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Ibrahim Vs. State, 2014, 43 CLC (HCD)

.... the tate-Respondent. Criminal Appeal No. 413 of 2000. Judgment Syed Md. Ziaul Karim J.- By this appeal, convict appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 30-01-2000 passed by learned Judge of Nari-o-Shishu Nirjatan ......m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289   ..

Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17

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

.... with­in 3 (three) months from the date of receipt of the judgment without giving unnecessary adjourn­ment to any party. 11. With these observations the rule is made absolute without any order as to costs. 12. The parties are directed to maintain sta­tus-quo in respect of posit......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)

....1 Judgment Syed Md. Ziaul Karim J. — By this Rule, the State, represented by the Solicitor, Government of the Bangladesh as petitioner has challenged the legality and propriety of the order dated 20-8-1991 passed by learned Additional Sessions Judge, Fifth Court, and Special Judge, D......er. None appears—For the Opposite Parties. Criminal Revision No. 3544 of 1991 Judgment Syed Md. Ziaul Karim J. — By this Rule, the State, represented by the Solicitor, Government of the Bangladesh as petitioner has challenged the legality and propriety of the order da..

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

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

....awful authority and is of no legal effect, and why they shall not be directed to promote the petitioner to the post of Chief Engineer (PWD) on the basis of seniority and/or pass such other or further order or orders as to this Court may seem fit and proper. And pending hearing of the Rule, there was......vision (Special Original Jurisdiction) Present: Quazi Reza-ul-Hoque J ABM Altaff Hussain J AZM Tajul Islam...........................................Petitioner Vs. Government of Bangladesh and others.............Respondents Judgment April 3, 2014 Re..

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)

....y Giasuddin Ahmed, Advocate-on-Record—For Respondent Nos.1-7. None represented—Respondent Nos.8-9. Civil Petition for Leave to Appeal No.521 of 2010. (From the judgment and order dated 16-11-2009 passed by the High Court Division in Civil Revision No.3514 of 1998). Ju......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)

...............Respondents Judgment    March 13, 2014.   Result: The Rule is made 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 ......ial Original Jurisdiction) Present: M Moazzam Hussain J Md. Badruzzaman J       Rahima Begum...............................Petitioner Vs. Government of Banglades Represented by the Secretary, Ministry of Local Government and others.........

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

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

.... No.2 (In Criminal Appeal No.11 of 2005). None Represented—Respondent No.1. (In Criminal Appeal No.11 of 2005). Criminal Appeal Nos. 9, 11 and 12 of 2005. (From the judgment and order dated 21st of March, 2005 passed by the High Court Division in Contempt Petition No.118 of2004......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)

....xperience in both the feeder posts of the Assistant Headmaster/Headmistress and Assistant District Education Officer for one time within 2 (two) months from the date of the receipt of the copy of the order of this Hon'ble Court and /or such other or further order or orders passed as to this Cour......r post of Assistant District Education Officers who are similarly situated under the Bangladesh Civil Service Recruitment Rules, 1981 for promo­tion to the posts of Headmaster/Headmistress of the Government High Schools and District Education Officer, should not be declared to be ultra vires to ..

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

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

....e-on-Record—For the Petitioner. None Represented—For the Respondent. Criminal Petition for Leave to Appeal No. 243 of 2012. (At this instance of state is against an interim order of the High Court Division) Order Md. Muzammel Hossain CJ.- This petition at the ins......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. ..

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)

....ntry No.C-138590 dated 10-11-2011 and to duty in accordance with the relevant provision of Customs Duty Assessment (Determination of Value of Import Goods) Rules, 2000 following the judg­ment and order, dated 19-11-2012 passed by the High Court Division in writ petition No. 59 of 2012 shall not ...... 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)

....Advocate for the petitioner in Writ Petition No. 10166 of 2013 and Mr. M Ashraf Ali the learned Advocate for the petitioner in Writ Petition No. 3705 of 3013 co-jointly submits that from the impugned order (Annexure-F) it appears that the respondent Np.3 has suspended the peti­tioner exercising ......p;                                 Government of Bangladesh and others..........Respondents Judgment March, 2014. Result..

