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Mamun Sheikh Mamun Vs. the State, 2010, 39 CLC (AD)

....he house of the informant after hearing the shout of his father went to the house of the condemned prisoner and rescued him and took him to Khanpur Hospital where the doctor suggested to admit him in Dhaka Medical College Hospital and accordingly, the victim was admitted to the Dhaka Medical Hospita......Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 312 of 2009. (From the judgment and order dated the 18th, 19th and 20th day of November, 2008 passed by the High Court Division in D...... Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mamun Sheikh Mamun.................................Petitioner Vs. The State…………...........................................Respondent Order April ...... of paper books is dis­pensed with as prayed for. The period of order of stay granted ear­lier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21...

Category: Criminal Law | Date: | Hits: 49

Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)

....l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19....... Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J Rafiqul Islam Howlader alias Md. Rafiq Howlader…………….....Petitioner Vs. Syed Abdul Hamid and others………………………………………….....Respondents Judgment April 18, ......CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J Rafiqul Islam Howlader alias Md. Rafiq Howlader…………….....Petitioner Vs. Syed Abdul Hamid and others………………………………………….....Respondents ......l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19...

Category: Property Law | Date: | Hits: 93

Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)

....bove, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......orted in: VIII ADC (2011) 16. ...... (Civil) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Md. Abdul Barik and another ………………………………....Petitioners Vs. Most. Serajan Nessa and another …………………........Respondents Judgment Janua......bove, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ..

Category: Property Law | Date: | Hits: 84

Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)

....orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ...... (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ayesha Siddika and others………………………….......Petitioners Vs. Sayed Rafiqul Islam Rafiq and o...... Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ayesha Siddika and others………………………….......Petitioners Vs. Sayed Rafiqul Islam Rafiq and others ...............Respondents Judgment July 4, 2010. ......orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ..

Category: Property Law | Date: | Hits: 89

Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)

.... be sustained and accord­ingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ...... 1, 16 MLR (AD) (2011) 261. ......resent: MM Ruhul Amin CJ Md. Tafazul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Raisuddin Biswas and others….......................................Appellants (In both cases) Vs. Md. Mazed Ali being dead his heirs Sayera Bewaand others.....Respondents (In both cases) J...... be sustained and accord­ingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ..

Category: Property Law | Date: | Hits: 109

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....inha J Tarique Rahman................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others.......Respondents Judgment February 9, 2011. Cases Referred to- Md. Naz...... ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Tarique Rahman................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others.......Respondents Judg......AD 90, VIII ADC (2011) 217. ......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ..

Category: Civil Law | Date: | Hits: 174

State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)

....in the police station and that the place of occurrence was about 7 kilometers off from the police station. He denied the defence suggestion that at the time of occurrence, accused Saiful Islam was in Dhaka and that his investigation was perfunctory. 30. The defence examined 2 DWs. 31. DW1 Md. ...... Court Division (Criminal Revisional Jurisdiction) Present: AK Badrul Huq J SM Hossain J State ………………………………………………Petitioner Vs. Saiful Islam and another ………….….Condemned Absconder Judgment July 22, 2003. Cases Referred to......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: AK Badrul Huq J SM Hossain J State ………………………………………………Petitioner Vs. Saiful Islam and another ………….….Condemned Absconder Judgment July 22, 2003. ...... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ..

Category: Criminal Law | Date: | Hits: 84

Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)

....2. In the application for re‑hearing it has, been stated, inter alia, that the learned Advocate for the plaintiff-petitioner had been in some personal difficulties for which he had to remain out of Dhaka and move now and then from Dhaka to Chittagong and sometimes to Shariatpur during the whole mo......3. ......ed in: 56 DLR (2004) 373. ......he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for re­hearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ..

Category: Property Law | Date: | Hits: 73

Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....nts Judgment March 1, 2004. Cases Referred to- Buxly Paints Ltd Vs. Bangladesh Government 31 DLR (AD) 266; Chairman, Bangladesh Steel Mills Vs. Mosood Reza 30 DLR (SC) 169; Bangladesh Vs. Dhaka Steel Works Ltd 45 DLR (AD) 71 and Rahima Akhter Vs. AK Bose 40 DLR (AD) 23. Lawyers involv......iction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Razia Sultana……………………………………………….………Petitioner Vs. Government of Bangladesh and others …………….Respondents Judgment March 1, 2004. Cases Referred to- Buxly ......ion (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Razia Sultana……………………………………………….………Petitioner Vs. Government of Bangladesh and others …………….Respondents Judgment March 1, 2004.......annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ..

Category: Business or Commercial Law | Date: | Hits: 194

Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)

.... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Mir Hashmat Ali J Jashimuddin (Md.) alias Md. Jashimuddin………..Defendant-Petitioner Vs. Dali Begum and another ………….......................Plaintiff Opposite Parties Judgment November 15......DLR (2004) 358. ...... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ..

Category: Family Law | Date: | Hits: 186

Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)

....cedure Rule was issued calling upon the opposite party to show cause as to why the records of the Badda PS Case No. 27(3) 04 dated 20‑3‑2004 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be called for to be satisfied that the petitioner is not being illegally harassed w......abul (Md.)…………………Petitioner Vs. State………….……………………………………Respondents Judgment April 4, 2004. Cases Referred To- Bangladesh Legal Aid and Services Ltd (Blast) Vs. Bangladesh, 55 DLR 363; Devendra Dutt and others Vs. State and others, ......04) 347. ......n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ..

