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Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)

....on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ......dge, for passing the judgment on the light of the observations made in the body of the judg­ment....... (9) Case Referred to- Joynal Abedin Mollah Vs. Atiar Rahman, 2 BCR (AD) 431. Lawyers Involved: Rowshan Alam Khan, Advocate—For the Defendant-Respondent-Petitioners. ......on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ..

Category: Property Law | Date: 6 Apr, 2014 | Hits: 9

State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)

....e is directed to dis­pose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ...... a heinous crime. Stoppage of the trial did not mean an end of the woes of the accused. A revival would revive his woes. ... (18) Case Referred to- Md. Aslam Vs. State 19 DLR (SC) 242. Lawyers Involved: Sakila Rowshan, DAG with Sharmina Haqaue, AAG and Md. Shorwardhi, AAG—F......e is directed to dis­pose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ..

Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3

AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266.     ......D) 193; M Abu Raihan Vs. Bangladesh, 7 BLC 44; Md. Anwarul Haque Vs. Government of Bangladesh, VIII ADC 787; Matiur Rahman Vs. Bangladesh, 50 DLR 357; AKM Kawser Ahmed Vs. Bangladesh, 65 DLR 37. Lawyers Involved: Salauddin Dolon and Md. Mohammad Sherajul Monir, Advocates—For the Peti......seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266.     ..

Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6

Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)

....nd 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) 190.     ......and to the plaint. Unless the plaintiff could prove his possession in the schedule land he could not avail of the benefit of the illustra­tion-' h' to section 3 of the Act.......(14) Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate......nd 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) 190.     ..

Category: Property Law | Date: 19 Mar, 2014 | Hits: 15

Rahima Begum Vs. Government of Banglades Represented by the Secretary, Ministry of Local Government and others, 2014, 43 CLC(HCD)

....from April 2011, within 2(two) weeks from the date of receipt of this judgment. Communicate copies of the judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 46. ......absolute Constitution of Bangladesh, 1972; Article 102(2) The nature of order stopping salary, allowances and keeping off the indicted employee from duty is unheard of and not known to law. Law provides entitlement of allowance to the public servants or employees of other public bodies und......from April 2011, within 2(two) weeks from the date of receipt of this judgment. Communicate copies of the judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 46. ..

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6

Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)

....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208.   ......kanta Mishra Vs. Registrar of Orissa High Court, AIR SC 1974 SC710; Andre Paul Terence Ambard Vs. The Attorney General of Trinidad and Tobago, AIR 1936 PC 141 and Queen Vs. Gray, (1900) 2 QB 36. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, Sara Hossain, Advocate with him instructe......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208.   ..

Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16

Hossain Ali (Md.) and 22 others Vs. Bangladesh, represented the Secretary Ministry Education and others, 2014, 43 CLC (HCD)

....;                    Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 204 ......on and others........Respondents Judgment            March 9, 2014.     Result: The Rule is disposed of. Lawyers Involved: Abdul Wadud Bhuiyah, Senior Advocate with Syed Mokaddas Ali, Advocate—F......;                    Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 204 ..

Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3

State Vs. Arman, 2014, 43 CLC (AD)

....bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ...... Arman………….......................Respondents Order March 9, 2014.        Result: This petition is disposed of. Lawyers Involved: Mahbubey Alam, Attorney-General, instructed by Madhu Malati Chy Barua, Advoca......ossain J AHM Shamsuddin Choudhury J State……..............................Petitioner Vs. Arman………….......................Respondents Order March 9, 2014.        Result: This petition ..

Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4

Amirul Islam (Md.) Vs. Commissioner of Customs Chittagong and others, 2014, 43 CLC (HCD)

.... order positively. In the result, the rule is disposed of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ......luation Rules. The Customs Authority finally assesses the goods and to duly in accordance with Customs Valuation Rules, 2000 after notifying the documents and papers….. (10 & 11) Lawyers Involved: Md. Jamal Hossain, Advocate—For the Petitioner. SM Moniruzzaman, D...... order positively. In the result, the rule is disposed of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ..

Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8

SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....e are liable to be discharged. 14. Previously with a view to provide for the constitution of union parishad for the union in rural areas and for matters incidental or ancillary thereto the Chief Martial Law Administrator had promulgated the Local Government (Union Parishad Ordinance, 1983) (in ......h and others..........Respondents Judgment March, 2014. Result: Both the Rules are made absolute. Cases Referred to- Bangladesh Vs. Lokman Patwari, 46 DLR (AD) 163. Lawyers Involved: AM Amin Uddin and Nakib Saiful Islam, Advocates —For the Petitioner (In......issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34.     ..

Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5

Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)

....me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234       ......ent February 25, 2014 Result: The petition is dismissed. Case Referred To- Md. Mazakat Harun & Ors. Vs. Export Import Bank of Bangladesh Ltd. 32 BLD (AD) (2012) 115. Lawyers Involved: Sheikh Fazle Noor Taposh with Md. Mehedi Hasan Chowdhury and AKM Rabiul Hassa......fication dated 7-8-2012 for independent directors. Hence, the petitioners cannot be called independent/nominated directors in complete contravention of the said Notification; that in the Judgment and Order dated 6-5-2013 delivered by the Hon'ble High Court in the Company Matter No. 90 of 2013, t..

Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9

Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)

.... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ......AK Faizul Huq (Raju) and others…………………….Respondents Judgment February 25, 2014 Result: The petition is dis­missed. Lawyers Involved: Fida M Kamal, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record&...... be reluctant to make such transposition of the parties for the ends of Justice or to prevent abuse or the process or the Court. 9. Mr. Fida M Kamal has advanced argument to the effect also that Order I, rule 10 of the Code of Civil Procedure is not applicable in a succession case which is neit..

Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4

Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)

....hereinbe­fore. The Artha Rin execution case in question (No.560 of 2004) shall stand sat­isfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207.   ......ers................Respondents Judgment             February 24, 2014. Result: The leave petition is disposed of. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Nurul Islam Bhuiyan, Advoc......Court Division on hearing the writ petition issued Rule on 17-2-2010 in the following terms: "Let a Rule Nisi be issued calling upon the respondent(sic) to show cause as to why the impugned Order dated 14-1-2010 passed by the Artha Rin Adalat No.1 Dhaka in Artha Execution case No.560 of 20..

Category: Others | Date: 24 Feb, 2014 | Hits: 15

Durnity Daman Commission and another Vs. Dr. Khandaker Mosharraf Hossain and another, 2014, 43 CLC (AD)

....e High Court Division. The petition for Leave to Appeal is dis­posed of with the above observations and guide­lines. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 92. ......ellip;…………….(23) Cases Referred to- State Vs. Zakaria Pintu, 31 BLD (AD) 20 = 62 DLR (AD) 420; State Vs. Abdul Wahab Shah Chowdhury, 51 DLR (AD) 243. Lawyers Involved: Mahbubey Alam, Attorney-General, instructed by Sufla Khatun, Advocate-on-Reco......fter that money were invested in the stock market, can only be ascer­tained through investigation and evidence, not at the anticipatory bail petition stage. 26. The High Court Division's Order does not depict that the legal and factual aspect stem­ming from the FIR story was process..

Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52

BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)

....y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372     ......re required to intimate in writing to the VAT registered person their objection, if any, regarding the price declaration within 10 working days of receiving the price declara­tion.......(13) Lawyers Involved: Rafiqul-ul-Huq, Senior Advocate and Ahsanul Karim, Advocate with him, instruc......ral, it is pertinent to go through the grounds, on which, leave was granted on the fol­lowing grounds: "(I) The High Court Division acted ille­gally in not holding that the impugned Order No. CEVT/CASE (VAT) 5/98 dated 30-6-1998 passed by respondent No.2 and Demand Notice No. 11/Da..

Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5

Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)

....manded to the Court of Settlement to deal with it in the light of our dis­cussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ......Md.)......................Appellant Vs. Chairman, Court of Settlement and another ............Respondents Judgment February 19, 2014. Result: The appeal is allowed. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-...... was absent at all material times and she left the house uncared, her whereabouts were not known after emergence of Bangladesh and her whereabouts were also not known on the day, when President's Order (PO) No.16 of 1972 came into force. The appellant's contention of death of the lessee on 2..

Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21

কবির ষ্টীল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)

....ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in:         ......ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in:         ......ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in:         ..

Category: Fiscal/Taxation Law | Date: 17 Feb, 2014 | Hits: 7

Gias Uddin Chowdhury (Md.) and oth¬ers Vs. Bangladesh, repre¬sented by the Secretary, Ministry of Law and others, 2014, 43 CLC (AD)

.... can protect his right and title in that property by filing proper suit in a proper forum." The petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 213. ......J       Gias Uddin Chow­dhury (Md.) and oth­ers........................Petitioners Vs. Bangladesh, repre­sented by the Secretary, Ministry of Law and others..................Respondents Judgment February 17, 2014. Result: ......High Court Division calling in question order No.14 dated 16-2-2010 passed by Artha Rin Adalat No.1, Chittagong in Artha Rin Execution Case No.118 of 2009 rejecting an application filed by them under Order XXI, rules 90 and 91 of the Code of Civil Procedure (the Code) read with section 32 of the Art..

Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9

S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)

...., we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the peti­tions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......65; Sreemoti Indira Gandhi Vs. Rajnarain, AIR 1975 (SC) 2299; Md. Ismail Vs. State, 21 DLR (SC) 161; Commission­er of Income Tax and Kerala Vs. Tara Agencies 2007) 6 Supreme Court Cases 429. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate......of her father and brother. Hence, the suit has been filed by the plaintiff for declaration of title in the suit property. 4. Defendant No.1 contested the suit by fil­ing an application under Order VII, Rule 11(d) of the Code of Civil Procedure for rejection of the plaint, contending, inter ..

Category: Property Law | Date: 16 Feb, 2014 | Hits: 19

Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)

....d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......King Jr. who once stated as under: "Morality cannot be legislated, but behaviour can be regulated. Judicial decrees may not change the heart, but they can restrain the heartless." Lawyers Involved: Shamsul Huq, Advocate, instructed by Md. Abu Siddique, Advocate-on-Record&mda......d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ..

Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21