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

....aran, 12 SCC 578. Lawyers Involved: Moudud Ahmed, Senior Advocate with AM Mahbub Uddin, AKM Ehsanur Rahman—For the Petitioner. Mahbubey Alam, Attorney-General, with Monjur Kader, Deputy Attorney-General Md.Monowar Hossain Khan, Deputy Attorney-General Bilkis Fatema (Jeeblu), Ass......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 ...... Court Division (Criminal Revisional Jurisdiction) Present: Abdul Awal J Md. Faruque J Giasuddin-al-Mamun.............................Accused-petitioner Vs. State and another…………….....................Opposite-parties Judgme......SCC) 440 and State Vs. Ram Saran, 12 SCC 578. Lawyers Involved: Moudud Ahmed, Senior Advocate with AM Mahbub Uddin, AKM Ehsanur Rahman—For the Petitioner. Mahbubey Alam, Attorney-General, with Monjur Kader, Deputy Attorney-General Md.Monowar Hossain Khan, Deputy Attorney-General..

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

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

....- State Vs. Tasiruddin, 13 DLR 203; Nalu Vs. State reported in 1 Apex Law Report’s (AD) 222. Lawyers Involved: Helal Uddin Mollah, Advocate- For the Petitioner. Md. Shohrowardi, Deputy Attorney General- For Respondents. Jail Petition No.15 of 2010. (From the judgment......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: ...... Lawyers Involved: Helal Uddin Mollah, Advocate- For the Petitioner. Md. Shohrowardi, Deputy Attorney General- For Respondents. Jail Petition No.15 of 2010. (From the judgment and order dated 30thOctober, 2007 passed by the High Court Division in Death Reference No.74 of 2004...... Tasiruddin, 13 DLR 203; Nalu Vs. State reported in 1 Apex Law Report’s (AD) 222. Lawyers Involved: Helal Uddin Mollah, Advocate- For the Petitioner. Md. Shohrowardi, Deputy Attorney General- For Respondents. Jail Petition No.15 of 2010. (From the judgment and order dated..

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

Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....5) Cases Referred to- Barium Chemicals Vs. CL Board, AIR 1967 SC 295. Lawyers Involved: Abdul Matin Khasru with Pankaj Kumar Kunda, Advocate-For the Petitioners. Biswajit Roy Deputy Attorney General with Amatul Karim Assistant Attorney General Advocates—For the Respond......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ...... Hasan Foez Siddfque J ABM Altaf Hossain J  Fazlul Haque (Md.)…………………………Petitioners Vs. Bangladesh and others..................Respondents Judgment November 22, 2012. Result: The ......ferred to- Barium Chemicals Vs. CL Board, AIR 1967 SC 295. Lawyers Involved: Abdul Matin Khasru with Pankaj Kumar Kunda, Advocate-For the Petitioners. Biswajit Roy Deputy Attorney General with Amatul Karim Assistant Attorney General Advocates—For the Respondents. Writ ..

Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5

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

.... 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. ...... 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. ...... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh & others .............Petitioners Vs. Md. Ghulam Mustafa and others…………....Respondents Judgment November 22, 2012. ......4; Dr. Mohiuddin Farque Vs. Bangladesh, 49 DLR (AD) 1; Ekushe Television Vs. Bangladesh, 54 DLR (AD) 130; Brae Bank Vs. Bangladesh, 54 DLR (AD) 34. Lawyers Involved: Mahbubey Alam, Attorney-General instructed by B Hossain, Advocate-on-Record—For the Petitioners. Muzammel Haq, Se..

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

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

....uch it can not be said that it is a legal judgment and thereby, there is no bar to re-call the signed judgment and order and to re-hear the Rule. 6. On the other hand, Mr. MH Sarder, the learned Deputy Attorney-General opposed the application for re-hearing of the Rule. 7. We have heard th......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. ...... (Criminal Miscellaneous Jurisdiction) Present: M Enayetur Rahim J Md. Akram Hossain Chowdhury J MA Motaleb Bhuiyan.....................Accused-Petitioner Vs. State and another……………………………&...... Abdul Baset Mojumder, Advocate with Khandaker Mahbub Hossain, Advocate and Sk Mohammad Ali, Advocate—For the Petitioner. MH Sarder, DAG with Gazi Md. Mamunur Rashid, Assistant Attorney-General Md. Asaduzzaman, Assistant Attorney-General—For the State. Criminal Miscellaneous..

