibi Samabaya Samity Ltd. and others....................the lease. Ed. This Case is also Reported in: ......d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169

Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)

....on   (Criminal Appellate Jurisdiction) Present: Borhanuddin J KM Kamrul Kader J Younusuzzaman (Badal).........................Petitioner Vs. The State and another………………..............Opposite parties Judgment July 25, 2013....... Court Division   (Criminal Appellate Jurisdiction) Present: Borhanuddin J KM Kamrul Kader J Younusuzzaman (Badal).........................Petitioner Vs. The State and another………………..............Opposite parties Judgment J...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140

Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)

....hmud Hossain J AHM Shamsuddin Chowdhury J              Sarwar Hossain Moni (Md.)........Petitioners (In both cases) Vs. State and another……………………Respondents (In bot...... Syed Mahmud Hossain J AHM Shamsuddin Chowdhury J              Sarwar Hossain Moni (Md.)........Petitioners (In both cases) Vs. State and another……………………Respondent......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ..

Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8

Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)

....bsp;      Muhammad Imman Ali J     Mohammad Anwarul Haque J Hasan Foez Siddique J Mati alias Md. Matiar Rahman............Appellant Vs. The State.................................Respondent Judgment July 23, 2013. Result: The app......a J        Muhammad Imman Ali J     Mohammad Anwarul Haque J Hasan Foez Siddique J Mati alias Md. Matiar Rahman............Appellant Vs. The State.................................Respondent Judgment July 23, 2013. Result:......ion is accordingly modified. Ed. This Case is also Reported in: ......304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88

Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)

....Present: Nazrnun Ara Sultana J Md. Anwarul Haque J Hasan Foez Siddique J Zahirul Islam @ Dipu (Md.)…………………Appellant Vs. State……………………………&hellip......al) Present: Nazrnun Ara Sultana J Md. Anwarul Haque J Hasan Foez Siddique J Zahirul Islam @ Dipu (Md.)…………………Appellant Vs. State…………………………&helli......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129.   ......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129.   ..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3

Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)

....Rule, as have been stated in the instant revisional application, in short, are that the present petitioner as pre-emptor filed Miscellaneous Case No. 129 of 2008 (Pre-emption) under Section 96 of the State Acquisition and Tenancy Act (Hereinafter referred as said Act) against the opposite parties in...... ......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ..

Category: Property Law | Date: 17 Jun, 2013 | Hits: 4

Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)

.... the learned Judges do not follow their constitutional obligation, it would be taken as an aberration………….….. (14 &15) Case Referred to- Sadiq Ali Vs. State, 18 DLR (SC) 393; Muhammad Ayub Vs. Muhammad Yakuk, 19 DLR (SC) 38; State Vs. Abdul Wahab Shah......        AHM Shamsuddin Chowdhury J           Wadud Mollah (Md.)........................Petitioner Vs.   Md. Nayem and Another………………....Respon......ot follow their constitutional obligation, it would be taken as an aberration………….….. (14 &15) Case Referred to- Sadiq Ali Vs. State, 18 DLR (SC) 393; Muhammad Ayub Vs. Muhammad Yakuk, 19 DLR (SC) 38; State Vs. Abdul Wahab Shah Chowdury, 51 DLR (AD) 2......h the above observations. Let a copy of this judgment be communi­cated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ..

Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3

Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)

....t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......t: AFM Abdur Rahman J Mohammad Ullah J Moulana Development Co. Limited, 980/Access road, Agrabad Chittagong represented its Managing Director Muhammad Abdul Quader Zilany…....Petitioner Vs. 1. National Board of Revenue, NBR Building, Segunbagicha, Dhaka, represented by its Chairman.......ion (Special Original Jurisdiction) Present: AFM Abdur Rahman J Mohammad Ullah J Moulana Development Co. Limited, 980/Access road, Agrabad Chittagong represented its Managing Director Muhammad Abdul Quader Zilany…....Petitioner Vs. 1. National Board of Revenue, NBR Building, ......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86

Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)

....iscloser of the date of service of notice in the complaint petition cannot be a ground for quashing the proceeding…….(20-22)  Case Referred to- Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Abdul Quader Cho...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Chowdhury J Golam Rasul Belal..................................Appellant Vs. Habibullah Shakir and another.............Respondents Judgment June 11, 2013. ......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58.     ......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58.     ..

Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10