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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. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦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. Fida M. Kamal, Advocate Instructed by Shamsul Ala..

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.   ......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.   ..

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. ......sion. If 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 Wa..

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

Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)

....granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476.   ......   ......granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476.   ......the vested property list in VP Case No. 846/68-69 and 848/68-69 and the property were leased out to different persons. The decree passed in Title Suit No. 351 of 1975 is forged and collusive. Mokshed Ali Howlader hus­band of Monowara Begum used to possess the suit land by taking lease from the-a..

Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2

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.     ......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.     ..

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

Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)

....: Md. Muzammel Hossain CJ Surendra Kumar Sinha J  Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Sahab Uddin (Md.).........................Petitioner Vs. State and another ........................Respondents Judgment June 11, 2013. Result:...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J  Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Sahab Uddin (Md.).........................Petitioner Vs. State and another ........................Respondents Judgment June 11, 2013. ......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ..

Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14

Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ...... Grameen Telecom represented by its Managing Director: M. Khalid Shams, having its Registered Office at Grameen Bank Complex Mirpur-2, Dhaka-1216….. ……………............Assessee-Applicant Vs. The Commissioner of Taxes, Taxes Zone-03, 35, Pioneer Road, (Ayesha Manjil) Segunbagicha, Dha......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......, (Ayesha Manjil) Segunbagicha, Dhaka-1000, Bangladesh………Respondent Judgment June 5, 2013. Result: Income Tax Reference Application is allowed. Lawyers Involved: Sarder Jinnat Ali, Adocate with A.B.M. Fazlur Rashid, Advocate-For the Assessee-applicant. S. Rashed Jahangir, ..

Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86

Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)

....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126.   ...... (Civil Revisional Jurisdiction) Present: ANM Bashir Ullah J Nazrul Islam (Md.) & others……………………Defendant-Petitioners Vs. Mahfuzur Rahman and others.................Plaintiff-Opposite Parties Judgment Ma......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126.   ......n Bibi was pos­sessing 1.77 acres of land and which is suit land also sold by a registered kabala on 13-11-1936 to Keramatullah Mia, Fazlar Rahman, the predeces­sor of the plaintiffs and Ator Ali Mia, the prede­cessor of the defendant-petitioners. Halima khatun died leaving daughter Wahe..

Category: Property Law | Date: 21 May, 2013 | Hits: 6

ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)

....charged without any orders as to costs.' Communicate the judgment to the court con­cerned at once.  Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9.   ...... Present: Syed Refaat Ahmed J Mahmudul Haque J ABSCO Limited……………………………................Petitioners Vs. Artha Rin Adalat No.2, Dhaka & another..................Respondents Judgment ......charged without any orders as to costs.' Communicate the judgment to the court con­cerned at once.  Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9.   ......charged without any orders as to costs.' Communicate the judgment to the court con­cerned at once.  Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9.   ..

Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8

Head Mistress, Hazrat Shah Ali Girls' High School, Mirpur, Dhaka Vs. Mohammad Ibrahim and others, 2013, 42 CLC (AD)

....cordingly dis­posed of. The matter is remanded to the High court Division for a fresh hearing. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 300; 18 MLR (AD) (2013)153. ......ab Miah J Syed Mahmud Hossain J Siddiqur Rahman Miah J AHM Shamsuddin Chowdhury J Head Mistress, Hazrat Shah Ali Girls' High School, Mirpur, Dhaka .............Petitioner Vs. Mohammad Ibrahim and others..........Respondents Judgment May 6, 2013. Res......cordingly dis­posed of. The matter is remanded to the High court Division for a fresh hearing. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 300; 18 MLR (AD) (2013)153. ...... (Civil) Present: Surendra Kumar Sinha J Md. A Wahhab Miah J Syed Mahmud Hossain J Siddiqur Rahman Miah J AHM Shamsuddin Chowdhury J Head Mistress, Hazrat Shah Ali Girls' High School, Mirpur, Dhaka .............Petitioner Vs. Mohammad Ibrahim and ..

Category: Procedural Law | Date: 6 May, 2013 | Hits: 15

Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)

....Cases Referred to- Mohammed Zulfiqar Vs. Abul Kalam, 42 DLR (AD) 83; Superintendent and Legal Remembrance Vs. Zubed Ali, 26 DLR (AD) 1; Zamil Hoque Vs. Bangladesh, 34 DLR (AD) 125; Md Ismail Vs. State, PLD 1969 (SC) 241; Mahmudul Hoque Vs. Shamsul Alam, 36 DLR (AD) 171; IRC Vs. Hinchy (1960) 1 ......iction) Present: Md. Bazlur Rahman J   Hassan Arif J Sheikh Shahadat Hossain (Md.)………………………Appellant Vs. National Board of Revenue and others................Respondents Judgment April 25......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522   ......ent April 25, 2013. Result: The Customs Appeal is allowed. Cases Referred to- Mohammed Zulfiqar Vs. Abul Kalam, 42 DLR (AD) 83; Superintendent and Legal Remembrance Vs. Zubed Ali, 26 DLR (AD) 1; Zamil Hoque Vs. Bangladesh, 34 DLR (AD) 125; Md Ismail Vs. State, PLD 1969 (SC) ..

Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2

Ranju Chandra Das Vs. Sree Radha Krishana Gour Netai Prova Jagabondhu Sundr Bigraha, 2013, 42 CLC (HCD)

....ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 117       ......ivision (Civil Revisional Jurisdiction) Present: Mohammad Ullah J Nozrul Islam Chowdhury J Ranju Chandra Das………………Petitioner Vs. Sree Radha Krishana Gour Netai Prova Jagabondhu Sundr Bigraha.........Opposite Party J......ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 117       ......rty Judgment April 18, 2013. Result: This rule is disposed of. Lawyers Involved: Md. Zakir Hossain, Advocate—For the Petitioner. Md. Tobarrak Hossain with Md. Ali Azam, Advocate—For the Opposite-Party. Civil Revision No. 1756 of 2012. Judgment..

Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2

Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)

....7 DLR 18. Lawyers Involved: N I Bhuiyan, Advocate-on-Record-For the appellants. Momtaz Uddin Fakir, Additional Attorney General Instructed by B. Hossain, Advocate-on-record- For the State, respondent No.2. Criminal Appeal No.04 of 2002. (From the judgment and order date......resent: Mohammad Anwarul Haque J Siddiqur Rahman Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Tajul Islam and others .........................Appellants Vs. Billal Hossain and another ...............Respondents Judgment April 16, 2013. ......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ..

Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8

Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)

....-D is liable to be declared to have been issued with­out lawful authority and is of no legal effect. 3. Mr. Ahsanul Karim, the learned Advocate appearing for the respondent No.5 submits that State Acquisition Act, 1951 has taken over all rent receiving interest in respect of Fisheries, Ferr......sion (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Mohammad Ullah J Bangladesh Inland Water Transport Au­thority (BIWTA).............Petitioner Vs. Bangladesh & others.............Respondents Judgment April 15, 2013. &nb......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ..

Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3

Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)

.... Court Division (Criminal Miscellaneous Jurisdiction) Present: M Enayetur Rahim J Akram Hossain Chowdhury J Iftekharul Karim (Md.)...................Petitioner Vs. State.......................................Opposite-Party Judgment April 4, 2013 Res...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: M Enayetur Rahim J Akram Hossain Chowdhury J Iftekharul Karim (Md.)...................Petitioner Vs. State.......................................Opposite-Party Judgment April 4, 2013......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211.         ......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211.         ..

Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4

Maku Rabi Das Vs. State, 2013, 42 CLC (AD)

....minal) Present: Nazmun Ara Sultana J Md. Imman Ali J Md. Anwarul Haque J Hasan Foez Siddique J Maku Rabi Das.......................Accused-Petitioner Vs. State...............................................Respondent Judgment April 3, 2013. ...... (Criminal) Present: Nazmun Ara Sultana J Md. Imman Ali J Md. Anwarul Haque J Hasan Foez Siddique J Maku Rabi Das.......................Accused-Petitioner Vs. State...............................................Respondent Judgment April 3, ...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ......65 DLR (AD) (2013) 240. ..

Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16

Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)

....harged. Cases Referred to- Anti-Corruption Commission Vs. Sheikh Hasina Wazed, 60 DLR (AD) 172; Anti-Corruption Commis­sion Vs. Enayetur Rahman 64 DLR (AD) 14; Habibur Rahman Mollah Vs. State, 61 DLR 1; Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir 62 DLR (AD) 290; 15 BLC 4......Court Division (Special Original Jurisdiction) Present: Md. Anwarul Haque J Md. Badruzzaman J Golam Nabi and another……………Petitioners Vs. Anti-Corruption Commis­sion and others……………Responden......e also kept in each writ petition, referred to above facil­itating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181   ......e also kept in each writ petition, referred to above facil­itating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181   ..

Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4

Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)

.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197     ...... Supreme Court High Court Division (Civil Revisional Jurisdiction Present: Soumendra Sarker J Dr. AH Ali Haider Qureshi .............Plaintiff-Opposite Party-Petitioner Vs. Dr. Ali Asker Qureshi..................Defendant-Petitioner-Opposite Party Judgment ...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197     ......e is also Reported in: 65 DLR (HCD) (2013) 197     ..

Category: Property Law | Date: 6 Mar, 2013 | Hits: 3

Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)

....mpliance with a mandatory pro­vision of law………………………………(24) Cases Referred to- Smith Vs. Secretary of State for Home Affairs [1969] 2 Ch. 149, 170; Council of Civil Service Union Vs. Minister for the Ci......late Division (Civil) Present: Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imraan Ali J Dhaka City Corporation ................Appellant Vs. Firoza Begum & others ..................Respondents Judgment March 6, 2013. ......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ...... Reported in: 65 DLR (AD) (2013) 145. ..

Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17