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Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)

....e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......1 against Md. Rezaul Karim, Mukta Begum, Md. Khandaker Amirul Islam Tuku and Sharif Masudul Haque as the defen­dants Nos.1-4 and also impleading the Sonali Bank, its Managing Director and two Deputy General Mangers as defendants numbers 5 to 8. The plain­tiffs case, in brief, is that they have pur......e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......s. M. Zahirul Islam, has no manner of application in this case as because the said decision is regarding a suit filed by a bidder alongwith prayer for temporary injunction to restrain the defendants (Bangladesh Shipping Corporation and others) from selling the vessel to anybody else. The apex Court,..

Category: Administrative Law | Date: | Hits: 212

AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)

....Ain is to be followed before taking action under sec­tion 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ......Ain is to be followed before taking action under sec­tion 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ......Ain is to be followed before taking action under sec­tion 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ......ers Vs. Rupali Bank Limited and others……………………Respondents Judgment April 8, 2012. Result: The Rule is made absolute. Case Referred to- Sheikh Nazmul Haque Vs. Bangladesh, 14 BLC 107. Lawyers Involved: Md. Osman Ghani Bhuiyan - For Petitioners. Md. I..

Category: Civil Law | Date: | Hits: 159

Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)

....ccordance with law. Office is directed to communicate the order at once with a copy of judgment of information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 791. ......ccordance with law. Office is directed to communicate the order at once with a copy of judgment of information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 791. ......ccordance with law. Office is directed to communicate the order at once with a copy of judgment of information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 791. ......spondent Nos. 2-3. Writ Petition No. 9097 of 2006. Judgment SM Ziaul Karim J. - This Rule Nisi was issued, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the impugned order dated 24-8-2006 ..

Category: Civil Law | Date: | Hits: 139

Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)

....he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ......he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ......2.1978 vested upon the plaintiffs being the heirs by inheritance of Khanto Bibi. 3. Plaintiffs' case, in short, was that the suit land measuring an area of 4.02 acres of Mouza Joka under Maheshpur Police Station appertaining to C.S. Khatian Nos.6, 11, 51 and 32, the suit lands, described in the s...... and others. Khanto Bibi executed and registered the deed of exchange on 11.4.1964 for her Indian lands in favour of Surja Kanto Ghosh and others and thereafter migrated to the then East Pakistan now Bangladesh. As Surja Kanta Ghosh and others were living in West Bengal they could not come to the th..

Category: Property Law | Date: | Hits: 52

Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)

....hearing, the matter has been taken up for hearing. 3. The circumstances leading to the issuance of the Rule, as disclosed in the FIR, are briefly, as follows: Mr. Md. Billal Hossain Sikder, Sub-Inspector of Police, as the informant, lodged an FIR with Kotwali Police Station, District-Mymensing......ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ......matter has been taken up for hearing. 3. The circumstances leading to the issuance of the Rule, as disclosed in the FIR, are briefly, as follows: Mr. Md. Billal Hossain Sikder, Sub-Inspector of Police, as the informant, lodged an FIR with Kotwali Police Station, District-Mymensingh on 21- 6-07......ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ..

Category: Anti-Corruption Laws | Date: | Hits: 44

Alkas Gorami Vs. State, 2006, 35 CLC (HCD)

.... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ......ostafa Hossain, 43 DLR (AD) 182;35 DLR 119; 44 DLR 136;Osman Gani Vs. State, 9 BLT (AD) 107. Lawyers Involved: A.K.M. Faiz, Advocate-For the Appellant.  Nikhilesh Dutta, Deputy Attorney-General-For the State.  Criminal Appeal No.372 of 2002. Judgment Md. Ashfaqul Islam J.......7. 2. The prosecution case, as it appears from the deposition of P.W.1 S.I. Md. Abdul Gafur Khan, in short, is that on 4.1.1995 at about 12.35 hours one Chowkidar namely, Akmal Hossain came to the Police Station and informed that in the field of Hasankandi two unknown dead bodies were lying and o...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ..

