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

....3) 564 ......HCD) (2013) 564 ......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 ......, he deposed that he put his sig­nature on it Exhibit 9 series. He also identified the seized articles material Exhibit IX series. 32. In his cross-examination, he deposed that auditor Babor Ali was entrusted with the task of preparing the pay bill matter of the convict-appel­lant. He a..

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)

....s and facts do not war­rant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ......sent: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Zakir Hossain and another………………………Petitioners Vs. Md. Shahnewaz and others…………………….Re......s and facts do not war­rant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ......Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ..

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

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

....ia­tion 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) 28. ...... (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Ali Amjad Khan (Md.)………………… Petitioner Vs. Md. Habibullah Dawn & others ………………….R......ia­tion 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) 28. ......is Case is also Reported in: 66 DLR (AD) (2014) 28. ..

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

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

....ttable pre­sumption. The defence can be considered at the time of holding trial and not in an application under section 561 A of the Code.......(22) Cases Referred to- Arif-uz-Zaman Vs. State, 17 BLC (AD) 167; Electronics Trade and Technology Development Corporation Limited Vs. Indian ......ra Kumar Sinha J Md. Abdul Wahhab Miah J Hasan Foez Siddique J SM Redwan………………...............Appellant (In Criminal Appeal No.30 of 2004) Vs. Md. Rezaul Islam and others........…Respondent (In both the cases) Judgment&nbs......he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......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) Ex-parte—For the Res..

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)

....costs. The order of stay granted earlier is vacat­ed. Communicate a copy of the judgment to the bank concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 50. ...... High Court Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Mahmudul Hoque J   Proshanta Kumar Sarkar....................Petitioner Vs. Managing Director, Agrani Bank Ltd Head Office and others..........Respondents Judgmen......costs. The order of stay granted earlier is vacat­ed. Communicate a copy of the judgment to the bank concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 50. ......costs. The order of stay granted earlier is vacat­ed. Communicate a copy of the judgment to the bank concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 50. ..

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

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

....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......eme Court High Court Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Moulana Abdul Hakim (Md.)...............Petitioner Vs. Government of Bangladesh and others..............Respondent Judgment October 3, 2......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ..

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

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

....l Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Mian J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Ahmed Lal Mia............................Petitioner Vs. State and another ………………………..Responde....... Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Mian J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Ahmed Lal Mia............................Petitioner Vs. State and another ……………………….......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed.  Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204.   ......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed.  Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204.   ..

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

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

....thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......resent: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Anwarul Haque J AA Engineering Limited……………………........Appellant Vs. University of Khulna, represented by its Vice-Chancellor and others………......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ..

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)

....evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Soumendra Sarker J Satsang Bangladesh, D. Pakutia.............Plaintiff-Appellant-Petitioner Vs. People’s Republic of Bangladesh and others.......Defendant-Respondent- Opposite Parti......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......epublic 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. Sukumar Biswas, AAG—For th..

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)

....appointed after the com­ing into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul WahhabMiahJ Hasan Foez Siddique J Bakhrabad Gas System Limited..............................Petitioner Vs. Al Masud-ar-Noor and others.................................Respondents Judgment ......appointed after the com­ing into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ......appointed after the com­ing into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ..

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

State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)

....7 DLR (AD) (2015) 218. ......rul Haque J Hasan Foez Siddique J State……………………………………………Appellant Vs. Mostafizur Rahman and another...........Respondents Judgment September 18, 2013 ......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority deci­sions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ...... deci­sions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ..

Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7

Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)

....allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ......ammel Hossain CJ Surendra Kumar Sinha J    Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J  Government of Bangladesh...... Appellant (In all the appeals) Vs. Md. Abdul Maleque Miah and 7 another.........Respondent Judgment   &nbs......allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ......allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ..

Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3

ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)

....ivision (Criminal Appellate Jurisdiction) Present: Moyeenul Islam Chowdhury J Kazi Md. Ejarul Haque Akondo J ATM Nazimullah Chow­dhury............Appellant Vs. State & another…………………………&......h Court Division (Criminal Appellate Jurisdiction) Present: Moyeenul Islam Chowdhury J Kazi Md. Ejarul Haque Akondo J ATM Nazimullah Chow­dhury............Appellant Vs. State & another………………………......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500.   ......, 2013. Result: The appeal is dismissed. Cases Referred to- Abdul Bari Mollah Vs. State, 3 BLC 474; Abul Khair Vs. State, 58 DLR 500; Abul Kalam Azad Vs. State, 48 DLR 294; Moslem Ali Mollah alias Moslem Mollah and others Vs. State, 48 DLR 427 and Mansur Ali Vs. State, 39 DLR 184..

Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....ivil Services ('GCHQ'), 3 All. E.R. 935; R Vs. North and East Devon Health Authority exp Coughlan [2001] QB 213, at paragraph 57; R (on the application of Nadarajah) and Abdi Vs. Secretary of State for the Home Department, [2005] EWCA Civ 2363; R. (Bhatt Murphy) and Others Vs. Secretary for ...... Original Jurisdiction) Present: M Moazzam Husain J Quazi Reza-ul Hoque J M Enayetur Rahim J Maulana Syed Rezaul Haque Chadpuri and others .................Petitioners Vs. Bangladesh Jamaat-e-Islami and others………………&helli......hereby declared to have been given without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 14.        ......hereby declared to have been given without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 14.        ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....ivil Services ('GCHQ'), 3 All. E.R. 935; R Vs. North and East Devon Health Authority exp Coughlan [2001] QB 213, at paragraph 57; R (on the application of Nadarajah) and Abdi Vs. Secretary of State for the Home Department, [2005] EWCA Civ 2363; R. (Bhatt Murphy) and Others Vs. Secretary for ...... (Special Original Jurisdiction) Present: M Moazzam Husain J Quazi Reza-ul Hoque J M Enayetur Rahim J Maulana Syed Rezaul Haque Chadpuri and others .......Petitioners Vs. Bangladesh Jamaat-e-Islami and others………………&helli......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ......রূপঃ "15. On 17-10-71, a Conference (100) of Pakistan Islami Chhatra Sangha (ICS), Rangpur Branch was held in Rangpur town with ATM Aaharul Islam (ICS) in the chair. Amongst others Ali Husan Md Mujahid, Acting President, WPICS addressed the Conference, explaining the present situa..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)

....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ...... Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J ARM Shahidul Huq J Syed Raihan Hasan Ali Chowdhury.................Plaintiff-Appellant Vs. Syed Hamde Ali Chow­dhury and others...........Defendant-Respondents Judgment ......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......d in: 66 DLR (HCD) (2014) 5. ..

Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5

Md. Monirul Islam Vs. Bijoy Halder, President Lohalamari Matshajibi Samabaya Samity Ltd. and others, 2013, 42 CLC (AD)

....d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease. Ed. This Case is also Reported in: ......   Muhammad Imman Ali J     Mohammad Anwarul Haque J Hasan Foez Siddique J Md. Monirul Islam………………………………….Petitioner Vs. Bijoy Halder, President Lohalamari Matshajibi Samabaya Samity Ltd. and others....................d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease. Ed. This Case is also Reported in: ...... Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169

Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)

....on   (Criminal Appellate Jurisdiction) Present: Borhanuddin J KM Kamrul Kader J Younusuzzaman (Badal).........................Petitioner Vs. The State and another………………..............Opposite parties Judgment July 25, 2013....... Court Division   (Criminal Appellate Jurisdiction) Present: Borhanuddin J KM Kamrul Kader J Younusuzzaman (Badal).........................Petitioner Vs. The State and another………………..............Opposite parties Judgment J...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140

Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)

....hmud Hossain J AHM Shamsuddin Chowdhury J              Sarwar Hossain Moni (Md.)........Petitioners (In both cases) Vs. State and another……………………Respondents (In bot...... Syed Mahmud Hossain J AHM Shamsuddin Chowdhury J              Sarwar Hossain Moni (Md.)........Petitioners (In both cases) Vs. State and another……………………Respondent......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ..

Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8

Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)

....bsp;      Muhammad Imman Ali J     Mohammad Anwarul Haque J Hasan Foez Siddique J Mati alias Md. Matiar Rahman............Appellant Vs. The State.................................Respondent Judgment July 23, 2013. Result: The app......a J        Muhammad Imman Ali J     Mohammad Anwarul Haque J Hasan Foez Siddique J Mati alias Md. Matiar Rahman............Appellant Vs. The State.................................Respondent Judgment July 23, 2013. Result:......304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ......gly modified. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88