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Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ......case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ......case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ......Court Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Md. Akkas Ali…………………………Petitioner Vs. The Government of Bangladesh and others……………………………..Respondent Judgment May 31, 2010. ..

Category: Administrative Law | Date: | Hits: 261

Advocate SM Zafor Sadik Vs. Md. Kamruzzaman and another, 2009, 38 CLC (HCD)

.... contempt Rule against them. We only pray for their salvation. With these observations, this petition for contempt is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 737. ......Murshid and Mr. AFM Mesbahuddin, the present President of the Supreme Court Bar Association and other senior members of the Bar. 5. We also sought the assistance of the learned Additional Attorney-General and Mr. Moinul Hossain, a former President of the Supreme Court Bar Association. 6. We ha...... contempt Rule against them. We only pray for their salvation. With these observations, this petition for contempt is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 737. ......itioner Vs. Md. Kamruzzaman and another …………….Respondents Judgment July 2, 2009. Result: The petition for contempt is disposed of. Case Referred to- Dr. MA Salam Vs. Bangladesh, Writ Petition No. 2577 of 2009. Lawyers Involved: Abdul Baset Majumder with Manzil..

Category: Civil Law | Date: | Hits: 112

Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)

.... to suffer SI for 3 (three) months more. 2. The prosecution case, in short, is that one Md. Ismail Mandal (since dead) Deputy Director of Social Welfare Department, Rangpur filed a petition to the Inspector DAB, Rangpur alleging, inter alia, that a bill for an amount of Taka 15,085.00 was sanctio......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......r 1, 1993. Result: The appeal is allowed. Cases Referred to- Hamiz Ali @ Hamid Ali Vs. The State, Criminal Appeal No.195 of 1985; 1981 PCrLJ 165; 1973 CrLJ 137; Khondker Mushaq Ahmed Vs. Bangladesh, 34 DLR (AD) 222. Lawyers Involved: Khan Saiful Haque with Khalilur Rahman Rokon, A..

Category: Criminal Law | Date: | Hits: 110

Yunus Molla (Md.) Vs. State, 1995, 24 CLC (HCD)

....Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......espondent Judgment July 9, 1995. Result: The Rule is made absolute. Lawyers Involved: Syed Ziaul Karim, Advocate ‑ For the Petitioner. Md. Abdus Salam Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.447 of 1990. Judgment Kazi Ebadul Hoque J.-......Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ..

Category: Procedural Law | Date: | Hits: 95

Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)

.... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ......ement Ltd. Vs. Abdul Hussin Essaji (3); Nanjibhai Jethabhai Vs. Popatlal Shriraj and others (4); Shib Deo Misra and others Vs. Ram Prasad and others (5); Eastern Steamship Enterprise Private Ltd. Vs. Bangladesh Agricultural Research Institute, 35 DLR 414; Princies Royal Lr. (1870) 3 ACE 41; National..

Category: Admiralty Law or Maritime Law | Date: | Hits: 258

State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)

....e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is dis­posed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ...... Mushfiqur Rahman. The Chairman of the Civil Aviation Authority also appeared through his appointed learned Advocate Mr. Saifuddin Ahmed Chowdhury. Md. Nazrul Islam Chowdhury, learned Deputy Attorney General along with Nowajish Ara Begum, learned Assistant Attorney General appeared for respondent No....... This Court issued a Suo Motu Rule upon the respondents 1. Bangladesh represented by the Secretary, Ministry of Home Affairs, 2. Chairman, Civil Aviation Authority, 3. Additional Superinten­dent of Police, Immigration, Zia International Airport, 4. Saiful, 5. Delwar, 6. Mujib, 7. Anowar and 8. Miz......Ali J.- On 20-4-2008 Manzill Murshid, learned Advocate of the Supreme Court, brought to our notice a news item published in the Financial Express on Saturday, 19-4-2008 wherein it was reported that a Bangladeshi-born Briton was assaulted by security men at Zia International Airport. This Court issue..

Category: Others | Date: | Hits: 87

Rakibuddin Talukder Vs. Government of Bangla­desh and others, 2009, 38 CLC (HCD)

..... Office is directed to send down the records of this case at once with a copy of Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......2; 51 DLR (AD) 57; 19 BLD (AD) 156; 38 DLR (AD) 201. Lawyers Involved: Md. Shahadat Tanvir Amin, Advocate, with Abul Quashem, Advocate - For the Petitioner. Iqbal Hossain, Assistant Attorney-General - For the Opposite Party No.1.  ARM Hasanuzzaman Advocate - For the Opposite Party N......itle in respect of 1.83 acres of land out of 9.80 acres described in the schedules ক and খ of the plaint. 3. The plaintiff's case put in a nutshell are that the suit land of Mouza Chak Bahuka, Police Station Sirajganj, District Pabna (now Sirajganj) appertain­ing to CS plot no 8415 measuring......during S.A. settlement operation, the land was recorded in abstract khatian of the Government for which the title of the plaintiff was clouded. Hence the suit. 4. The defendant No.1 (Government of Bangladesh) and added defendant No.2 contested the suit by filing separate written statement denying..