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

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

....4 MLR 480; Mohiuddin (Sk) Vs. Joint District Judge, Artha Rin Adalat No.3, Dhaka, 13 MLR (AD) 356. Lawyers Involved: Md. Sohel Rana, Advocate—For the Petitioner. SM Moniruzzaman, Deputy Attorney-General with Pratikar Chakma, Assistant Attorney-General— For the Respondents.......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. ......urt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Azizur Rahman (Md.).........................Petitioner Vs. Bangladesh and others... .............Respondents Judgment November 20, 2012. Result: The R......ddin (Sk) Vs. Joint District Judge, Artha Rin Adalat No.3, Dhaka, 13 MLR (AD) 356. Lawyers Involved: Md. Sohel Rana, Advocate—For the Petitioner. SM Moniruzzaman, Deputy Attorney-General with Pratikar Chakma, Assistant Attorney-General— For the Respondents. Writ Petit..

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

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

....7). Md. Bahar Uddin Al-Razi, Advocate appointed by the National Legal Aid Committee, Dhaka, Bangladesh— For the condemned-appellant (In Jail Appeal No.303 of 2007). Md. Khurshed Alam, Deputy Attorney-General with Delowar Hossain Somadder, Assistant Attorney-General and Mahmuda Parvee......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         ......bsp;     ......ar Uddin Al-Razi, Advocate appointed by the National Legal Aid Committee, Dhaka, Bangladesh— For the condemned-appellant (In Jail Appeal No.303 of 2007). Md. Khurshed Alam, Deputy Attorney-General with Delowar Hossain Somadder, Assistant Attorney-General and Mahmuda Parveen, Assistant Att..

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

Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)

....D) Ltd 64 DLR (AD) 100. Lawyers Involved: Masud R Sobhan with Fatema S Chowdhury, Mohammad Jamal Hossain and Raghib Rouf Chowdhury, Advocates—For the Petitioner. SM Moniruzzaman, Deputy Attorney-General with Pratikar Chakma, Assistant Attorney-General—For the Respondents ......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77.   ......cial Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Amirul Islam (Md.).....................................Petitioner Vs. Commissioner of Customs and others............Respondents Judgment November 19, 2012. Result: The Rule i......D) 100. Lawyers Involved: Masud R Sobhan with Fatema S Chowdhury, Mohammad Jamal Hossain and Raghib Rouf Chowdhury, Advocates—For the Petitioner. SM Moniruzzaman, Deputy Attorney-General with Pratikar Chakma, Assistant Attorney-General—For the Respondents Writ Petitio..

Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6

Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....vernment and Local Authority Lands and Buildings (Recovery of  Possession) Ordinance, 1970 (Ordinance 24 of 1970) issued by the Senior Assistant Commissioner, Vested Property Cell, Office of the Deputy Commissioner, Dhaka asking the petitioner and two others to handover a piece of land after re......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......n   (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Maleka Khatun………..................Petitioner Vs. Bangladesh and others ………...Respondents Judgment November 18, 2012. Result: The Rule ......hin the scope of Ordinance 24 of 1970……………………………….(12) Lawyers Involved: Md. Zakir Hossain, Advocate-for the petitioner S M Quamrul Hasan, Assistant Attorney General (with leave of the Court)- for the respondents. Writ Petition No. 8854 of 2011. Ju..

Category: Property Law | Date: 18 Nov, 2012 | Hits: 133

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

....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. ......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. ......esumption 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 against himself. A con­fession duly made and satisfactorily proved is, in general, sufficient to warrant a conviction without corroboration......h Vs. State of Punjab, AIR 1956,SC 460; State of UP Vs. Sughar Singh, AIR 1978 SC 191; State of Uttar Pradesh Vs. Ram Kishun, AIR 1976 SC 2304. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by B Hossain, Advocate-on-Record—For the Appellant. Khandker Mahbub Hos..

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

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

.... 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....... 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......................Appellant Vs. Kazi Mahbubuddin Ahmed .....................Respondent Judgment November 14, 2012. Result: The appeal is dismissed. Confession and second confession A confession is an admission made at any time by a person charged with ......gh Vs. State of Punjab, AIR 1956,SC 460; State of U.P. Vs. Sughar Singh, AIR 1978 SC 191;State of Uttar Pradesh Vs. Ram. Kishun, AIR 1976 SC 2304. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellant. Khandker Mahbub Hossa..

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

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

....s principal defendant No.1 and one Mr. Akhtaruzzaman, Director Eastern Housing Limited as principal defendant No.2, the Chairman, RAJUK and the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka as pro-forma defendant Nos.3 and 4 (although in law there is nothing as p......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. ...... Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shamsul Kabir Humayun Reza………………Petitioner Vs. Anwarul Hasan and Others……………………Respondents (In Civil Peti......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)

....ity to give such direction…......(7) Lawyers Involved: Md. Ali Khan, Advocate-For the Petitioner Md. Ali Zinah, Advocate—For Opposite-party No.1. Zahirul Hoque Zahir, Deputy Attorney General with Md. Jashim Uddin, Assistant Attorney General and Shah Abdul Hatem, Assi......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.   ...... Judgment November 11, 2012. Result: The Rule is discharged. 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...... direction…......(7) Lawyers Involved: Md. Ali Khan, Advocate-For the Petitioner Md. Ali Zinah, Advocate—For Opposite-party No.1. Zahirul Hoque Zahir, Deputy Attorney General with Md. Jashim Uddin, Assistant Attorney General and Shah Abdul Hatem, Assistant Attorney G..

