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Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....Unless cognizance is taken, the FIR named suspected persons are not accused before the court in the eye of law. Non-existent case can not be quashed When no criminal case exists before the date of taking congnizance, the question of quashing such a non-existent criminal case by invoking s......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
....nder Section 526 of the Code of Criminal Procedure was issued calling upon the opposite-party to show cause as to why the Sessions Case No.414 of 2005 arising out of Tejgaon Police Station Case No.41 dated 11-11-2002 under Sections 395/397 of the Penal Code, now pending in the Court of Special Sessi...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....ngir, Advocate-on-Record—For the Respondent No. 1. Not Represented—Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.1816 of 2010. (From the Judgment and order dated 13-11-2008 passed by the High Court Division in Writ Petition No.6488 of 2008). Judgment ......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e's Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned Memo No.বাজাবস/নথি-১/২০১২/কানিপানি/১৫/১২ dated 16-5-2012 (Annexure-I) issued by the respondent No.3 should not be declared to have been passe......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
....in specified time limit. 5. In both the rules petitioners were directed to file a Review Application under Rule 23 of the Pre-Shipment Inspection Rules, 2002 within 21 working days from the date of release of the goods. 6. The law is very much clear on the point in respect of Rule 23 ...... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ..Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....;For the Appellant. SM Rezaul Karim, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondents. Civil Appeal No.12 of 2010 (From the judgment and order dated 3-11-2008 passed by the High Court Division in Writ Petition No.2919 of 2006) Judgment ......ave been the legitimate expectation of the claimant. A bona fide decision of the public authority reached in this manner would satisfy the requirement of non-arbitrariness and withstand judicial scrutiny. The doctrine of legitimate expectation gets assimilated in the rule of law and operates in..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....Respondent. Ex-Parties- For the Respondent No.2. Civil Appeal No. 323 of 2008. Judgment Md. Muzammel Hossain CJ. - This appeal by leave is directed against the judgment and order dated 20.03.2006 passed by a Division Bench of the High Court Division in First Miscellaneous Appeal...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....djudication, issued on 17.10.2012 was in following terms: “Let a Rule be issued calling upon the opposite party to show cause as to why the proceedings of Ramna Police Station Case No. 22 dated 10.07.2008 corresponding to G. R. No. 359/2008 under section 26(2) and 27(1) of the Anti Corru......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....thorough scrutiny of the relevant laws is needed for which I am inclined to issue Rule. 4.Hence, Let a Rule be issued calling upon the opposite-parties to show cause as to why the impugned order dated 18-10-2012 passed by the learned Special Judge, Court No. 3, Dhaka, in Special Case No. 17 of ......such sanction of the Government. 3. In the aforesaid backdrop of the case and to arrive at a conclusive decision with regard to the questions mentioned above, I am of the opinion that a thorough scrutiny of the relevant laws is needed for which I am inclined to issue Rule. 4.Hence, Let a R..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....i Md. Wahidullah, Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Criminal Petition for Leave to Appeal No. 88 of 2010. (From the judgment and order dated the 11th day of October, 2009 passed by the High Court Division in Criminal Miscellaneous No.......m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....l Haq, Senior Advocate instructed by Md. Habibur Rahman Miah, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No.1953 of 2012. (From the judgment and order dated the 5th day of June, 2012 passed by the High Court Division in Writ Petition Nos.8556 with 892......re two alternative methods. Pursuant to an application filed by the parents and guardians of the English medium students, the Director-General of Health Services, the concerned authority, upon proper scrutiny of the same, responded with due alacrity. After receiving the legal notice, the respondent ..Category: Others | Date: 22 Nov, 2012 | Hits: 20
MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
.... M Enayetur Rahim J. - Supplementary affidavit filed today do form part of the main application. 2. This is an application filed by the accused-petitioner for re-calling the Judgment and order dated 4-7-2012 passed by a Division Bench of this Court discharging the Rule. 3. At the instanc......ded by this Code or by any other law for the time being in force no Court when it has signed its judgment shall alter or review the same, except to correct a clerical error. 13. On careful scrutiny of the above provision of law it is clear that this section clearly bars alteration of..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....f 2010. Judgment Md. AshfaquI Islam J. - At the instance of the petitioner, Md Azizur Rahman, this Rule Nisi was issued calling upon the respondents to show cause as to why the Order No. 19 dated 9-9-2009 (Annexure-D-2) issued by the Joint District Judge and Artha Rin Adalat, 1st Court, Je......order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....us Samad Azad, Advocate—For the respondent No.1. First Miscellaneous Appeal No. 165 of 2011. Judgment Sheikh Abdul Awal J.- This appeal is directed against the judgment and order dated 28-5-2005 passed by the learned Joint District Judge, 2nd Court (in-charge), Gazipur in Miscel...... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
.... Humayun, Senior Advocate, Fazlee-nor-Tapash, Advocate, instructed by Zahirul Islam, Advocate-on-Record—For the Respondent. Criminal Appeal No.20 of 2005. (From the judgment and order dated 15-6-2005 passed by the High Court Division in Criminal Appeal No.3850 of 2003) Judgment......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....sain Humayun, Senior Advocate, Fazlee-nor-Tapash, Advocate) instructed by Zahirul Islam, Advocate-on-Record- For the Respondent. Criminal Appeal No.20 of 2005 (From the judgment and order dated 15.6.2005 passed by the High Court Division in Criminal Appeal No.3850 of 2003) Judgment...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....pondents (In Civil Petition No.2198 of 2011) Civil Petition for Leave to Appeal No.2199 of 2011. With Civil Petition Nos.1671-1672 and 2198 of 2011. (From the judgment and order dated the 10th day of February, 2011 passed by the High Court Division in First Appeal No.357 of 200......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....Negotiable Instruments Act, 1881 [XXVI of 1881]; Section 138 The cheque was dishonored for insufficient fund; and legal notice was issued and served on 7-9-2009 and within next 30 days from the date of cause of action, the case was filed on 7-10-2009. The question of prematurity does not arise......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ..Category: Others | Date: 11 Nov, 2012 | Hits: 8
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Civil Revision No. 4890 of 2010
Judgment
Soumendra Sarker J.- This Rule have been issued calling upon the opposite party No.1to show cause as to why the impugned judgment and decree dated 07.07.2010 and 12.07.2010 respectively passed by the learned Special District Judge and Judge,......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
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Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....ng upon the pposite-parties to show cause as to why the impugned proceedings of Special Case No. 23 of 2007 arising out of ACC GR No. 25 of 2007 corresponding to Motijheel Police Station Case No. 140 dated 29-3-2007 under sections 409/109 of the Penal Code read with section 5(2) of the Preventi......d-petitioner has not been mentioned in the FIR, but his prima facie involvement has been disclosed in the charge-sheet submitted by the investigating officer duly empowered by the commission. On scrutiny of the charge-sheet, the specific allegation of abetment against the petitioner has been pr..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
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