Category: Property Law | Date: | Hits: 76

Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)

....lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ......(HCD) 199; Abdur Razzak @ Geda Vs. The State, 16 BLD (HCD) 312; AIR 1972 (S.C.) 535. Lawyers Involved: Mizanur Rahman, Advocate - For the appellants. Sheikh Rezaul Karim, Assistant Attorney General - For the State. Criminal Appeal No.3024 of 1998. Judgment Md. Muzammel Hossain J....... order dated 10.11.1998 passed by the learned Assistant Sessions Judge, 1st Court, Kishoreganj in Sessions Case No 12 of 1997 corresponding to G.R. No.706(2) of 1996 arising out of Kishoreganj G.R.P. Police Station Case No.2(4) of 1996, convicting the accused appellants under Section 394 of the Pena......lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ..

Category: Criminal Law | Date: | Hits: 83

Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)

.... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......onvert such property to the use of the accuseds……………………………..(13) Lawyers Involved: Zaman Akter, Advocate - For the petitioner. Mosharaf Hossain Sarder, Deputy Attorney-General with Yesmin Begum Bithi, Assistant Attorney-General - For the opposite party. Criminal Mi......J.- This rule under section 561A of the Code of Criminal Procedure (the code) calling upon the opposite parties to show cause as to why the proceeding of G.R. Case No.9 of 2002 arising out of Kotwali Police Station Case No.9(1)2002 under section 406/420 of the Penal Code pending in the Court of Metr...... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ..

Category: Criminal Law | Date: | Hits: 116

Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)

....cedure inas­much as the definition of complaint given under said section excludes the report of a police officer. 31. Therefore, the lodgment of the FIR, submission of the charge-sheet by the Sub-Inspector Md. Rezaul Karim and cognizance taken by the Tribunal in the present case being contrary t...... Vs. Abdul Khaleque, 56 DLR 489; Sobhan Ramjan Vs. State, 45 DLR 521; 15 BLC (AD) 191; Lawyers Involved: Ahsanul Karim, Advocate - For the Petitioner.  Md. Shohrowardi, Deputy Attorney-General - For the State. Criminal Miscellaneous Case No.7930 of 2011. Judgment Siddiqur Rah...... Judgment dated 7-7-2008 passed by the Metropolitan Special Tribunal No.2, Dhaka in Foreign Currency Regulation Tribunal Case No.04 of 2008 arising out of GR No.110 of 2007 corre­sponding to Gulshan Police Station Case No.61(02)07 dated 19-2-2007 convicting and sentencing the convict-petitioner for......contraven­tion of any provision of the Foreign Exchange Regulation Act etc. complaint should be filed before the Magistrate by the person authorized in this behalf either by the Government or by the Bangladesh Bank and not by lodging any FIR and that too by an authorized person. This apart lodg­me..

Category: Criminal Law | Date: | Hits: 109

Osarunnessa Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ...... ..

Category: Civil Law | Date: | Hits: 134

Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)

.... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ...... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ...... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ...... thereupon one month's time from 28‑11‑1989 was allowed, that on 25‑11‑1989 respondent Nos.2 and 3 filed a petition before the Minister‑in‑Charge of Religious Affairs of the Government of Bangladesh for removal of the petitioner from the office of Mutwalli of the Waqf Estate and that in ..

Category: Trust/Waqf Law | Date: | Hits: 85

Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)

....icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ...... Judgment May 28, 2009. Result: The Rule is made absolute. Lawyers Involved:  Mahmudul Islam with MA Hannan, Advocates — For the Petitioner. Razik-al-Jalil, Deputy Attorney General with Syeda Rabia Begum, Advocates — For Respondent No. 3. Writ Petition No. 1601 of 200......icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ......abia Begum, Advocates — For Respondent No. 3. Writ Petition No. 1601 of 2009. Judgment SM Hossain J. - In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned..

