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

....hmud Hossain J.- This civil petition for leave to appeal is directed against the judg­ment and order dated 14-6-2011 passed by the High Court Division in Civil Revision No.3451 of 2003 making the Rule absolute and setting aside by the judgment and order 20-7-2003 passed by the learned Joint Dist......isposal………………(15) Cases Referred to- Chandra Kumar Maladas Vs. Abdul Motaleb, 19 DLR (SC) 36; Md. Mofizuddin Vs. Abdul Hakim, 33 DLR (AD) 305. Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Md...

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

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

....st. The respondent, thereafter, moved the High Court Division under sections 435 and 439 of the Code of Criminal Procedure, without surrendering before the trial Court. The High Court Division issued Rule and on the same date granted ad interim bail and stayed all further pro­ceedings of the Met...... right of audience against the process of the Court issued against him.………. (7 & 8) Case Referred to- Anti-Corruption Commission Vs. Mahmud Hossain, 61 DLR 17. Lawyers Involved: Md. Sohrawardi, Deputy Attorney-General, instruct­ed by Mvi Md Wahidullah..

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

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

....and, Mrs. Mahfuza Begum, learned AAG submitted that the provisions of sec­tion 82 is only applicable if the certificate of the Chartered Accountants is furnished on the pre­scribed form under Rule 64A of the Income Tax Ordinance Rules, 1984. 14. We have considered the submissions of the......014.     Result: The appeal is dis­missed. Cases Referred to- Commissioner of Income Tax A-Range, Chittagong Vs. Harendra Kumar Shil, 34 DLR (AD) 298. Lawyers Involved: Rafique-ul-Huq, Senior Advocate instructed by Md.Wahidullah, Advocate-on-Reco..

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

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

....could not take shelter before law on the ground of violation of natural justice. We find no substance in this appeal. In the 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 D...... and Co. Vs. Hindustan Petroleum Corporation Limited, AIR 1987 (Guj) 19 Jamuna Oil Company Limited Vs. S.K. Dey, 44 DLR (AD) 104 Rex Vs. Sussex Justice Ex-parte Meeonly, 1924 QB 256 at page 259. Lawyers Involved: Asaduzzaman, Advocate— For the Appellant Raghib Rouf Chowdhury&nbs..

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

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

....unsel for the petitioner has submitted that the review petition is maintainable in view of Article 105 of the Constitution read with Order XXVI of the Supreme Court of Bangladesh (Appellate Division) Rules, 1998. 7. When a preliminary objection is raised about the maintainability of a petition ......62; Modern India Caterers Vs. Lieutenant Governor, 1980 SC 674; GL Gupta Vs. DN Mehta, AIR 1971 SC 2162; Ram Narain Vs. State of UP, 1970 (3) SCC 493; Madho Ram Vs. State of UP, AIR 1973 SC 467. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate (with Abdur Razzaq, Senior Advocate,..

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

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

.... Abdur Rob Bhuiyan............................................Petitioner Vs. Sheikh Ahammed and others…………......................Opposite Parties Judgment November 21, 2013. Result: The Rule is discharged. In a criminal revision the scope of reassessment of evidence is narrower than t...... treatment. Generally an accused enjoys the presumption of innocence and an accused acquitted on trial acquires an added advantage of proven innocence………………………………………(8) Lawyers Involved: No one appears for the petitioner. Abu Saleh Md. Fazle Rabbi Khan, Assistant Att..

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

Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)

.... Sheikh Md. Rafiqul Islam (Babul)....................Petitioner Vs. Manager, Uttara Bank Limited and others..........Respondents Judgment November 20, 2013 Result: The Rule is made absolute. Artha Rin Adalat can only be constituted by Joint District Judge alone. ...... যুগ্ম-জেলা জজের আদালত এই আইনের অধীন অর্থঋণ আদালত হিসাবে গন্য হইবে।............(9) Lawyers Involved: Md. Harunur Rashid, Advocate—For the Petitioner. SM Moniruzzaman, ..

Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6

Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....que J Md. Nuruzzaman (Noni)………………………Petitioner Vs. Government of Bangladesh and others……Respondents Judgment November 20, 2013. Result: The Rule is discharged. Lawyers Involved Abdus Satter Babul, Advocate-For the petitioner. ......n (Noni)………………………Petitioner Vs. Government of Bangladesh and others……Respondents Judgment November 20, 2013. Result: The Rule is discharged. Lawyers Involved Abdus Satter Babul, Advocate-For the petitioner. Ms. Amatul Karim, Deput..

Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24

Ekramul Hossain (Md.) and others Vs. Chairman, First Labour Court, Dhaka and others, 2013, 42 CLC (HCD)

....ossain (Md.) and others...................... Petitioners Vs. Chairman, First Labour Court, Dhaka and others..........Respondents Judgment November 18, 2013. Result: The Rule is made absolute. Bangladesh Labour Law Act (XLII of 2006) Sections 202(21) & Sections......Petitioners Vs. Chairman, First Labour Court, Dhaka and others..........Respondents Judgment November 18, 2013. Result: The Rule is made absolute. Bangladesh Labour Law Act (XLII of 2006) Sections 202(21) & Sections 317(4) Power Invested to Labour Court&md..

Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5

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

....Hossain J. - This civil peti­tion for leave to appeal is directed against the judgment and order dated 21-7-2011 passed by the High Court Division in Writ Petition No.6385 of 2010 discharging the Rule. 2. The facts relevant for the purpose of disposal of this civil petition for leave to app......rvation. Cases Referred to- MA Hye Vs. Trading Corporation of Bangladesh, 40 DLR (AD) 206; Ganyson Ltd. Vs. Sonali Bank, 37 DLR (AD) 42; AFM Naziruddin Vs. Hameeda Banu,45 DLR (AD) 38. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Chowdhury Md. Zahangir, A..

