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

....tory bail order. Anticipatory bails shall not survive post charge-sheet stage…………………………….(23) Cases Referred to- State Vs. Zakaria Pintu, 31 BLD (AD) 20 = 62 DLR (AD) 420; State Vs. Abdul Wahab Shah Chowdhury, 51 ......nha J Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Choudhury J Durnity Daman Commission and another………………Petitioner Vs. Dr. Khandaker Mosharraf Hossain and another.........Respondents Judgment February......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. ...... motive (4) prima facie, no offence has been disclosed against him (5) he apprehends torture and humiliation in the hands of the police. 12. As the proceeding commenced before us Mr. AJ Mohammad Ali proffered for the respondent that the High Court Division was quite right to grant anticipatory ..

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

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. ...... Supreme Court Appellate Division (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 Februa......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. ......d. This Case is also Reported in: 66 DLR (AD) (2014) 253. ..

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

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

....l ER 49; Amin Jute Mills Vs. Bangladesh 29 DLR (SC) 85; Anwar Hossain Chowdhury Vs. Government of Bangladesh, 41 DLR (AD) 165; Sreemoti Indira Gandhi Vs. Rajnarain, AIR 1975 (SC) 2299; Md. Ismail Vs. State, 21 DLR (SC) 161; Commission­er of Income Tax and Kerala Vs. Tara Agencies 2007) 6 Supreme...... (Civil) Present: 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......, 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. ......Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ..

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

Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)

....aque J                    Sukur Mahmood and others.......................Petitioners Vs. State................................................Respondent Judgment    ......Anwarul Haque J                    Sukur Mahmood and others.......................Petitioners Vs. State................................................Respondent Judgment  &n......d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......66 DLR (AD) (2014) 167. ..

Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21

Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)

....s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176.   ......: Nazmun Ara Sultana J    Syed Mahmud Hossain J Md. Imman Ali Md. Anwarul Haque J Delipjan being dead her heirs: Fazal Haque and other........Appellants Vs. Shahed Badsha and others……………………Res......s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176.   ......rted in: 65 DLR (AD) (2013) 176.   ..

Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5

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. ......il) Surendra Kumar 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   ......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. ...... ..

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

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

....ision (Criminal Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J Pannu @ Md. Pannu Mia & others.............Accused Petitioners Vs. State...............................................Opposite Party Judgment February 3, 20......Court Division (Criminal Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J Pannu @ Md. Pannu Mia & others.............Accused Petitioners Vs. State...............................................Opposite Party Judgment Febru......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.   ......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.   ..

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)

....itutional or legal limits. The court should not ordi­narily interfere with policy decisions, unless clearly illegal…......(22) Case Referred to- AIR India Vs. Nergesh Mirza; State of Haryana Vs. SK Singhal reported in (1999) 4 SCC 293; Nand Keshwar Prasad Vs. Indian Farmers......n 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.....................Respondents Judgment February 2, ......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 ......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

Human Rights and Peace for Bangladesh and others Vs. Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others, 2014, 43 CLC (HCD)

....uot;, and, as such, impugned section is being discriminatory in nature as appeared to the provision of Article 26 of the Constitution. 11. Article 27 of the Constitution disowns arbitrariness in State action and ensures fairness and equality of treatment to all the citizens. It is attracted whe...... Court Division (Special Original Jurisdiction) Present: Quazi Reza-ul Hoque J ABM Altaf Hossain J Human Rights and Peace for Bangladesh and others..........Petitioners Vs. Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others..............Respondents Jud......ffect. There is no order as to costs. Office is directed to communicate the judg­ment forthwith. Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 191 ......; Maneka Gandhi Vs. Union of India (1978) SCC 248; Ramana Dayaram   Shetty Vs. International Airport Authority of India, (1979) 3 SCC 489; DS Nakra Vs. Union of India (1983)1 SCC 305;Shujat Ali Vs. Union of India, AIR 1974 SC 1631. Lawyers Involved: Manzill Murshid, Advocate&mdas..

Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5

Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)

....cer, Chittagong for redemption of the suit land. The Sub-Divisional Officer by his order dated 21-2-1974 allowed the redemption and directed the defendants (appellants herein) under section 95 of the State Acquisition and Tenancy Act to restore possession to the plaintiff by 10-3-1974. Meanwhile, th......e Court Appellate Division (Civil) Present: Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Lakshmi Bala Sen and others...................Appellants Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others..............Respondents Judgment ......he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ...... costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ..

Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15

Mortuz Ali Khalifa Vs. Jobeda ® Kalu Bibiand others, 2014, 43 CLC (AD)

....ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ......e Court Appellate Division (Civil) Present: Syed Mahmud Hossain J Md.lmman Ali J     Md. Anwarul Haque J Mortuz Ali Khalifa............Appellant Vs. Jobeda ® Kalu Bibiand others...........Respondents Judgment     ......ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ......a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ..

Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1

Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)

....son of late Md. Motiur Rahman, Sabbir Tower (5th Floor), 3/4, Purana Paltan, Police Station-Paltan,District-Dhaka…………..Petitioner (In both the revisions) Vs. The State and Md. Syed Rejaul Karim Salim,son of late Abdur Rauf and the Managing Director, Gomati Housi......ossain Rana, son of late Md. Motiur Rahman, Sabbir Tower (5th Floor), 3/4, Purana Paltan, Police Station-Paltan,District-Dhaka…………..Petitioner (In both the revisions) Vs. The State and Md. Syed Rejaul Karim Salim,son of late Abdur Rauf and the Managing Director,......dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......lip;………... Opposite parties (In both the revisions) Judgment January 21, 2014. Result: Both the Rules are made absolute. Cases Referred to- Mohammad Ali Vs. State and another, 64 DLR426, Arif-uz-Zaman (Md.) Vs. State, 17 BLC (AD) 167 Lawyers In..

Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111

Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)

....00 in the Court of Senior Assistant Judge, Nandail, Mymensingh claiming pre-emption right over 24 decimals of land described in the schedule to the application for pre-emption under section 96 of the State Acquisition and Tenancy Act. His case, in short, is that the case land under RoR belonged to t......sent: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Abdul Hakim (Md.)………………….Petitioner Vs. Md. Nazrul Islam and others………………….Respond......er appreciation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. ......Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. ..

Category: Property Law | Date: 20 Jan, 2014 | Hits: 44

State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)

....15) 24 ...... Imman Ali J   Md. Anwarul Haque J State …………………………………………Appellant Vs. Dr. Fazlur Rahman……………………Respondent...... Senior Special Judge, Dhaka is directed to pro­ceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ......is Case is also Reported in: 20 BLC (AD) (2015) 24 ..

Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1

Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)

....he High Court Division, accordingly, the appeal is dis­missed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243.     ...... Appellate Division (Civil) Present: Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Ali Garments Limited ................................Appellant Vs. Commissioner of Taxes...................................Respondent Judgment Janua......he High Court Division, accordingly, the appeal is dis­missed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243.     ...... Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243.     ..

Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11

BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)

....of Desai and Co. Vs. Hindustan Petroleum Corporation Limited, AIR 1987 (Guj) 19, wherein it is held as 'challenge to termination of dealership for sale of petroleum products by instrumentality of State, Allegations that binding executive instructions of Govt. not followed and that termination is...... Present: Sharif Uddin Chaklader J A.K.M. Shahidul Huq J BRAC Bank Ltd……………………………............Appellant Vs. Multimode Ltd…………………………&h......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48   ......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48   ..

Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

....y, 14 DLR (SC) 276; Northwest Frontier Province Vs. Suraj Narain Anand, PLD 1949 PC 1; Poonam Vs. Sumit Tanwar, (2010) 4 SCC 460; Pakistan Vs. Akhlaque Hossain, 17 DLR (SC) 545; Major Bazlul Huda Vs. State, 63 DLR (AD) 62; Messrs Thungabhandra Industries Limited Vs. The Government of Andhra Pradesh,......d Mahmud Hossain J AHM Shamsuddin Choudhury J            Abdul Quader Mollah .....................Petitioner (In both the cases) Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka...........Respondent (In both the c...... For the reason stated above, we find no merit in these review petitions. The petitions are accord­ingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ...... Government of Andhra Pradesh, AIR 1964 SC 13 72; Sheonandan Paswan Vs.State of Bihar, AIR 1983 SC 1125; Secretary, Ministry of Finance Vs. Md. Masdar Hossain, 21 BLD (AD) 126 = 7 BLC (AD) 92; Ershad Ali Shikder Vs. State, 56 DLR (AD) 87; Ekushey Television Ltd. Vs. Dr. Chowdhury Mahmood Hasan, 55 D..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15

State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)

....in: 66 DLR (AD) (2014) 33. ...... Md. Imman Ali J Md. Anwarul Haque J State………………………………………….Appellant Vs. Md. Ibrahim Ali…………..............Respondent Judgment ...... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ...... Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ..

Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26

Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)

....dvantage of proven innocence………………………………………(8) Lawyers Involved: No one appears for the petitioner. Abu Saleh Md. Fazle Rabbi Khan, Assistant Attorney General-for the State. Criminal Revision No. 120 of 2005 Judgment Md. Ruhul Quddus J.- This Rule at the instance......eme Court High Court Division (Criminal Revisional Jurisdiction) Present: Muhammad Abdul Hafiz J Md. Ruhul Quddus J Md. Abdur Rob Bhuiyan............................................Petitioner Vs. Sheikh Ahammed and others…………......................Opposite Parties Judgment Novembe...... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ...... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ..

Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24

Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)

....he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ...... (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J  Abdul Momen Bhuiyan and others .............Petitioners Vs. District Judge, Dhaka and others ................Respondents Judgment  Nove......he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ......Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ..

Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17