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Ibrahim Vs. State, 2014, 43 CLC (HCD)

.... Fifthly: The judgment and order of convic­tion and sentence based on misreading and non-consideration of the evidence on record which cannot be sustained in the eye of law. 10. The learned Deputy Attorney-General appearing for the State-respondent opposes the appeal and submits that the v......m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289   ......০২ Acid Aparadh- Nari-o-Shishu Nirjatan (Bishesh Bidan) Ain, 1995; Sections: 5(অ) 5(ঈ), 5(ক)& 5(ঙ)   It is true that crime like acid throwing is shocking in nature and also, revolting. The crime is against society and humanity, but the prosecution convicted the ac......udgment and order of convic­tion and sentence based on misreading and non-consideration of the evidence on record which cannot be sustained in the eye of law. 10. The learned Deputy Attorney-General appearing for the State-respondent opposes the appeal and submits that the victim Sufia Begu..

Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17

State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)

....riod for concluding trial was elapsed. 5. Feeling aggrieved the petitioner pre­ferred the instant revision for revival of the case under sections 339D (1)(b) of the Code. 6. The learned Deputy Attorney-General appearing for the State-petitioner seeks to impeach the impugned order on th......e is directed to dis­pose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ......ourt Division (Criminal Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J Ashish Rani an Das J State...........................Petitioner Vs. Shajahan Bepari and others.........Accused-Opposite Parties Judgment April 3, 2014. Result: The ......ing trial was elapsed. 5. Feeling aggrieved the petitioner pre­ferred the instant revision for revival of the case under sections 339D (1)(b) of the Code. 6. The learned Deputy Attorney-General appearing for the State-petitioner seeks to impeach the impugned order on three fold argu&sh..

Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3

AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

.... Vs. Bangladesh, 65 DLR 37. Lawyers Involved: Salauddin Dolon and Md. Mohammad Sherajul Monir, Advocates—For the Petitioner. MK Rahman, Additional Attorney-General, Biswojit Roy, Deputy Attorney-General—For the Respondent No.1. Shafique Ahmed with SM Rezaul Karim, and......seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266.     ......inal Jurisdiction) Present: Quazi Reza-ul-Hoque J ABM Altaff Hussain J AZM Tajul Islam...........................................Petitioner Vs. Government of Bangladesh and others.............Respondents Judgment April 3, 2014 Result: The Rule is ma......R 357; AKM Kawser Ahmed Vs. Bangladesh, 65 DLR 37. Lawyers Involved: Salauddin Dolon and Md. Mohammad Sherajul Monir, Advocates—For the Petitioner. MK Rahman, Additional Attorney-General, Biswojit Roy, Deputy Attorney-General—For the Respondent No.1. Shafique Ahmed wi..

Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6

Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)

....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208.   ......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208.   ......un Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Ekramul Haque Balbul .....................Appellant [In Criminal Appeal No. 9/05] Samaresh Baidya and another……………Appellants [In Criminal Appeal No.11/05] Sab......ward Snelson Vs. Judges, High Court of West Pakistan, Lahore 16 DLR (AD) 535; Shri Baradakanta Mishra Vs. Registrar of Orissa High Court, AIR SC 1974 SC710; Andre Paul Terence Ambard Vs. The Attorney General of Trinidad and Tobago, AIR 1936 PC 141 and Queen Vs. Gray, (1900) 2 QB 36. Lawyers Inv..

Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16

Hossain Ali (Md.) and 22 others Vs. Bangladesh, represented the Secretary Ministry Education and others, 2014, 43 CLC (HCD)

.... the Assistant District Education Officer for promotion as given to the Assistant Headmas­ter/Headmistress by the impugned notification. 10. On the other hand, Mrs. Amatul Karim, the learned Deputy Attorney-General, appearing on behalf of the respondents by referring Rule 8(l)(a) of the BCS......;                    Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 204 ......ted in: 67 DLR (HCD) (2015) 204 ......cation Officers by the Government on different dates in between the years 2011-2012 and that they have been performing their func­tions to the full satisfaction of the Government and the Director General, Secondary and Higher Education Directorate, Dhaka at different District Education Offices a..

Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3

State Vs. Arman, 2014, 43 CLC (AD)

....bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ......bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ...... period of 6 (six) months in Nari-o-Shishu case No.148 of 2011 pending before the Nari-o-Shishu Nirjatan Daman Tribunal, Narsingdi for trial. We have perused the FIR, the medical report of the victim and other materials on record. 2. Learned Attorney-General argued that the High Court Division .....................Respondents Order March 9, 2014.        Result: This petition is disposed of. Lawyers Involved: Mahbubey Alam, Attorney-General, instructed by Madhu Malati Chy Barua, Advocate-on-Record—For the Petitioner. Non..

Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4

Amirul Islam (Md.) Vs. Commissioner of Customs Chittagong and others, 2014, 43 CLC (HCD)

....tted by the petitioner in connection with releasing the goods. 9. The Rule is not opposed by the respon­dents by filing any affidavit-in-opposition. However, Mr. SM Moniruzzaman, the learned Deputy Attorney-General submits that since the goods        ...... order positively. In the result, the rule is disposed of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ......Ashfaqul Islam J Md. Ashraful Kamal J Amirul Islam (Md.)……………………….Petitioner Vs. Commissioner of Customs Chittagong and others.......Respondents Judgment March 5, 2014. Result: The rule is dispose......tioner in connection with releasing the goods. 9. The Rule is not opposed by the respon­dents by filing any affidavit-in-opposition. However, Mr. SM Moniruzzaman, the learned Deputy Attorney-General submits that since the goods          &nbs..

Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8

SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34.     ......issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34.     ......;                             Government of Bangladesh and others..........Respondents Judgment March, 2014. Result: Both the Rules are......n making both the Rules absolute declaring the impugned orders to have been passed without any lawful authority those need to be struck down. 11. Ms. Nusrat Jahan, the learned Assistant Attorney-General, appearing on behalf of respon­dent-government submits that pursuant to the complaint so..

Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5

Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)

....me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234       ......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234       ......e Referred To- Md. Mazakat Harun & Ors. Vs. Export Import Bank of Bangladesh Ltd. 32 BLD (AD) (2012) 115. Lawyers Involved: Sheikh Fazle Noor Taposh with Md. Mehedi Hasan Chowdhury and AKM Rabiul Hassan with Md. Selim Jahangif, Advocates—For the Petitioners. Aktar Imam,......h Court Division, whichever is earlier, after issuance of notice including the agenda relating to retirement and election of directors. ii. Mr. Fida M. Kamal, Senior Advocate and former Attorney-General for Bangladesh, was appointed as the chairman to preside over the 30th AGM. iii. All di..

Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9

Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)

....hereinbe­fore. The Artha Rin execution case in question (No.560 of 2004) shall stand sat­isfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207.   ......hereinbe­fore. The Artha Rin execution case in question (No.560 of 2004) shall stand sat­isfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207.   ......ourt Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Moklesur Rahman (Md.) and another....................Petitioners Vs. Government of Bangladesh and oth­ers.........cation to the Manager of the decree-holder-Bank for exemption of interest by depositing 10% interest of the decretal amount. The Board of Directors of the Bank considering the application in its 91st General meeting exempted "94.30% Ararpitoka" interest and the said fact was intimat­ed..

Category: Others | Date: 24 Feb, 2014 | Hits: 15

Durnity Daman Commission and another Vs. Dr. Khandaker Mosharraf Hossain and another, 2014, 43 CLC (AD)

....e High Court Division. The petition for Leave to Appeal is dis­posed of with the above observations and guide­lines. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 92. ......e High Court Division. The petition for Leave to Appeal is dis­posed of with the above observations and guide­lines. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 92. ......Criminal) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Choudhury J Durnity Daman Commission and another………………Petitioner Vs. Dr. Khandaker Mo......(23) Cases Referred to- State Vs. Zakaria Pintu, 31 BLD (AD) 20 = 62 DLR (AD) 420; State Vs. Abdul Wahab Shah Chowdhury, 51 DLR (AD) 243. Lawyers Involved: Mahbubey Alam, Attorney-General, instructed by Sufla Khatun, Advocate-on-Record—For the Petitioner (In Criminal Petiti..

Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52

BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)

.... Lawyers Involved: Rafiqul-ul-Huq, Senior Advocate and Ahsanul Karim, Advocate with him, instructed by Mvi. Md. Wahid-ullah, Advocate-on-Record—For the Appellant. SM Moniruzzaman, Deputy Attorney-General, Instructed by Madhumaloti Chowdhury Barua, Advocate-on Record—For Res......y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372     ...... Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Anwarul Haque J BOC Bangladesh Ltd................................Appellant Vs. National Board of Revenue and others..........Respondents Judgment February 19, 2014 Result: The appeal is......olved: Rafiqul-ul-Huq, Senior Advocate and Ahsanul Karim, Advocate with him, instructed by Mvi. Md. Wahid-ullah, Advocate-on-Record—For the Appellant. SM Moniruzzaman, Deputy Attorney-General, Instructed by Madhumaloti Chowdhury Barua, Advocate-on Record—For Respondents. C..

Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5

Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)

....manded to the Court of Settlement to deal with it in the light of our dis­cussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ......manded to the Court of Settlement to deal with it in the light of our dis­cussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ...... (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Aftab Uddin (Md.)......................Appellant Vs. Chairman, Court of Settlement and another ............Respondents Judgment February 19, 2014. Result: The appe...... The appeal is allowed. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellant. Murad Reza Additional Attorney-General instructed by B Hossain, Advocate-on-Record—For the Respondents. Civil Appeal No...

Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21

কবির ষ্টীল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)

.... deduction claimed by an assessee similarly, he shall have to record reasons for rejection of any of the allowances and/or deductions claimed. That is every such disallowance and addition made by the Deputy Commissioner of Taxes must be backed by reason and/or on some acceptable basis. Such requirem......ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in:         ......justified in maintaining assessment framed by the DCT instead of the provision of section 35(4) in as much as the applicant maintained proper books of accounts employee regularly method of accounting and without having categorically said that profit and loss could not be deduce therefrom. (III)......ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in:         ..

Category: Fiscal/Taxation Law | Date: 17 Feb, 2014 | Hits: 7

S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)

...., we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the peti­tions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......, we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the peti­tions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......ent: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J S.N. Kabir...........................................Petitioner Vs. Fatema Begum and others...……………Respondents Judgment February 16, 201......So, the leg­islative authority had the intention to say good­bye to benami transactions once and for all…………….... (28) Cases Referred to- Attorney-General Vs. HR H. Prince Earnest Gugustus of Hanover (1957) All ER 49; Amin Jute Mills Vs. Banglades..

Category: Property Law | Date: 16 Feb, 2014 | Hits: 19

Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)

....patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1.     ......patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1.     ......uzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Durnity Daman Commission.........................Petitioner Vs. Jesmin Islam and another…………….................Respondents Judgment F......patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1.     ..

Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4

Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)

....used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ......used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ......Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Durnity Daman Commission........................Petitioner Vs. Jesmin Islam and another…………................Respondents Judgment February 1......used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ..

Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4

Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)

....he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Loreeto……………........................Appellant Vs. Nasreen Sobhan and another...... ......Respondents Vs. Judgment       ...... injunction. It follows that the claimant has to plead in his petition or in the plaint that by reason of such order he has suffered loss or expense or injury, for which, he claims com­pensation. General damages may be awarded in cases where an order of injunction is obtained on insufficient gro..

Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14

Pannu @ Md. Pannu Mia & others Vs. State, 2014, 43 CLC (HCD)

....petition­er to support the Rule. In view of the facts this is an old Revision of 2000, we are inclined to take it up for disposal on merit considering the materials on record. 8. The learned Deputy Attorney-General appearing for the State Opposite party opposes the Rule, and submits th......ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18.   ......;……………………. (10) Lawyers Involved: No one appears—For the Accused Petitioners. Sakila Rowshan, DAG with Sharmina Hague, AAG and Md. Sarwardhi, AAG—For the State Opposite Party. Criminal Revision No. 585 of 2000. ......to support the Rule. In view of the facts this is an old Revision of 2000, we are inclined to take it up for disposal on merit considering the materials on record. 8. The learned Deputy Attorney-General appearing for the State Opposite party opposes the Rule, and submits that the learned M..

Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2

Bangladesh Agricultural Development Corpora¬tion and others Vs. Md. Abdur Rashld and others, 2014, 43 CLC (AD)

....peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 257 ......peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 257 ......ate Division (Civil) Present: Nazmun Ara Sultana J Md. Imman Ali J Md. Anwarul Haque J Hasan Foez Siddique J Bangladesh Agricultural Development Corpora­tion and others.......Appellants (In all the cases) Vs. Md. Abdur Rashld and others..................peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 257 ..

Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9