Category: Civil Law | Date: | Hits: 124

Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ...... The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Lawyers Involved: Sarder Jinnat Ali - For the Applicant.  Abdur Rahim Bhuiyan, Assistant Attorney-General with Kazi Zinat Hoque, Assistant Attorney-General - For the Respondent.  Income Tax ......ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ......004) dismissing the appeal. 2. Facts relevant for disposal of the reference application are as follows: - The assessee-applicant, Chittagong Dry Dock Limited is a state owned company under the Bangladesh Steel and Engineering Corporation. Every transaction in the books of accounts of the asse..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Ful Mia Vs. State, 2004, 33 CLC (HCD)

....ree) months more with a direction to run the sentence of imprisonment concurrently. 2. The prosecution case, as projected in First Information Report and unfurled during trial is that P.W.1 Police Inspector Faruque Ahmed on 10.5.1996 received a secret information to the effect that a gang of noto......………(28) Case Referred to- Abdul Razzak Talukder Vs. State, 51 DLR (HCD) 83. Lawyers Involved: Mansur Habib, Advocate - For the appellant. Md. Ibrahim Khalil, Assistant Attorney General - For the State. Criminal Appeal No.2385 of 1998. Judgment Syed Mohammad Ziaul Kari......r 3 (three) months more with a direction to run the sentence of imprisonment concurrently. 2. The prosecution case, as projected in First Information Report and unfurled during trial is that P.W.1 Police Inspector Faruque Ahmed on 10.5.1996 received a secret information to the effect that a gang ......un concurrently. 31. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ..

Category: Criminal Law | Date: | Hits: 79

Neo Mendes and others Vs. State, 2007, 36 CLC (HCD)

....t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ......s discharged. Cases Referred to- 51 DLR (AD) 14; 45 DLR (AD) 31; 23 DLR (SC) 14. Lawyers Involved: M. Hafizullah, Advocate - For the petitioners. M. Mansur Rahman, Assistant Attorney General - For the state. Criminal Miscellaneous Case No.8763 of 2001 With Criminal Miscell......t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. .......52187 dated 23.12.2000 for 284 cartoons valued at US$ 22,262.76. It has been alleged that cargo may be delivered after surrendering documents and before surrendering these are to be endorsed by Arab Bangladesh Bank Ltd., and the Bank will endorse it only after receiving payment on behalf of the com..

Category: Criminal Law | Date: | Hits: 70

Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......er, Dhaka Division, 41 DLR 326; Mrinalendu Pal Vs. Divisional Commissioner, 2 BLC 495. Lawyers Involved: Cyril Sikder, Advocate - For the Petitioner.  Md. Jafar Imam, Assistant Attorney-General - For the Respondents. Writ Petition No.5690 of 2000. Judgment SM Ziaul Karim J.- T...... Ordinance, 1982 (hereinafter referred as Ordinance) upon the petitioner, who is the owner of 0.51 acre of land out of 4.24 acres, appertaining to Plot No.2012, Khatian No.683 of Mouja Boro Banagram, Police Station Paba, District-Rajshahi. Thereafter, Deputy Commis­sioner, Rajshahi, respondent No.2...... ..

Category: Property Law | Date: | Hits: 62

Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)

....k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......ourt High Court Division (Civil Jurisdiction) Present: Md. Arayes Uddin J SM Emdadul Hoque J Dr. M. Rafiquzzaman, the Chairman, Rafi Systems Ltd……………Appellant Vs. Bangladesh Shilpa Bank……………………………………………………………..Respond..

Category: Civil Law | Date: | Hits: 127

Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)

....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Accused-Petitioner Vs. The State………………………………………Opposite Party Judgment August 28, 2008. Result: The Rule is discharged. A Sub-Inspector of Police or an Officer above has inherent power to investigate into an offence in accorda......ially empowered by section 36(1) of the Madak Drabya Niantran Ain to search, seize, arrest, to initiate a case and to investigate into a case under this Ain and he needs no permission of the Director General of Madak Drabya Niantran Adhidaptor for investigating into a case under the Madak Drabya Nia......¦â€¦â€¦â€¦Accused-Petitioner Vs. The State………………………………………Opposite Party Judgment August 28, 2008. Result: The Rule is discharged. A Sub-Inspector of Police or an Officer above has inherent power to investigate into an offence in accordance with law ....... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ..

Category: Criminal Law | Date: | Hits: 90

Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)

....nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......ain (Md) Vs. State, 7 BLC 241. Lawyers Involved: Md. Aminul Islam - For the Petitioner. Abdul Basel Majumder - For the Opposite Party No.2.  S.M. Shahjahan Kabir, Assistant Attorney-General with Nusrat Alam Chisty, Assistant Attorney-General - For the State.  Criminal Revis......eed which were kept in the office of them. Thereafter he tried his best to get back the said Cheque from the position of the opposite party No.2. He further submits that the case was sent to the O.C. Police station Kotwali CMP Chittagong to register as Ejahar for legal action and on 09.10.2007 the O......nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ..

Category: Criminal Law | Date: | Hits: 107