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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

Commissioner of Customs, Excise and VAT Commissioner of Customs, Excise and VAT Vs. Appollo Steel Mills Ltd and others, 2013, 42 CLC (AD)

....no reason and logic, he could just sit over the matter. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 143   ...... CJ Md. Abdul Wahhab Miah J Syed Mahmud Hossain J AHM Shamsuddin Chowdhury J Commissioner of Customs, Excise and VAT………………Petitioner Vs. Appollo Steel Mills Ltd and others…………………&......no reason and logic, he could just sit over the matter. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 143   ......ellip;…………(15) Lawyers Involved: SM Moniruzzaman, Deputy Attorney-General instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Mahmudul Islam, Sr Advocate instructed by Md. Zaliirul Islam, Advocate-on-Record—For the Respondents. ..

Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9

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. ......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. ..

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   .......1 is entitled to be promoted to MNS-V on 14-3-1990 to the post of Deputy Secretary on 8-2-1992 and to the post of Joint Secretary on 23-7-1998 on which date the petitioner's junior Mr. Md. Tazul Islam was promoted to those posts. 7. Some junior colleagues who were opposite parties in AT Ca..

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.   ......t once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500.   ..

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.        ......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……………………Respondents Ju..

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 ) ......ion) 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……………………Respondents Ju..

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. ......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. ..

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

Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)

....Orders of Stay as ini­tially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551   ......ourt Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Mahmudul Hoque J Robi Axiata Ltd………………...Petitioner Vs. First Labour Court Dhaka and others...................Respondents Judgment   ......Orders of Stay as ini­tially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551   ......now possible to bring an individual dispute before the Labour Court" 19. The substantive effect consequent upon such amendment came further to be explained in the James Finlay judgment by R Islam, J thus at para 58, pages 84-85: "As the section now stands, existence of an 'in..

Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7

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: ......sent: Nazmun Ara Sultana J        Muhammad Imman Ali J     Mohammad Anwarul Haque J Hasan Foez Siddique J Md. Monirul Islam………………………………….Petitioner Vs. Bijoy Halder, President Lohala..

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: ...... to- Jagarlamubi Surya Prasad Vs. State of AP, (1992) 1 BC 120; UP Pollution Control Board Vs. Modi Distillery, (1987) 3 SCC 68; Krishan Bi Vs. ARPI Press, (1994) 80 Company CAs, 750 Ma; Wahidul Islam Chairman and others Vs. The State and others, 28 (2008) BLD (HCD) 354; Nizamuddin Mahmood Vs. ..

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

Bangladesh Development Bank Limited Vs.Judge, Artha Rin Adalat, Jessore and others, 2013, 42 CLC (HCD)

....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2013) 1. ......igh Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Bangladesh Development Bank Limited...................Petitioner Vs. Judge, Artha Rin Adalat, Jessore and others..............Respondents Judgment Jul......respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2013) 1. ......mmunicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2013) 1. ..

Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10

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

Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)

....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180.   ......a Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J AHM Shamsuddin Chowdhury J Zahidul Islam (Md.)…………........................Appellant Vs. Md. Kamal Hossain and another………........Respondents Judgment ......irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180.   ......e Division (Criminal) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J AHM Shamsuddin Chowdhury J Zahidul Islam (Md.)…………........................Appellant Vs. Md. Kamal..

Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9

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: ......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: ..

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

Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)

....in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......ivision (Civil) Present: Nazmun Ara Sultana J Mohammad Anwarul Haque J Hasan Foez Siddique J Ayurvedia Pharmacy (Dhaka) Ltd…………………......Petitioner Vs. Meher Banu Bibi and others………………………………Respondents Judgment ......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ...... Vs. Meher Banu Bibi and others………………………………Respondents Judgment July 7, 2013. Result: The is hereby dismissed Lawyers Involved: Quamrul Islam Siddique, Advocate instructed by Mohd. Nawab Ali Advocate-on-record- For the Petitioner. ..

Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13

Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)

....Present: Nazrnun Ara Sultana J Md. Anwarul Haque J Hasan Foez Siddique J Zahirul Islam @ Dipu (Md.)…………………Appellant Vs. State……………………………&hellip......al) Present: Nazrnun Ara Sultana J Md. Anwarul Haque J Hasan Foez Siddique J Zahirul Islam @ Dipu (Md.)…………………Appellant Vs. State…………………………&helli......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129.   ...... 20 BLC (AD) (2015)129.   ..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3

Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)

....Rule, as have been stated in the instant revisional application, in short, are that the present petitioner as pre-emptor filed Miscellaneous Case No. 129 of 2008 (Pre-emption) under Section 96 of the State Acquisition and Tenancy Act (Hereinafter referred as said Act) against the opposite parties in...... ......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ..

Category: Property Law | Date: 17 Jun, 2013 | Hits: 4

Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)

.... the learned Judges do not follow their constitutional obligation, it would be taken as an aberration………….….. (14 &15) Case Referred to- Sadiq Ali Vs. State, 18 DLR (SC) 393; Muhammad Ayub Vs. Muhammad Yakuk, 19 DLR (SC) 38; State Vs. Abdul Wahab Shah......        AHM Shamsuddin Chowdhury J           Wadud Mollah (Md.)........................Petitioner Vs.   Md. Nayem and Another………………....Respon......h the above observations. Let a copy of this judgment be communi­cated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......LR (SC) 393; Muhammad Ayub Vs. Muhammad Yakuk, 19 DLR (SC) 38; State Vs. Abdul Wahab Shah Chowdury, 51 DLR (AD) 242; State Vs. Zakaria Pintu, 2010 BLT (AD) 491= 62 DLR (AD) 420; State Vs. Md. Monirul Islam alias Nirab, 19 BLT (AD) 144 = 16 BLC (AD) 53. Lawyers Involved: Shahanara Begum, Ad..

Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3

Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)

....iscloser of the date of service of notice in the complaint petition cannot be a ground for quashing the proceeding…….(20-22)  Case Referred to- Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Abdul Quader Cho...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Chowdhury J Golam Rasul Belal..................................Appellant Vs. Habibullah Shakir and another.............Respondents Judgment June 11, 2013. ......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58.     ......DLR (AD) 195; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38 and Habibur Rahman Howlader Vs. State, 53 DLR (AD) 111. Lawyers Involved: MA Samad, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record—For the Appellant. Mahmuda Begum, Advocate-on-Record—For ..

Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10