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

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

....90 of 2013, impugning, inter alia, the non inclusion of an agenda for election of directors in the 30 AGM of the respondent No. 1 bank, the Company Bench of the High Court Division, by a judgment and order dated 6-5-2013 the application with, inter alia, the following directions: i. The Bank sh......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       ..

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)

....l Islam Bhuiyan, Advocate-on-Record—For Respondent No.3. Not represented—Respondent Nos. 1 and 2. Civil Petition for Leave to Appeal No.1827 of 2009. (From the judgment and order dated 24-5-2009 passed by the High Court Division in Civil Revision No.3987 of 2008). Jud...... 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. ..

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)

....wdhury Md. Zahangir, Advocate-on-Record—For Respondent No.4. None represented—For Respondent Nos.1-3 & 5. Civil Petition for Leave to Appeal No. 2125 of 2010. (From the order dated the 18th day of July, 2010 and the 18th day of August, 2010 passed by the High Court Div...... Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Moklesur Rahman (Md.) and another....................Petitioners Vs. Government of Bangladesh and oth­ers................Respondents Judgment   &..

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 of the applica­tion instantaneously by enlarging the accused on a limited bail, not normally exceeding four weeks, without issuing any Rule. It must be conspicuously stated in the bail granting order that in the event of any filance of bail application, the Court below will consider the same u......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. ..

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)

....lant. SM Moniruzzaman, Deputy Attorney-General, Instructed by Madhumaloti Chowdhury Barua, Advocate-on Record—For Respondents. Civil Appeal No.177 of 2002. (From the judgment and order dated 5-2-2001 passed by the High Court Division in Writ Petition No. 3525 of 1998). Judg......in existence. (Ill) The High Court Division acted illegally in holding that proviso to the explanation of Rule 3(3) is ultra vires to the VAT Act as none of the parties ever raised such issue nor the Government can consent that its own Rule is ultra vires and moreso when made under sec­tion 72 o..

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

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

....dash;For the Appellant. Murad Reza Additional Attorney-General instructed by B Hossain, Advocate-on-Record—For the Respondents. Civil Appeal No.40 of 2002. (From the judgment and order dated 19th of March, 1998 passed by the High Court Division in Writ Petition No.561 of 1989) ...... of the abandoned buildings published in the Bangladesh Gazette (Extraordinary) dated 23 September, 1986 as per provision of section 5(1) (b) of the Ordinance, was leased out for Taka 600 by the then Government of East Pakistan on 10-2-1956 to one Kulsum Bibi wife of Abdur Rahman, a refugee. It was ..

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

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

....য়াছে যাহা নিম্নরূপ; (I) whether the Taxes Appellate Tribunal, Chittagong Bench, chittagong is legally justified for whimsically partly confirming the first appeal order passed by the Appellate Additional Commissioner of Taxes of the Appellate Range-2, Chittagong ......া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)

....n-Record—For Respondent No.5 (as added respondent) None represented—For Respondent Nos.1-2 & 4. Civil Petition for Leave to Appeal No.385 of 2011 (From the judgment and order dated the 2 day of December, 2010 passed by the High Court Division in Writ Petition No.2488 o...... 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. ..

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

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

....t No.1. (In Civil Petition No.2081 of 10). None represented—Respondent No.2. (In both the cases) Civil Petition for Leave to Appeal Nos. 2080-2081 of 2010. (From the judgment and order dated 26-4-2010 passed by the High Court Division in First Appeal No.322 of 2003 and First App......ellip;.... (28) Cases Referred to- Attorney-General Vs. HR H. Prince Earnest Gugustus of Hanover (1957) All ER 49; Amin Jute Mills Vs. Bangladesh 29 DLR (SC) 85; Anwar Hossain Chowdhury Vs. Government of Bangladesh, 41 DLR (AD) 165; Sreemoti Indira Gandhi Vs. Rajnarain, AIR 1975 (SC) 2299;..

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