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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. ......iscretion with some restraint. 6. In the case in hand, the High Court Division enlarged the accused-respondent on ad-interim bail for a period of 6(six) months on 31st January, 2012. The learned Judge-in-Chamber without making any interim order of stay directed the office to place the matter in..

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)

.... 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 ...... 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 ...... 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 ..

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.     ......, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34.     ......In the said case the Appellate Division accordingly found "we have decided not to interfere with the judgment and order of the High Court Division not because the reasonings given by the learned Judges were cor­rect but because the basis on which the govern­ment based its action no long..

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       ......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       ..

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

Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)

.... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ...... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ......r Leave to Appeal, in short, are as follows:- The present petitioners, as heirs and successors of late Mr. AK Faizul Huq filed Succession Case being No.888 of 2007 in the Court of Joint District Judge, 3rd Court, Dhaka for a certificate of succes­sion under the Succession Act, 1925. During ..

Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4

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.   ...... judg­ment and order dated 19-8-2010 passed by the High Court Division in Writ Petition No.878 of 2010 (though no order was passed in the writ peti­tion on that date) and the learned vacation Judge on 30-8-2010 passed the following order: "Heard the learned Counsel and perused the ..

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

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

....nticipatory bail to one Dr. Khandaker Mosharaf Hossain. 3. Non contentious facts as are pertinent in disposing of this petition, run as below; 4. A Director of the Commission's Rajshahi Divisional office, having a camp in Dhaka now, lodged a First Information Report (FIR) with Ramna Po......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. ......­ligible exercise of discretion. The allegations that the case is false or that the same has been initiated out of political rivalry or the omnibus allegation that the Magistrates and lower court Judges are controlled by the govern­ment, cannot, by themselves ground for anticipa­tory bai..

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)

....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     ......d others..........Respondents Judgment February 19, 2014 Result: The appeal is allowed. Value Added Tax Rules, 1991; Rule Rule 3(3) & Rule 3(7) Fixing Price, VAT in Special cases by Gazette Notification— Section 5(7) of the Ain allows the Board to fixing......n Writ Petition No. 3525 of 1998. 5. The writ-respondents contested the Rule by filing affidavit-in-opposition controverting the material statement made in the writ-petition. 6. The learned Judges of the High Court Division, upon hearing the parities, by its judg­ment and order dated 5..

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. ......and Abdur Rahman, and the possession of the original documents of title by the appel­lant and, as such, the impugned judgment and order is liable to be set-aside; and II. Whether the learned Judge of the High Court Division while upholding the judg­ment and order of the Court of Settlem..

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

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. ......Court Division in First Appeal No.322 of 2003 heard analogously with FA No.343 of 2003 dismissing the appeals and affirming the judgment and decree dated 5-8-2003 passed by the learned Joint District Judge, Second Court, Dhaka In Title Suit No.270 of 2002 and judgment and decree dated 17-9-2003 pass..

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

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

....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. ......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. ......of, submitted charge-sheet against accused petitioners under section 8(1) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995. 5. The case record was transmitted to the Court of the learned Judge, Nari-o-Shishu Nirja­tan Daman Bishesh Adalat No.3, Tangail for trial where it was registe..

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.   ......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.   ...... 20-8-2006 passed by the High Court Division in Civil Revision No.1104 of 1993 making the Rule absolute and reversing the judgment and decree dated 18-3-1993 passed by the learned Additional District Judge, Eighth Court, Dhaka in Title Appeal No.120 of 1991 receiving the judgment and decree dated 31..

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. ......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. ......mitted that the appellant agitated in the High Court Division that it was not liable to pay damage of Taka 5,000 per day for staying in the suit premises even after expiry of lease........the learned Judges of the High Court Division seriously erred in law in not deciding the point though noticed in..

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

Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)

....t-petitioner without creating any hindrance or obsta­cle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ......t-petitioner without creating any hindrance or obsta­cle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ...... (hereinafter referred to as the writ-petitioner) filed the writ petition before the High Court Division calling in question the propriety of order No. 99 dated 11-1-2009 passed by the Joint District Judge, Artha Rin Adalat, Narayangonj in Mortgage Execution Case No.59 of 1994 rejecting the applicat..

Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6

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 ......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

Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)

.... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ...... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ......e Government may, by order in writing, direct that all suits of a civil nature of which the value does not exceed thirty thousand Taka shall be cognizable by a Court of Small Causes. The learned Judge of that Court was conscious of the valuation of the suit and accordingly he dealt with the mat..

Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4

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

....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 ...... Office is directed to communicate the judg­ment forthwith. Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 191 ......try by depriv­ing a large scale of citizens of Bangladesh in respect of filing corruption cases. The new section 32Ka requires sanction/permissions from the Government before filing cases against Judge, Magistrate and Government employee. Being aggrieved with the Amendment Act, 2013, on 24-11-20..

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)

....ntiff and defendant Nos.7 to 13 of the said partition suit) would get 1/3rd  share in the present suit land. The plaintiff filed Miscellaneous Case No.178 of 1972-73 in the Court of the then Sub-Divisional Officer, Chittagong for redemption of the suit land. The Sub-Divisional Officer by his or......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. ......7-2001 passed by the High Court Division in Civil Revision No.4621 of 1998 making the Rule absolute and setting aside the judgment and decree dated 29-7-1998 passed by the learned Additional District Judge, Second Court, Chittagong, in Other Appeal No.494 of 1986 reversing those dated 31-7-1986 pass..

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 ......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 ......ant. 2. Mortuz Ali Khalifa, appellant herein, was defendant No.14 in Title Suit No.101 of 1997, which was instituted by Jobeda @ Kalu Bibi  and  others in the Court of Senior Assistant Judge, Naleiti, Jhalakati for declaration of title and partition in respect of 1.28 1/2 acres of lan..

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

Anti-Corruption Commission Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku and another, 2014, 43 CLC (AD)

....anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 185.     ...... convicted under section 27(1) of the Ain on the reasonings that he had acquired properties which were beyond his known source of income, and said properties were also confis­cated by the learned Special Judge. True, during the rel­evant time, the Commission was not properly constitut­ed......ed under section 27(1) of the Ain on the reasonings that he had acquired properties which were beyond his known source of income, and said properties were also confis­cated by the learned Special Judge. True, during the rel­evant time, the Commission was not properly constitut­ed. So, th..

Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 9