Category: Criminal Law | Date: | Hits: 43

Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)

....r further Order or Orders passed, as to this Court may seem fit and proper. 2. In short, the case of the prosecution for the purpose of disposal of the Rule is as follows:- One Monjur, the then Inspector of District Anti-Corruption Officer, Chittagong lodged the FIR stating that in order to fa......is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and neces­sary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......equired by law received from the office of the then Prime Minister under Memo No.C/14/91/Ctg/1522 dated 18-1-93. Thereafter, the accused-petition­er filed a Naraje-Petition against the submission of Police Report which was disposed of by the then Senior Special Judge, Chittagong. 3. However, on ......is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and neces­sary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ..

Category: Procedural Law | Date: | Hits: 59

Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)

....Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ...... Md. Khurshid Alam Khan with Mohammad Mujibur Rahman, Advocates - For the petitioners.   None appears - For the Opposite Party No.1 Md. Mamunor Rashid with K.M. Masud Rumy, Assistant Attorney-General - For the State.   Criminal Miscellaneous Case No.1927 of 2002. Judgment Md. Emdad......Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......er 2. Abdul Kader alias Kader, son of late Abdul Jalil Both of partnership producer Messers Light and Sound 47 Bijoy Nagar (2nd Floor) Dhaka 1000……………………….Petitioner Vs. 1. Bangladesh Film Development Corporation, Tejogaon Industrial Area, Dhaka 1208, Represented by its La..

Category: Criminal Law | Date: | Hits: 66

Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)

....g the appellant Nur Hossen under section 19 A of the Arms Act and sentenced him to suffer rigorous imprisonment for 10 (ten) years. 2. The prosecution case, in short, is that on 03.01.1999 one Sub-Inspector Enamul Kabir as informant lodged a First Information Report under section 19A and 19 (f) o......nd others Vs. The State, BCR 2005 (HCD) 508; Mohammad Alam and three others Vs. The state, 19 DLR SC 242; Anat Gopal Sheorey Vs. the State of Bombay; Momen Abdul Karim Haji Tayab Vs. Deputy Custodian General, New Delhi and others. Lawyers Involved: Dewan Abdun Naser, Advocate - For the appell......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ..

Category: Criminal Law | Date: | Hits: 77

Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)

.... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ...... 192. Lawyers Involved: Khondker Mahbub Hossain, Advocate - For the Petitioner.  Khan Saifur Rahman, Advocate - For Opposite Party No.2.  Md. Helal Uddin Mollah, Deputy Attorney-General - For the State/Opposite Party.  Criminal Miscellaneous Case No.9002 of 2004. Jud...... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ...... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ..

Category: Criminal Law | Date: | Hits: 39

Sufi Samrat Hazrat Mahbub-e-Khuda Vs. RAJUK and others, 2007, 36 CLC (HCD)

....tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ......tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ......tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ...... that the Building Construction Act, 1952 was enacted in order to prevent haphazard construction of building and excavation of tank which are likely to interfere with the planning of certain areas in Bangladesh. For that purpose, certain legal requirements are to be fulfilled for having a sanctioned..

Category: Property Law | Date: | Hits: 64

Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)

....own by the Assessee-applicant as loan from bank was without any basis and hence the DCT rejected the income shown. The DCT in other count estimated rent on the basis of local inquiry conducted by the Inspector which also shows that during the assessment year the Assessee-applicant made investment to......osed off. Lawyers Involved A. J. Mohammed Ali, Advocate with Hassan M.S. Azim, Advocate with Kamal Hossain Meahzi, Advocate-For the Assessee-applicant. Mrs. Mahfuza Begum, Assistant Attorney General-For I.T. Department. Income Tax Reference Application No.72 of 2007 Judgment AFM A......hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Metro Makers and Developers Limited and others Vs. Bangladesh Environmental Lawyers’ Association Limited (BELA) and others, 2012, 41 CLC (AD)

....red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J. I agree with the reasoning and findings given by Syed Mahmud Hossain, J. Ed. This Case is also Reported in: ......cal area of an area by notification if it has reason to believe that due to environmental erosion the eco-system of any locality is in danger due to any work or process in the said area. The Director General of this Directorate has been authorized to take steps for the conservation of environment, i......resent Dhaka established area at the east which is low lying area across Torag river and its canals and is designated as Flood Flow/Sub- Flood Flow Zone area within which Ameen Bazar area under Savar Police station has fallen as part of Sub- Flood Flow Zone. The DMDP has identified that there have b......J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Metro Makers and Developers Limited……Appellant (In Civil Appeal No.256 of 2009) Bangladesh Environmental Lawyers’ Association (BELA)………Appellant (In Civil Appeal No.25..

