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

....e some 10/12 persons made an unlawful assembly on the road carrying a banner of the banned organization namely 'Hijbul Tahrir' and also chanted slogan to establish 'Khilafat State' in Bangladesh and to topple the present Government; the informant party chasing the said persons arrest...... 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.         ...........Petitioner Vs. State.......................................Opposite-Party Judgment April 4, 2013 Result: The Rule is disposed of. Cases Referred to- Sayed Ahmed Vs. the State, 10 DLR (SC) 12; State of Goa Vs. Babu Thomas, (2005) 8 SCC 130; Baij Nath Prash..

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

ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)

...., Advocate—For the Respondent. Writ Petition No.5799 of 2008 Judgment Farah Mahbub J.— In this Rule, issued under Article 102 of the Constitution of the Peoples Republic of Bangladesh, the respondents have been called upon to show cause as to why the pro­ceedings of Do......37 ......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ..

Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4

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

....Petition No. 7275 of 2008, Writ Petition No. 7276 of 2008, Writ Petition No. 7277 of 2008, Writ Petition No. 7278 of 2008 and Writ Petition No. 7336 of 2008 sent by his Lordship, the Chief Justice of Bangladesh for disposal are taken together for analogous hearing as the matter involved in those Wri......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)

....haka and the learned Court decreed the suit in favour of the plaintiff. Subsequently; that decree was set-aside by this Court and ultimately the Hon'ble Appellate Division of the Supreme Court of Bangladesh affirmed the judgment and order and set-aside the judgment of the trial Court. By fur­...... 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     ...... 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     ..

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

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

....ject" in the service of DCC under revenue budget as per the decision of Executive Committee of National Economic Council (ECNEC) dated 3-1-2008. The Joint Chief, Planning Division, Government of Bangladesh, vide his letter dated 10th January, 2008 requested all concerned including the Chief Exe......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. ......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. ..

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

State Vs. Romana Begum alias Noma, 2013, 42 CLC AD

....er section 302 of the Penal Code and upon conviction sentenced her to death. 8. The Additional Sessions Judge, Fifth Court, Dhaka forwarded the Reference to the Registrar of the Supreme Court of Bangladesh under section 374 of the Code of Criminal Procedure for confirmation of death sentence. T...... Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J State...............................Appellant Vs. Romana Begum alias Noma…………………….Res......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ..

Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5

Sayeda Kamrun Jahan Chowdhury Vs. Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittegong and others, 2013, 42 CLC (HCD)

.... Judge, Artha Rin Adalat No. 4, Dhaka passed in Writ Petition No. 8549 of 2005; Antibiotic Stores Vs. Subordinate Judge and Artha Rin Adalat, 55 DLR (AD) 13 = 8 BLD (AD) 8; Sarder Jan-e-Alam Vs. Arab Bangladesh Bank Ltd., 4 BLC (AD) 178. Lawyers Involved: Lokman Karim and Md. Raflqul Islam......urt High Court Division (Special Original Jurisdiction) Present: Md. Anwarul Haque J Md. Badrzzaman J Sayeda Kamrun Jahan Chowdhury.....................Petitioner Vs. Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittaong and ot......sts. Let the copy of the judgment and order be sent to all concerned for information and neces­sary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 146   ......sts. Let the copy of the judgment and order be sent to all concerned for information and neces­sary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 146   ..

Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3

Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)

....e Penal Code and section 5 (2) of the Prevention of Corruption Act (Act No. II of 1947) was started alleging, inter alia, that in the financial year of 1995-1996 a proposal for purchase a Frigate for Bangladesh Navy with necessary specifications was sent to the Director General of Defence Purchase (......-34)……Accused petitioner (In Criminal Misc. No.6339 of 2004) Commodore A.K.M. Azad (Retd.)…………Accused petitioner (In Criminal Misc.No.3987 of 2004) Vs. The State…………………………&h......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82

Badsha Mia Vs. State, 2013, 42 CLC (HCD)

....e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189   ......qur Rahman Miah J SH Md. Nurul Huda Jaigirdar J Badsha Mia……………………………………..Petitioners Vs. State…………………………&helli......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189   ......out the principal offender of such offence………(10) Cases Referred to- Habibur Rahman Mollah (Ex-Member of parlia­ment) Vs. State, 62 DLR (AD) 233; Md. Musa Vs. Kabir Ahmed, 9 BLD (AD) 118 = 41 DLR (AD) 151; Md. Islam Vs. Amal Chandra Mondal, 13 BLD (AD) 28 = 45 DLR ..

Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4

Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)

....that the defendant would execute and register a sale deed within 6 (six) months from the date of execution of the agreement on receipt of the balance consideration after obtaining permission from the Bangladesh House Building Finance Corporation (HBFC) with whom the property was mortgaged but the de...... Surendra Kumar Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Amir Hossain Sowdagar................................Appellant Vs. Md. Harunur Rashid and others......................Respondents Judgment February ......ismissed. The appeal is dismissed with the above mod­ification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......ismissed. The appeal is dismissed with the above mod­ification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ..

Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42

Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corpora­tion and others, 2013, 42 CLC (AD)

.... Md. Muzammel Hossain CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Rana Kaiser Siddiq..................Petitioner Vs. Bangladesh Chemical Industries Corpora­tion and others………Respondents J......esent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Rana Kaiser Siddiq..................Petitioner Vs. Bangladesh Chemical Industries Corpora­tion and others………Responden......acts 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) 31,18 MLR (AD) (2013) 161. ......acts 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) 31,18 MLR (AD) (2013) 161. ..

