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Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)

.... This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ...... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ...... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ......r Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education and others..................................................Petitioners Vs. Md. Abul Kalam..

Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5

Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)

....e. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......mel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Shahjahan Khalifa and others..........Petitioners Vs. The State......................................Respond..

Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113

Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)

....d any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ......nbsp;        Md. Imman Ali J     Md. Shamsul Huda J   Yousuf Chowdhury (Md.)................Petitioner Vs. Md. Emran and another..................Respondents Judgment August 5, 2012. Result: The appeal sa..

Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40

State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)

....s petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ......rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ......rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ...... (Act No. V of 1898); section 561A Inherent powers of the High Court Division The inherent powers of the High Court Division is neither an alternative nor an additional in its correct sense and is to be rarely invoked only in the interest of justice so as to seek redress of grievances for ..

Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7

Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)

....his appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......MG Agarwal Vs. State of Maharashtra, 1963(2) SCR 405; Muslimuddin Vs. State, 38 DLR (AD) 311; Safder Ali Vs. Crown, 5 DLR (FQ107; Bihar Vs. Md. Khurshed, AIR 1971 SC 2268 and State of UP Vs. Iftekhar Khan, (1973) 1SCC 512. In State of Punjab Vs. Jagir Singh, AIR 1973 SC 2407; Alamgir Vs. State, AIR ......li Bhutto Vs. State, PLD 1979 SC 53; Maj. Md. Bazlur Huda Vs. State, ADC Vol. VI(A) 1; Shama Rao Vs. Union Territory of Pondicherry, (1967) 2 SCR 650; Nazir Hussain Vs. Muhammad Shafi, 17 DLR (SC) 40 and Abul Kalam Azad alias Ripon Vs. State, 58 DLR (AD) 26. State Vs. Abdur Rashid Piada alias Abdur ..

Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36

National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)

....costs with the above observa­tions. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......victims. The appeals are, therefore, allowed without any order as to costs with the above observa­tions. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ...... Nazmun Ara Sultana J   Syed Mahmud Hossain J Md. lmman Ali J Shamsul Huda J National Board of Revenue........... .........Appellants Vs. Abu Saeed Khan and others………………….......Respondents Judgment August 1, 2012. ......azmun Ara Sultana J   Syed Mahmud Hossain J Md. lmman Ali J Shamsul Huda J National Board of Revenue........... .........Appellants Vs. Abu Saeed Khan and others………………….......Respondents Judgment August 1, 2012. Re..

Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27

Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)

....434; 12 MLR (AD) 105; Government of Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90 paragraph 44; 46 42 DLR 434; 12 MLR (AD) 105; Habibur Rahman Vs. Abdul Wadood, 22 DLR 386. Lawyers Involved: Md. Nurul Amin with Sabya Sachi Mondal, Advocates—For the Petitioner. Abul Kalam Mainuddi......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308.       ......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308.       ......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Monindra Nath Biswas ......................Petitioner Vs. Kantaram Mondal and others................Opposite Parties Judgment July 31, 2012. Result: The R..

Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5

Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....mmunicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ...... India Limited, 14 SCC 680; 4 ALR 74 (SC) and Bangladesh telecom (Pvt) Ltd Vs. BTTB reported in 48 DLR (AD) 20. Lawyers Involved: Ahsanul Karim, with Khairul Alam Chowdhury, Tanveer Hossain Khan, Shamim Ahmed Mehedi. Advocates—For the Petitioner Tofailur Rahman, with Umme Salma,...... Md. Ashraful Kamal J Energy Prima Ltd……………………………...Petitioner Vs. People's Republic of Bangladesh and others...............Respondents Judgment July 29, 2012.   Result: Both..

Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6

Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)

....nal Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......dvocate instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leave to Appeal No.376 of 2009 (From the judgment and order dated 12.12.2006 passed by the High Court Division in Jail Appeal No.181 of 2006.) Or..

Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102

Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)

....   ......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453       ......71 SCMR. 796; Alkas Mia Vs. State, 25 DLR 398; State Vs. Lalu Miah, 39 DLR (AD) 117; State Vs. Munir, 1 BLC 345; Abul Khayer Vs. State, 46 DLR 212; Hashmat All Vs. State, 33 DLR 169; AKM Ataur Rahman Khan alias Badal Vs. State, 5 BLC 508; Siddique Munshi Vs. State, 44 DLR (AD) 137; State Vs. Abul Ka...... Result: The appeal is allowed. Confessional statement, not a verbation statement of the accused The facts of confessional statement are being gathered by a Magistrate on question and answer basis. So the recorded confessional statement can not be the verbatim statement of the ac..

Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9

Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)

.... This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ......D) (2013) 46.   ..

Category: Property Law | Date: 25 Jul, 2012 | Hits: 10

AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....ly 24, 2012. Result: The petition is decided with few observations. Cases Referred to- Farooq Ahmed Khan Leghari Vs. Federation of Pakistan, PLD 1999 SC. 57, Ministry of Finance Vs. Mr. Md. Masder Hossain, 2000 BLD (AD) 104, S.P. Gupta Vs Union of India, AIR 1982 SC 149, India Vs Sank......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......ffairs and others..................................… Respondents Judgment July 24, 2012. Result: The petition is decided with few observations. Cases Referred to- Farooq Ahmed Khan Leghari Vs. Federation of Pakistan, PLD 1999 SC. 57, Ministry of Finance Vs. Mr. Md. Masder Hos......n) Present : Hasan Foez Siddique J ABM Altaf Hossain J AKM Shafiuddin.......................… Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others..................................… Respondents Judgment ..

Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236

Jamat Ali Vs. State, 2012, 41 CLC (AD)

.... judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ......Involved: Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leave to Appeal No.367 of 2009 (From the judgment and order dated 27.01.2008 passed by the High Court Division in Criminal Appeal No.3084 of 2004 with..

Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70

Nalu Vs. State, 2012, 41 CLC (AD)

.... Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ...... Lawyers Involved: A. B. M. Bayezid, Advocate- For the Petitioner. Md. Shahrowardi, Deputy Attorney General- For the Respondent. Jail Petition No. 09 of 2010. (From the judgment and order dated 10th November, 2009 passed by the High Court Division in Death Reference No.78 of 20..

Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111

A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)

....office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ...... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ......ab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J A.N. Istiaq Ahmed.......................................Petitioner Vs. Abdus Salam Khan and others...................Respondents Judgment July 19, 2012. Result: The petiti......ah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J A.N. Istiaq Ahmed.......................................Petitioner Vs. Abdus Salam Khan and others...................Respondents Judgment July 19, 2012. Result: The petition is..

Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147

Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)

...., dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33.  ......nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33.  ......nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33.  ......sent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others ............Appellants Vs. Mir Md. Imam Hossain…………………………..

Category: Property Law | Date: 17 Jul, 2012 | Hits: 8

Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)

....o merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J  Aysha Siddiqua ..............................Petitioner Vs. Fazilatunnesa and other...................Respondents Judgment  July 15, 2012.  Result: ..

Category: Others | Date: 15 Jul, 2012 | Hits: 6

Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)

....anted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......n CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Rafiqul Islam and others....................................Petitioners Vs. Md. Azmal Hossain and other..

Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16

Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)

.....10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ......ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ......ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ......ltana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh, repre­sented by the Secretary, Finance Division, Ministry of Finance, Bangladesh Secretariat, Dhaka and others..........Petitioners Vs. A.T.M. Abdul Matin.....................................

Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4

Marsu Ltd and another Vs. Waliullah, FCA, Partner of M/s. Malek Siddique Wali Chartered Accountant and Receiver of Marsu Ltd, 2012, 41 CLC (HCD)

.... Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ......is acquitted from the charges brought against him. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ......ner Judgment July 10, 2012. Result: The Rule is disposed of. Cases Referred to- Pakistan, Ministry of Law Vs. Judges of West Pakistan, Lahore, 16 DLR (SC) 535; Raizuddin Khan (Md.) Vs.Mahmudur Rahman, 16 MLR (AD) 61 = 63 DLR (AD) 29; Shahidul Haque, Inspector General of......d in: 65 DLR (HCD) (2013) 237       ..

Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5