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Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)

....ot be resurrected, though de-novo process could be, but was not, initiated. 43. Although in view of our above finding there is no need to proceed further, we are, nevertheless inclined, for the interest of totality, to address the residual aspect of Mr. Islam’s submission. 44. Acco...... (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Farid Ahmed J Syeda Sajeda Chowdhury……………Petitioner Vs. The State………………….......................Respondents ..

Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77

Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)

....ceeding is unwarranted 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) 41 ...... High Court Division (Criminal Revisional Jurisdiction) Present: Abdul Awal J Md. Faruque J Giasuddin-al-Mamun.............................Accused-petitioner Vs. State and another…………….....................Opposite-parties ..

Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5

Jamila Khatun Vs. State, 2012, 41 CLC (AD)

....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. ......Hossain CJ  Md. A Wahhab Miah J Md. Imman Ali J Nazmun Ara Sultana J Syed Mahmud Hossain J Jamila Khatun.......................Petitioner Vs. State...................................Respondent Judgment   November 26, 2012...

Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9

Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)

....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......late Division (Civil) Present: Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Rahmat Ali alias Shukkur....................Petitioner Vs The State.…………………………..............Respondent Judgment November 26, 2012. ..

Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145

Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)

....n of the learned Attorney-General that the writ-petitioners had no locus standi to file the writ petition as they were not personally aggrieved hold­ing that "the petitioners have sufficient interest and are aggrieved by the actions of the respondents." In taking the said view the High...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ..

Category: Others | Date: 22 Nov, 2012 | Hits: 20

MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)

....conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ......ision (Criminal Miscellaneous Jurisdiction) Present: M Enayetur Rahim J Md. Akram Hossain Chowdhury J MA Motaleb Bhuiyan.....................Accused-Petitioner Vs. State and another…………………………&he..

Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2

Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)

....nted by the Manager, Manasa Bazar Branch, Bagerhat as plaintiff instituted Artha Rin Case No.23 of 2001 before Artha Rin Adalat No.1, Bagerhat for recovery of its dues amounting to Taka 1,17,176 with interest on the averments that Gokul Chandra Roy availed of loan from Rupali Bank Limited, Monsa Baz...... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ..

Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7

Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)

.... of that plot appertaining to another Khatian a co-sharer tenant can file a pre­emption case under section 24 of the Non-Agricultural Tenancy Act notwithstanding the fact that he does not have any interest in that khatian. The words "one or more co-sharer tenants of such land" occurring in sect......€¦â€¦â€¦â€¦â€¦Respondents Judgment November 21, 2012. Result: The appeal is allowed. The Non-Agricultural Tenancy Act, 1949 (Act No. XXIII of 1949); section 24 The State Acqui­sition and Tenancy Act, 1950 (East Bengal Act No. XXVIII of 1951); section 96 ..

Category: Property Law | Date: 21 Nov, 2012 | Hits: 27

Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....situation a Division Bench observed:— "On going to the materials on record it transpires that the bank instituted Artha Rin Suit No. 67 of 2005 for realization of Taka 25, 06,408 with interest against the defendant. The suit was decreed ex-parte on 18-9-2005, the bank then put the de......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

Khorshed and another Vs. State, 2012, 41 CLC (HCD)

....the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241         ......te Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Shawkat Hossain J Khorshed and another………………Condemned-Appellants Vs. State………………….....................................Re..

Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8

Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)

.... the Court when the appeal was called on for hearing. 22. Another plank of attack made by Mr. MA Hannan, the learned Advocate for the respondent No.1 that the present appellant has no subsisting interest in the case land as she transferred the case land by executing a Ewaz Deed on 29-01-2009 an......ion of the appeal. 2. The relevant facts leading to the filing of the above Appeal are that the appellant as pre-emptor filed Pre-emption Miscellaneous case No.75 of 1996 under section 96 of the State Acquisition and Tenancy Act on the allegation that the opposite-party No. 3 is a co-sharer by ..

Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2

State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)

....used voluntarily is evidence against him of the facts stated. The ground of reception of voluntary confession is usually said to be the presumption that no person will make a statement against his interest unless it is true; at all events, such confession may reasonably be taken to be true as ag...... Supreme Court Appellate Division (Criminal) Present: Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J   Md. Imman Ali J State.......................................Appellant Vs. Kazi Mahbub-uddin Ahmed........

Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21

State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)

....used voluntarily is evidence against him of the facts stated. The ground of reception of voluntary confession is usually said to be the presumption that no person will make a statement against his interest unless it is true; at all events, such confession may reasonably be taken to be true as ag...... Appellate Division (Criminal) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J The State.............................Appellant Vs. Kazi Mahbubuddin Ahmed ....................

Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11

Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)

.... 10. Defendant Nos.5-8 (RAJUK and its offi­cials) in their written statement contended, inter alia, that the suit plot was allotted to Engineer Shamsul Kabir Humayun Reza, the predecessor-in-interest of the plaintiffs by the then DIT and after he paid the installments against the plot, pos&......hellip;……Respondents (In Civil Petition No.2199 of 2011) Judgment November 12, 2012. Result: The petitions are dismissed. Cases Referred to- Ali Haider Vs. State, 10 DLR (SC) 193; Allah Ditta Vs. State, 11 DLR (SC) 38; Chainchal Singh Vs. Emperor, AIR 1946..

Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37

Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)

....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.   ......ite-party No.1. Zahirul Hoque Zahir, Deputy Attorney General with Md. Jashim Uddin, Assistant Attorney General and Shah Abdul Hatem, Assistant Attorney General—For the Opposite-party No.2 (State) Criminal Revision No.391 of 2011. Judgment Khondker Musa Khaled J. - On an app..

Category: Others | Date: 11 Nov, 2012 | Hits: 8

Md. Mosharraf Ali Khan and others Vs. Assistant General Manager, Principal Office, Sonali Bank, Barisal of Bagura Road, Barisal City, District-Barisal and others, 2012, 41 CLC (HCD)

....rts bellow during disposal of the suit as well as the appeal failed to consider that according to law any one of the plaintiffs is entitled to depose on behalf of all the plaintiffs in case of common interest as the instant case be. The learned appellate Court committed further error of law in not c......he Court       concerned immediately for information and necessary action. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 51.     ..

Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4

Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)

.... 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) 116.       ......rt Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Ali Haider Chowdhury .................Petitioner Vs. State and another…………………...Opposite Party Judg..

Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7

Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)

..... Khan Ziaur Rahman, Advocate-for the Respondent Nos. 5 and 8. Writ Petition No.14465 of 2012. Judgment Naima Haider J.- This writ petition designed and styled as a public interest litigation has been filed by an Advocate and a human rights activist who is the Member of......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10

Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ..

Category: Property Law | Date: 7 Nov, 2012 | Hits: 8

Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)

....ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......s. Md. Obaidul Karim and another................Respondents Judgment November 4, 2012. Result: The leave is granted. Case Referred to- Habibur Rahman Mollah Vs. the State, 62 DLR (AD) 233. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by ..

Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611