Category: Others | Date: 14 Feb, 2013 | Hits: 10

Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)

.... Court Division (Civil Revisional Jurisdiction) Present: Soumendra Sarker J Shamir Chandra Sajwal and others.........Plaintiff-Respondent-Petitioners Vs. Government of Bangladesh..................Defendant-Appellant Opposite party Judgment  February 13......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Soumendra Sarker J Shamir Chandra Sajwal and others.........Plaintiff-Respondent-Petitioners Vs. Government of Bangladesh..................Defendant-Appellant Opposite party Judgment&......no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386.   ......ntamounts to admission from the side of the defendant. Cases Referred to- Abdur Rashid Vs. Afzal Gazi, 16 MLR (AD) 4; Zar Jan Vs. Najmun Nisa, PLD 1969 Peshawar 118; Nur Mohammad Vs. Sultan Ahmed, 40 DLR 369. Lawyers Involved: Topan Kumar Chakraborty with Swapan Kumar Dutta, Advo..

Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8

AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Mohammad Ullah J AKM Mahtabul Islam .......................Petitioner Vs. Bangladesh and others ....................Respondents Judgment January 30, 2013. Resu...... Court High Court Division (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Mohammad Ullah J AKM Mahtabul Islam .......................Petitioner Vs. Bangladesh and others ....................Respondents Judgment January 30, 2013. ......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in:  65 DLR (HCD) (2013) 539     ......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in:  65 DLR (HCD) (2013) 539     ..

Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3

Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)

..... State and another..........................Opposite-Parties Judgment January 24, 2013. Result: The Rule is discharged. Cases Referred to- People's Republic of Bangladesh Vs. Shahadat Hossain, 16 BLT (AD) 183, Mustafizur Rahman Vs. DG Anti-Corruption, 49 DLR 5......al Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Abdullah-al-Noman……………...............Petitioner Vs. State and another..........................Opposite-Parties Judgment January 24, ...... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ......LT (AD) 183, Mustafizur Rahman Vs. DG Anti-Corruption, 49 DLR 599, Saidur Rahman Vs. State, 54 DLR 489; Ali Akkas Vs. Enayet Hossain 17 BLD (AD) 44 = 2 BLC (AD) 16; Nasiruddin Mahmud Vs. Momtaz-uddin Ahmed, 36 DLR (AD) 14 and Abdul Haque Vs. State, 60 DLR (AD) 1. Lawyers Involved: Rafique-..

Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8

Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)

....15, 18 & 19) Cases Referred to- M Sahabuddin Vs. State, 11 BLC (AD) 206; Ali Akkas Vs. Enayat Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38 ; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69. Lawyers Involved: Moudud Ahmed with Hahibur......urt Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Mohidul Islam (Ripon)(Md.)....................Petitioner Vs. State and another………………………&h......case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108.   ......206; Ali Akkas Vs. Enayat Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38 ; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69. Lawyers Involved: Moudud Ahmed with Hahibur Rahman and Dewan Sharifudin, Advocates—For the Petitioner. Sheikh Habi..

Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3

Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)

....……………...........Opposite-parties Judgment January 17, 2013. Result: The application is rejected. Cases Referred to- Tarique Rahman Vs. Bangladesh, 63 DLR (AD) 18;Pirjada Syed Shariatullah Vs. Government of Bangladesh, 61 DLR 64714 BLD ......   ......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50.   ......C); Directorate of Enforcement Vs. Dipok Mahajon, (1994), 3(SCC) 440; State (Union of India) Vs. Ram Saran,(2003) 12 SCC 578; CP No. 10 of 2001, CRP No. 32 of 2011. Lawyers Involved: Moudud Ahmed, Senior Advocate with AM Mahbub Uddin, Advocate and AKM Ehsanur Rahman, Advocate —For th..

Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11

Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....gh Court Division (Special Original Jurisdiction) Present: Shamim Hasnain J Md. Ruhul Quddus J Md. Sadek Ali……………………….....Petitioner Vs. Government of Bangladesh and others…...Respondents Judgment January 13, 2013. Result: The Ru......Supreme Court High Court Division (Special Original Jurisdiction) Present: Shamim Hasnain J Md. Ruhul Quddus J Md. Sadek Ali……………………….....Petitioner Vs. Government of Bangladesh and others…...Respondents Judgment January 13, 2013. ......s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ..

Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101

Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013

....an Foez Siddique J ABM Altaf Hossain J Mir Sharafat Ali………………………………Petitioner Vs. Govemment of Bangladesh and others…………Respondents Judgment January 10, 2013...... Present: Hasan Foez Siddique J ABM Altaf Hossain J Mir Sharafat Ali………………………………Petitioner Vs. Govemment of Bangladesh and others…………Respondents Judgment......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ..

Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2

Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)

....ld major shares in the company; it has 12 Tea Estates having 10,949.58 hectares of land, out of which more than 50% area is under tea plantation. NTC is one of the major tea producing com­pany in Bangladesh, annual average pro­duction of tea being about 5.20 million kgs; that the 33rd Annual......D) (2013)110. ......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ..

Category: Company Law | Date: 9 Jan, 2013 | Hits: 13

Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)

.... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230     ......vision (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Abul Khair Chandu .................................Petitioners Vs. State and another.................................Opposite-parties Judgment Janua...... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230     ..............Opposite-parties Judgment January 7, 2013. Result: The Rule may be made absolute. Cases Referred to- Aminur Rahman (Md) Vs.State 8 BLC 518; Khondaker Mahtabuddin Ahmed Vs.State, 49 DLR (AD). Lawyers Involved: Md. Hasan Arif, with Farid Ahmed—For ..

Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2