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Md. Jafar Ullah Vs. Bangladesh, 2014, 43 CLC (HCD)

.... given is hereby vacated. Communicate copies of this judgment to the respondents at once. Md. Badruzzaman J.- I agree. Ed.66 This Case is also Reported in: DLR (2014) (HCD) 380 ......stigated by agencies are not prohibited by law or that the agency action is tainted with bad faith and apparent malice. Lawyers involved: Momtazuddin Ahmed Mehedi with Shahab uddin Ahammad, Advocate-For the petitioner. Md. Motahar Hossain, Deputy Attorney General with Samarendra Nath ......t to be prevented, inquired into or investigated by agencies are not prohibited by law or that the agency action is tainted with bad faith and apparent malice. Lawyers involved: Momtazuddin Ahmed Mehedi with Shahab uddin Ahammad, Advocate-For the petitioner. Md. Motahar Hossain, Deput...... is also Reported in: DLR (2014) (HCD) 380 ..

Category: Others | Date: 28 Jun, 2014 | Hits: 91

Mahabur Sheikh alias Mahabur Vs. State, represented by the Deputy Commissioner, Narail, 2014, 43 CLC (HCD)

....n to interfere with the decision of the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 54. ......came to meet her death.....(19) Case Referred to- Government of the People's Republic of Bangladesh Vs. Md Shafiqul Islam, 43 DLR (AD) 92. Lawyers Involved: Md. Zakir Hossain, Advocate instructed by Sufla Khatun Advocate-on-Record—For the Petitioner. None Represent......n to interfere with the decision of the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 54. ......n to interfere with the decision of the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 54. ..

Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15

Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)

....ppeal No. 122 of 2009 is hereby upheld. The order of stay granted earlier by this court is vacated. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 179     ...... (Minor) Vs. Mohammad Abdur Aziz, 43 DLR 226. Lawyers Involved: None appears—For the Petitioners. M Qumrul Hague Siddique with Md. Zead-al-Malum with AKM Altungir Parvez Bhuiyan, Advocates—For the Opposite-Parties. Civil Revision No. 2742 of 2013. Judgment F......ppeal No. 122 of 2009 is hereby upheld. The order of stay granted earlier by this court is vacated. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 179     ......ppeal No. 122 of 2009 is hereby upheld. The order of stay granted earlier by this court is vacated. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 179     ..

Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0

State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)

....nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ......Vs. Md. Hachi Miah, 17 DLR (1965) 68 . Lawyers Involved: Dr. Md. Bashir Ullah, DAG with Mian Shamim Ahsan, AAG Yeadia Zaman, AAG—For the State. SMShahjahan with Md. Moniruzzaman, Advocates—For the Condemned Prisoner (In Death Reference No. 133/2008) SM Shahjahan with...... 79; Rashid Vs. State 10 DLR 532= PLD 1959-181; Gadu Mia Vs. State 44 DLR 246; State; Vs. Khasru alias Syed Mostafa Hossain, 43 DLR (AD) 182; Ismail Sarker @ Sudan Member Vs. State, 33 DLR 320; Wally Ahmed alias Babi Vs. State, 58 DLR 433; Bablu @ Babu (Md.) Vs. State 60 DLR, 583; Shama Tudu Vs. Sta......618; Dahyabhai Chhaganbhai Thakkar, appellant Vs. State of Gujarat, AIR 1964 (SC) 1563 (V 51 C 210) 1563; Mobarak Ali Vs. Md. Hachi Miah, 17 DLR (1965) 68 . Lawyers Involved: Dr. Md. Bashir Ullah, DAG with Mian Shamim Ahsan, AAG Yeadia Zaman, AAG—For the State. SMShahjahan with ..

Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15

Engineer Abdul Md. Wadud Vs. State and another, 2014, 43 CLC (AD)

....se of the peti­tioner. We find no merit in the contention of the learned counsel. The petition is accordingly dis­missed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 .......................Respondent Judgment June 16, 2014.       Result: The petition is accordingly dis­missed. Lawyers Involved: ASM Abdul Mobin, Advocate, instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner. Mndhumnloty......se of the peti­tioner. We find no merit in the contention of the learned counsel. The petition is accordingly dis­missed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ......se of the peti­tioner. We find no merit in the contention of the learned counsel. The petition is accordingly dis­missed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ..

Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4

Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)

....d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114   ...... Case Referred to- Md. Rezaul Kabir Vs. State, 14 MLR 482; Nuruzzaman Vs. State, 14 BLC 5. Lawyers Involved: Md. Noor Hossain—For the Convict-Appellant. AKM Fazlul Haque, Advocate—For the Anti-Corruption Commission. (Respondent No.2). Criminal Appeal No. 1812 ......isonment for 3(three) years with a fine of Taka 2,000 in default to suffer rigorous imprisonment for 6 months more. 2. The facts relevant for disposal of the appeal in short, is that Md. Berizir Ahmed, Deputy Director of the Durniti Daman Commission (in short, the DUDAC), Narayanganj lodged the......ction. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114   ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8

Khandker Abul Hashem Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)

....e Court of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......in as much as to the fact that section 83A(5) of the Ordinance empowering reopening of the self assessed case has been inserted by the Finance Act, 2003?” 9. Sarder Jinnat Ali, the learned Advocate appearing on behalf of the assessee-applicant, takes us through the assessment order, the o......e Court of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......e Court of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 3

Khandker Abul Hashem Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....angladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in:   ......s much as to the fact that section 83A(5) of the Ordinance empowering reopening of the self assessed case has been inserted by the Finance Act, 2003?” 9. Mr. Sarder Jinnat Ali, the learned Advocate appearing  on behalf of the assessee-applicant, takes us through the assessment order,......angladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in:   ......angladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in:   ..

Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5

Government of Bangladesh and others Vs. Md. Abdul Karim, 2014, 43 CLC (HCD)

.... disposal of the criminal case pending against him on the same issue. Ed. This Case is also Reported in: 66 DLR (AD) (2013) 251           ......ip;…..Respondent Judgment June 9, 2014. Result: The petition is disposed of. Lawyers Involved: Biswajit Deb Nath, Deputy Attorney-General instructed by B Hossain, Advocate-on-Record—For the Petitioners. Khurshid Alam Khan, Advocate instructed by Md. Za...... disposal of the criminal case pending against him on the same issue. Ed. This Case is also Reported in: 66 DLR (AD) (2013) 251           ...... disposal of the criminal case pending against him on the same issue. Ed. This Case is also Reported in: 66 DLR (AD) (2013) 251           ..

Category: Civil Law, Procedural Law | Date: 9 Jun, 2014 | Hits: 4

Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)

.... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243   ......ned invasion on plaintiff's right on the basis of wrong entry of the suit land in records of right is well within time is not acceptable at all. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neogi, Advocate with him) instructed by M Taufique Hossain, Advocate-on-Record&mdas...... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243   ...... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243   ..

Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11

I.M. Reazul Hasan Vs. Commissioner of Taxes Vs. The Commissioner of Taxes, Taxes Zone-1, Dhaka, 2014, 43 CLC (HCD)

....ngladesh is directed to take necessary steps under section 16(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. This Case is also Reported in:   ......operly applied in case of the assessee. Therefore, the questions raised in the reference application are liable to be decided in favour of the department-respondent. 9. Mr. M. A. Hannan, learned Advocate appearing on behalf of the assessee-applicant takes us through the materials on record and ......ngladesh is directed to take necessary steps under section 16(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. This Case is also Reported in:   ......ngladesh is directed to take necessary steps under section 16(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. This Case is also Reported in:   ..

Category: Fiscal/Taxation Law | Date: 4 Jun, 2014 | Hits: 5

Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)

....stay granted earlier by this Court at the time of issuance of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ......k Limited vs Beximco Holdings Ltd., 57 DLR 154; Quazi Nasibul Hassan Vs. Bangladesh Bank, 61 DLR96. Lawyers Involved: Shah Md. Munir Sharif, with AKM Nurul Alam and Mohammad Imran Jahangir, Advocates—For the Petitioners (In all the Writ Petitions). Md. Mqfizul Islam, Advocate wi......l Hasan, 64 DLR (AD) 65; Pannirselvam Vs. Veeriah Vandayar AIR (1931) Mad-83; Balmakund Vs. Pirthiraj Ganesh Das AIR (1951) Patna-333; Jethanand vs State of Delhi AIR 1960 (SC) 59; MA Ghani Vs. Nasir Ahmed, 21 DLR 451; Queen Vs. Vine (1875) 10 QB-195; State of Bombay Vs. Vishnu Ramchandra, AIR 1961 ...... Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ..

Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11

ECOM Agroindustrial Corporation Ltd. & another Vs. Mosharaf Composite Textile Mills Ltd, 2014, 43 CLC (HCD)

....hrough arbitration expeditiously. The order of injunction granted earlier by the trial Court is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 330   ......s, 1541C 7;Gul Mohammed Vs. Fata Bibi, AIR 1956 J & K 122; Muhammad Mohideen Vs. Muhammed Naina, 177 1C 440; Hukum Chand Vs.TM Kaisha Ltd. 190 1C 596; Lawyers Involved: Asrarul Hossain, Advocate with Omar Sadat, Advocate—For the Petitioners. Ahsanul Karim, Advocate with Khai......hrough arbitration expeditiously. The order of injunction granted earlier by the trial Court is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 330   ......hrough arbitration expeditiously. The order of injunction granted earlier by the trial Court is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 330   ..

Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7

Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)

....ourt below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315.           ......4 of the Act if any share or por­tion thereof of any other owner of holding or plot is transferred…………….. (17) Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Appellants. Suf......that Partition Suit No.397 of 1920 prove that the land of the original CS Plot Nos.301 and 301/084 was partitioned by metes and bounds and was divided into 2 blocks and the 1st party, i.e. Aftabuddin Ahmed and Anwaruddin Ahmed, both sons of late Yasin Ahmed, got the southern block in their 9 anas sh......ourt below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315.           ..

Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22

Elahi Box Sardar (Md.) Vs. Government of Bangladesh repre¬sented by Ministry of Communication and others, 2014, 43 CLC (AD)

....trative Appellate Tribunal, but for other grounds dis­cussed above. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 127.   ......bsp;       May 25, 2014.        Result: The petition is dis­missed. Lawyers Involved: KhurshidAlam Khan, Advocate instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner. Sarder Rashe......trative Appellate Tribunal, but for other grounds dis­cussed above. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 127.   ......trative Appellate Tribunal, but for other grounds dis­cussed above. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 127.   ..

Category: Administrative Law | Date: 25 May, 2014 | Hits: 9

Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)

..... The office is directed to communicate this order to the Joint District Judge, 2nd Court, Pabna for compliance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 61   ......s. Md. Abdul Kader and others .................Plaintiff-Respondents Judgment May 19, 2014   Result: The disposed of. Lawyers Involved: Rowshan Alam Khan, Advocate—For the Appellant. Nasir Uddin Khan, Advocate—For the Respondents. FM....... The office is directed to communicate this order to the Joint District Judge, 2nd Court, Pabna for compliance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 61   ....... The office is directed to communicate this order to the Joint District Judge, 2nd Court, Pabna for compliance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 61   ..

Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3

Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)

.... for this court to interefere with the impugned decision and order. Thus, the petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381     ......oners Vs Government of Bangladesh, Dhaka ..........Respondents Judgment May 19, 2014. Result: The petition is dismissed. Lawyers Involved: MI Farooquie, Senior Advocate, instructed by Md. Ferozur Rahman Advocate-on-Record—For the Petitioner. None Re...... for this court to interefere with the impugned decision and order. Thus, the petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381     ...... for this court to interefere with the impugned decision and order. Thus, the petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381     ..

Category: Administrative Law | Date: 19 May, 2014 | Hits: 3

Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)

..... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ......ip between the child and the defen­dant. .......(20) Cases Referred to- Managing Director Janata Bank Vs. Md. Bazlur Rahman, 51 DLR (AD) 141 Lawyers Involved: Mozahar Hossain, Advocate—For the Petitioner (In Criminal Revision No. 4049 of 2011 Afsana Rashid, Advocat....... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ....... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ..

Category: Women and Children | Date: 19 May, 2014 | Hits: 29

Bangladesh Rural Advancement Committee (BRAC), BRAC Centre Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)

.... Court of Bangladesh, is to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J:- I agree. Ed This Case is also Reported in: ......t case and the order passed by the Tribunal is fully justified. Hence, the reference application is liable to be rejected without answers to the questions framed. 7. Md. Asaduzzaman, the learned Advocate for the assessee-applicant appearing with S. M. Aslam takes us through the reference applic...... Court of Bangladesh, is to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J:- I agree. Ed This Case is also Reported in: ...... Court of Bangladesh, is to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J:- I agree. Ed This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 9

State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)

....teen) witnesses examined, the prosecution has relied upon the evidence of Md. Ziaur Rahman @ Ibloo (P.W. 2), Abdur Jabbar Molla (P.W.3), Mesher Ali (P.W.4) and the cir­cumstantial evidence led by Al-haj Md. Yousuf (P.W.1), Md. Mokaram Hossain (P.W.6), Abdus Samad Bengal (P.W.7), Mobarak Hossain ......boni Sahu Vs. The King, 2 DLR; Privy Council, 39; Maqbool Hussain Vs. State 12 DLR (SC) 217. Lawyers Involved: Md.Shohrowardi, Deputy Attorney-General instruct­ed by Md. Ibrahim Khalil, Advocate- on-Record—For the Appellant (In Criminal Appeal Nos.22-23 of 2010). Abdul Baset......Taka 50,000 each and found accused-Iqbal Hossain, Ataur Rahman (appellant in Criminal Appeal No. 24 of 2010), Abdur Razzaque Khan @ Thandu Member (respondent in Criminal Appeal No.23 of 2010), Shamim Ahmed guilty under sec­tions 302/120-B of the Penal Code and sentenced each of them to suffer im...... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ..

Category: Criminal Law | Date: 14 May, 2014 | Hits: 16