Category: Criminal Law | Date: | Hits: 60

Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)

.... with in accordance with law or pass such other or further order or orders as to this Court may seem fit and proper. 2. It is stated in the petitions that the detenue Liakat Sikder is a student of Dhaka University and President of Bangladesh Chattra League and the detenu Md. Rafiqul Islam Kotwal ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: SK Sinha J Sharifuddin Chaklader J Saifuzzaman (Md.)……………………………….Petitioner Vs. State and others ……………………………….Opposite Parties Judgment August 4, 2003. C......reme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: SK Sinha J Sharifuddin Chaklader J Saifuzzaman (Md.)……………………………….Petitioner Vs. State and others ……………………………….Opposite Parties Judgment August ......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ..

Category: Criminal Law | Date: | Hits: 70

Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)

....n 26‑5‑2003 PW1 was examined in­-chief. In the midst of cross-examination of PW A prosecution filed a petition to direct investigation officer to secure the chemical test report and alamats from Dhaka and to submit in Court. Prayer was allowed. 17. Case was put up on 27‑5‑2003 on tha......ddin to the effect when his daughter Shewly Khatun, aged 14 years, went to bamboo bush to make the goat drink water when accused Harun came, took her to a nearby sugarcane field by pressing her mouth and raped her against her will. Upon such information above PS case was started under section 9(1) o......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Quddus J AFM Abdur Rahman J Harun‑or‑Rashid………….Appellant Vs. State ……………………………Respondent Judgment November 19, 200......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ..

Category: Criminal Law | Date: | Hits: 72

State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....tated which are as follows: a) Md. Jahangir Kabir Fatik, an Advocate, full brother of Md. Ahasanul, Kabir (Informant PW 1) and son of Md. Hashem Ali Molla (PW36) and Setara Begum (PW 37) came from Dhaka on 6­4‑1998 at about 8.30 AM 9.00 AM. A telephone call came in telephone No. 760934 of PW 3......ion (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J M Abu Tariq J State………………………………………………….….Petitioner Vs. Ershad Ali Sikder and others ...............Condemned Prisoners Judgment July 28, 2003. Cases Referred to- ...... Court High Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J M Abu Tariq J State………………………………………………….….Petitioner Vs. Ershad Ali Sikder and others ...............Condemned Prisoners Judgment July 28, 2003......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..

Category: Criminal Law | Date: | Hits: 69

Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)

....8 of 2002. Judgment Md. Abdur Rashid J.- This appeal was presented by defendant Nos. 1 to 4 against an order dated 15­-1‑2002 of Joint District Judge (in-Charge) and Artha Rin Adalat No.2 in Dhaka in Title Suit No. 95 of 1997, appointing a receiver of the suit property. 2. Short facts fo...... This Case is also Reported in: 56 DLR (HCD) (2004) 303. ......(HCD) (2004) 303. ......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ..

Category: Property Law | Date: | Hits: 69

Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)

.... issued calling upon the opposite parties to show cause as to why the proceeding of CR No. 5149 of 1999 under sections 406/420 of the Penal Code pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that ......preme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Ali Asgar Khan J Md. Ashfaqul Islam J Nizam Khan (Md)…….............Petitioner Vs. State and another...............Opposite Parties Judgment November 17, 2003. Cases Referred to- ......004) 299. ......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ..

Category: Criminal Law | Date: | Hits: 38

Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)

....ssued at the instance of' the defendants as petitioners directing the plaintiff ­opposite‑parties to show cause why the order No. 7­8‑2000 passed by the Assistant Judge, Additional Court No. 1, Dhaka in Title Suit No. 146 of 2000 rejecting an application for return of the plaint should not be ...... Case is also Reported in: 56 DLR (HCD) (2004) 297. ......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Nazrul Islam Chowdhury J Abdus Samad and others.........................Petitioners Vs. Md. Gafur and others................................Opposite Parties Judgment ......spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ..

Category: Civil Law | Date: | Hits: 114

Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)

....Judgment be transmitted to: I. Additional Sessions Judge and Special Tribunal No. 8, Comilla, II. Secretary, Ministry of Home Affairs, III. Inspector General of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. ......R (AD) 18; State Vs. Abul Kalam, 5 BLC 230; Kellehar Vs. The Crown (1974) 131 CLR 534; Krishan Lal Vs. State of Haryana, AIR 1980 SC 1252; State of HP Vs. Raghubir Singh (1993) 2 SCC 622; Nurul Islam and others Vs. State, 43 DLR (AD) 6 and Masum and others Vs. State, 49 DLR 349. Lawyers Involved:......HCD) (2004) 285.......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...

Category: Criminal Law | Date: | Hits: 64

Abu Talukder Vs. State, 1999, 28 CLC (HCD)

....u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......ssions Judge, Jhalakati in Sessions Case No.20 of 1990 (arising out of GR Case No. 17 of 1987) convicting the accused appellant under sections 302/34 of the Penal Code to suffer imprisonment for life and to pay a fine of Taka 3000.00, in default, to suffer RI for a further period of six months while...... Case is also Reported in: 51 DLR (HCD) (1999) 188.......u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188...

Category: Criminal Law | Date: | Hits: 52

Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)

....1A of the Code of Criminal Procedure, was issued calling upon the opposite parties to show cause as to why the proceedings of CR Case No. 4232 of 2001 pending in the Court of Metropolitan Magistrate, Dhaka, should not be quashed or such other orders be passed as this court may seem fit and proper. ....... ......riminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Salma Masud Chowdhury J Saiduzzaman (Md) (Mithu) and another…………………..Petitioners Vs. Munira Mostafa and another………………………………………Opposite Parties ......ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ..

Category: Criminal Law | Date: | Hits: 49