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)

....he Court       concerned immediately for information and necessary action. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 51.     ......he Court       concerned immediately for information and necessary action. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 51.     ......his Case is also Reported in: 21 BLT (HCD) (2013) 51.     ......urt Division (Civil) Present: Soumendra Sarker J Md. Mosharraf Ali Khan and others………………….....Petitioners Vs. Assistant General Manager, Principal Office, Sonali Bank, Barisal of Bagura Road, Barisal City, District-Baris..

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.       ...... 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.       ......ision (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Ali Haider Chowdhury .................Petitioner Vs. State and another…………………...Opposite Party Judgment ....... Abdul Wahab Shah Chowdhury, 51 DLR (AD) 242. Lawyers Involved: SM Rezaul Karim, Advocate with Md. Abdur Razzak, Advocate—For the Petitioner. Md. Jashimuddin, Assistant Attorney-General and Shah Abdul Hatem, Assistant Attorney-General—For the State-Opposite-Party No. 1. ..

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

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

.... Judgment November 8, 2012. Result: The Rule is disposed of with direction. Lawyers Involved: Md. Manzill Murshid, Advocate-For the Petitioner. Md. Mokleshur Rahman, Deputy Attorney General -For the Respondent No. 4. Khan Ziaur Rahman, Advocate-for the Resp......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: ......arkar J Advocate Asaduzzaman Siddiqui................ Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, P.S. Ramna, Dhaka and others.………...... Respondents. Judgment November 8, 2012. Result: Th......November 8, 2012. Result: The Rule is disposed of with direction. Lawyers Involved: Md. Manzill Murshid, Advocate-For the Petitioner. Md. Mokleshur Rahman, Deputy Attorney General -For the Respondent No. 4. Khan Ziaur Rahman, Advocate-for the Respondent Nos. 5 an..

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

The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)

....ity of the accused in this case; (iv)The confession of the accused is voluntary and true (although there is no confession made by the accused under Section 164 of the Code). 11. The learned Deputy Attorney General appearing for the State supports the reference and submits that the victim w......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......te ………......................The Respondent Judgment October 18, 2012. Result: Death Reference No.36 of 2007 is rejected. Criminal Appeal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. Cases Referred to- Md. Jiaur Rahman Vs. The St......ed in this case; (iv)The confession of the accused is voluntary and true (although there is no confession made by the accused under Section 164 of the Code). 11. The learned Deputy Attorney General appearing for the State supports the reference and submits that the victim was lastly seen w..

Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7

Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)

....ance ,1983 which needs as follows:— "Section 163: Institution of suits against the Corporation, etc.—No suit shall be insti­tuted against the Corporation or the Mayor or the Deputy Mayor or Commissioner or the Chief Executive Officer or any other officer or employee of the ......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518.     ......sh;For the Petitioners. Civil Revision No. 2272 of 2000. Judgment Md. Moinul Islam Chowdhury J. — At the instance of the defendant-petition­ers, Mayor, Dhaka City Corporation and others, this Rule has been issued calling upon the oppo­site party to show cause as to why t......o remove havoc on the main streets of the Dhaka City. 18.  In the view of the above, the concerned Ministries of the Government, the Dhaka City Corporation North and South and the Inspector General of Police are hereby directed to formulate laws in the form of Regulation regarding " r..

Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3

Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)

....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......he People's Republic of Bangladesh calling upon the respondents to show cause as to why the holding of the imported duty paid goods covered under Letter of Credit No. 209610010034 dated 18-3-2010 and B/E No.C137775 dated 19-10-2010 and B/E No.C63728 dated 23-5-2010, Bill of Lading No.S00005349 d......ocate with Farzana Ahmed, Advocate—For the Respondent No.4. Md. Ramzan Ali Sikder, Advocate with Tanim Hossain, Advocate—For the Respondent No.6. Israt Jahan, Assistant Attorney-General with Kashefa Hossain, Assistant Attorney-General-For the Respondent Nos.1-3. Writ Petit..

Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9

Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)

....07 for a period of 90 days. While the accused-petitioner was in deten­tion, a notice being Memo No.দুদক/১৪৮-২০০৭(অনুঃ-২)/৩১৫৫ dated 29-5-2007 issued by the Deputy Director (Inquiry and lnvestigation-2) of the Anti-Corruption Commission was served on him th...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1.     ......1.     ...... DLR (AD) 38; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16. Lawyers Involved: AM Mahbub Uddin, Advocate—For the Petitioner. Momtazuddin Fakir, Additional Attorney-General with Md. Jashimuddin, Assistant Attorney-General and Shah Abdul Hatem, Assistant Attorney-Ge..

Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20