Category: Environmental Law | Date: | Hits: 434

Bangladesh Krishi Bank Vs. Government of the People's Republic of Bangladesh and Others, 2007, 36 CLC (HCD)

....is sent back to the Court below for writing out a proper order in accordance with law. Send down the lower Court's record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 242. ......is sent back to the Court below for writing out a proper order in accordance with law. Send down the lower Court's record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 242. ......is sent back to the Court below for writing out a proper order in accordance with law. Send down the lower Court's record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 242. ......once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 242. ..

Category: Civil Law | Date: | Hits: 74

Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)

.... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......August, 19, 2009. Result: The Rule is made absolute in part. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the petitioner. SK. A.K.M. Moniruzzaman Kabir, Assistant Attorney-General - For the opposite party. Criminal Miscellaneous Case No.15321 Of 2005. Judgment K......ule issuing order, all further proceedings of the said G.R. Case were also stayed. 3. The facts relevant for the purpose of disposal of the Rule are that one Md. Abdul Karim lodged FIR with Taknaf Police Station alleging that the accused No.1 Bimol Das Gupta @ Chili Gupta having previous acquaint...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ..

Category: Criminal Law | Date: | Hits: 62

Millan Miah and another Vs. State, 2012, 41 CLC (AD)

....they took him to Mithapukur Hospital for treat­ment and the injured Shahidul died in the Hospital during treatment. Thereafter, Md. Ranga Miah, the informant, filed ejahar. One Krishna Kumar, Sub-Inspector of Mithapukur Police Station recorded the ejahar and Md. Ibrahim, Sub-Inspector started in......ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......t for life. 2. The facts leading to filing of the instant leave petition are that one Md. Ranga Miah, brother of the victim Shahidul Islam lodged the First Information Report (FIR) with Mithapukur Police Station, district Rangpur on 7.8.2001 alleging that at about 9.00 a.m. on that day his brothe......ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ..

Category: Criminal Law | Date: | Hits: 60

Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)

....h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......ng the appeal. He further contends that since the plaintiffs claimed that the suit plot was never acquired by the Government, the plaintiffs should have made the acquiring body i.e. the Government of Bangladesh a party to the suit but they intentionally avoided to do so. 7. Mr. Mahbubey Alam, the..

Category: Property Law | Date: | Hits: 56

Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)

....umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......thority for what it actually decides. It cannot be quoted for a proposition that may seem to follow from it. Every Judgment must be read applicable to particular facts proved or assumed to be proved. Generality of expression which may be found there are not intended to be exposition of whole law but......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......s…………………………Opposite Parties Judgment April 29, 2007. Result: The rule is disposed of. Cases Referred to- Upendra Chandra Rishi Vs. Sufia Begum, 42 DLR (AD) 285; Bangladesh Vs. Chand Mia, 44 DLR (AD) 98; Santosh Kumar Chakraborty Vs. MA Motaleb Hossain, 36 DLR (..

Category: Property Law | Date: | Hits: 64

Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ......down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ......down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ......(Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Nawabgonj Central Co-operative Bank Ltd.……………………………Petitioner Vs. Government of Bangladesh and others……………………………Respondents Judgment April 29, 2007. ..

Category: Civil Law | Date: | Hits: 70

Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)

....mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......bury Vs. Madison 1803;Khandakar Ehteshamuddin Ahmed @ Iqbal-Bangladesh 33 DLR (AD) 154; Baker Vs. Carr (396 US 186:1962); AIR 1965 S.C. 747; Packer Vs. Packer 1954; OBG Vs. Allan 2008 Ac-1.; Attorney General Vs. Mulholland (1963 2QB 477); Mayor of St. Mellon’s RDC Vs. Newport Corporation 1952 AC 1......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......ecial Original Jurisdiction) Present: AHM ShamsuddinChoudhury J Gobinda Chandra Tagore J Advocate Manzill Murshid, Supreme Court Bar Association Building, Hall No. 2, P.S. Shahbag, Dhaka, Bangladesh And others…........................Petitioners Vs. Bangladesh, represented by The..

Category: Constitutional Law | Date: | Hits: 413