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

AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)

....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......d. Cases Referred to- Hasanuddin Sarker Vs. State, 34 DLR 287; Kazi Ahammad Bazlul Karim Vs. State, 11 BLC 60; Abdul Bari Vs. State, 3 BLC 474; Habibur Rahman Mollah Vs. State, 61 DLR. Lawyers Involved: Khandhar Mahbub Hossain with Md. Shah Alam, Advocates—For the Appellant..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3

Zakir Hossain and another Vs. Md. Shahnewaz and others, 2013, 42 CLC (AD)

.... Syed Mahmud Hossain J. - This petition for leave to appeal is directed against the judgment and order dated 23-8-2009 passed by the High Court Division in Civil Revision No.3046 of charging the Rule and affirming the order dated 23-6-2008 passed by the learned District Judge, Chittagong, in Ot......ip;……..(12) Cases Referred to- Taleb Ali Vs. Abdul Aziz, AIR 1929 (Cal­cutta) 189 (Full Bench); Saradindu Mukherjee Vs. Jahar Lall Agqrwalla, AIR 1942 (Calcutta) 153. Lawyers Involved: Kamal-ul-Alam, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Reco..

Category: Procedural Law | Date: 10 Oct, 2013 | Hits: 12

Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)

....ssain J. - This civil peti­tion for leave to appeal is directed against the judgment and order dated 12-12-2011 passed by the High Court Division in Civil Revision No.3873 of 2011 discharging the Rule and affirm­ing the judgment and order dated 11-10-2011 passed by the learned Joint District...... Md. Habibullah Dawn & others ………………….Respondents Judgment October 10, 2013 Result: The civil petition is dismissed. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, AJ Mohammad Ali, Senior Advocate and Qu..

Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33

SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)

.... obedience to the process issued in connection with the CR Case No.4690 of 1999 and then filed application under section 561A of the Code of Criminal Procedure in the High Court Division and obtained Rule and the said Rule was ultimately made absolute. Then the complainant preferred this appeal gett......962) SCC 739; Modi Cements Ltd. (1998) 3 SCC 249 Vs. Kuchil Kumer Nandi; MMTC Ltd. Vs. Medical Chemicals and Pharma (P) Ltd. (2002) 1 SCC 234; KK Sidharthan TP Praveena Chandran (1996) 6 SCC 69. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Appellant. (In both the cases..

Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12

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

.....................Petitioner Vs. Managing Director, Agrani Bank Ltd Head Office and others..........Respondents Judgment   October 8th, 2013.  Result: The Rule is disposed of. Bank’s responsibilities    The auction sale so far he...... steps to protect their properties as necessary during such process.......(18) Case Referred to- 67 DLR (2015) Proshanta Kumar Vs. A Banesa Bibi, Senior Vice-President, 63 DLR (AD) 160 Lawyers Involved: ATM Fazle Rabbi, and Md. Jiaur Rahman, Advocate —For the Petitioner. ..

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

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

....aful Kamal J Moulana Abdul Hakim (Md.)...............Petitioner Vs. Government of Bangladesh and others..............Respondent Judgment October 3, 2013 Result: The Rule is disposed of. Constitution of Bangladesh, 1972; Article 102(1)(2) (a)(ii), Article......, [1993] 1 Lloyd's Rep 176; Poplar Housing Association Vs. Donohue, (2001) I EWCA Cir 595 and (2002) QB 48; Jeewan Mohit Vs. The Director of Public Prosecutions of Mauritius, (2006) UKPC 20. Lawyers Involved: Rehan Husain, and Asma Akhter, Advocates—For the Petitioner. Md. I..

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

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

....his petition for leave to appeal against the judgment and order dated the 21 day of May, 2012 passed by a Division Bench of the High Court Division in Criminal Revision No.348 of 2012 discharging the Rule. 2. Facts necessary for disposal of this peti­tion are that the accused, petitioner he......lip;………………..Respondents Judgment October 3, 2013.        Result: The leave petition is dismissed. Lawyers Involved: Mvi Md. Wahidullah, Advocate-on-Record—For the Petitioner. Zainul ..

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

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

.... - This appeal, by leave, by the appellant, arises out of the judgment and order dated 6-11-2001 passed by a Division Bench of the High Court Division in Writ Petition No.3426 of 1999 discharging the Rule. 2. The facts involved in this appeal, in brief, are: The appellant is a construction......usain Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others, 50 DLR 115; Ajoy Gandi Vs. B Singh AIR 2004 Supreme Court 1391; SB Bhattacharjee Vs. HD Majumdar AIR 2007 SC 2102. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neogi, Advocate with him), instructed..

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

Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)

....Plaintiff-Appellant-Petitioner Vs. People’s Republic of Bangladesh and others.......Defendant-Respondent- Opposite Parties Judgment September 26, 2013. Result: The Rule is disposed of. Lawyers Involved: AJ Mohammad Ali with Rowshan Alam Khan, Advocate&md......oner Vs. People’s Republic of Bangladesh and others.......Defendant-Respondent- Opposite Parties Judgment September 26, 2013. Result: The Rule is disposed of. Lawyers Involved: AJ Mohammad Ali with Rowshan Alam Khan, Advocate—For the Petitioner. ..

Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3

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

.......................Respondents Judgment September 26, 2013. Result: The petitions are dismissed. The accrued/vested rights of its employees can not be taken away Service Rules The appointing authority has every right to amend/alter the service rules to suit the nee...... or created by the new rules, but no rules can be framed to his disadvantage or detriment or to the denial of his accrued/vested right………………….(9) Lawyers Involved: Dr. Kazi Akter Hamid, Advocate instructed by Sufia Khatun, Advocate-on-Record..

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