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

....vil) Present: Md. Muzarnmel Hossain CJ Surendra Kumar Sinha J 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…...... Surendra Kumar Sinha J 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 ...... 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. ......rors in the answer key, the new test score of the students involved in the writ petition would be as follows :— (1) Zumana Mustafa, Roll; 133202, (2) Samia Afroz, Roll: 131280, (3) Marzuka Ahmed Zakia, Roll: 131253, (4) Zerin Tasnim Sara, Roll:324146, (5) Zishan Sarwardi, Roll: 321468, (6..

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

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

....n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Aminullah and others……………………Appellants Vs. Serajul Huq and others……………………Respondents Judgment November 21......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......Jan died leaving behind two daughters, namely, Jahanara Begum and Ayesha Khatun and sisters, namely, Sajaba, Masma, Zahura and Masuda Khatun. Later, Masuda Khatun died leaving behind husband, Amir Ahmed and other sisters. On 15.11.1977, the appellants and Rahmatullah purchased the shares of othe..

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

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

.... High Court 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:......e Court High Court 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. ......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. ......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)

....ay be formed at the spot even on the spur of the moment............ (92) Cases Referred to- Madam Gopal Kakkad Vs. Naval Dubey, 3 SCC 204; State Vs. Rokeya Begum, 13 BLT 377= 10 BLC 687; Bangladesh Vs. Ashraf Ali, 46 DLR (AD) 241; Bandez Ali Vs. State, 40 DLR (AD) 200; Mohanlal Vs. Stat......l Appellate Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Shawkat Hossain J Khorshed and another………………Condemned-Appellants Vs. State…………………....................................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         ......tion 161 of the Code of Criminal Procedure. After the arrest of all the condemned-appellants, namely, Tipu, Shahid and Khorshed, Sub-Inspector Md. Mainul Islam forwarded them to the P.W.4 Syed Lokman Ahmed for recording of their con­fessional statements and accordingly, the learned Magistrate (P..

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

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

....ndents Judgment November 19, 2012. Result: The Rule is made absolute. Cases Referred to- Transcom Cables Ltd Vs.The Commissioner of Customs 2 TLR 571; ASS Enterprise Vs. Bangladesh 17 BLC 86; Russell Vegetable Oil Ltd Vs. Collector of Customs 52 DLR 382; LR Khan Vs. Cus...... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Amirul Islam (Md.).....................................Petitioner Vs. Commissioner of Customs and others............Respondents Judgment November 19, 2......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.   ......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.   ..

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

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

....urt Division   (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: ...... High Court Division   (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Maleka Khatun………..................Petitioner Vs. Bangladesh and others ………...Respondents Judgment November 18, 2012. 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: ......etition that the land as described in the schedule of the impugned notice originally belonged to Sreemoti Hemlata Sarkar and others, who proposed to sell it in 1963. Petitioner’s husband Sheikh Ali Ahmed agreed to purchase the land for total consideration of Taka 59,000/-, out of which the said He..

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. ...... 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..........Respondent Judgment November 14, 201......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. ...... Hossain CJ SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J   Md. Imman Ali J State.......................................Appellant Vs. Kazi Mahbub-uddin Ahmed..........Respondent Judgment November 14, 2012. Result: The app..

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.......: 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 .....................Respondent Judgment November 14, 20...... 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....... 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 .....................Respondent Judgment November 14, 2012. Result: The ..

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

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

....ane No.2, Section 6/A, Mirpur as 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 (althou......J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shamsul Kabir Humayun Reza………………Petitioner Vs. Anwarul Hasan and Others……………………Res......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. ......ars that after examining him partly in Court on 13-3-2008 and 15-4-2008, he got him examined on commission. While examined on commission, on 8-6-2008, by the learned Advocate Commissioner, Jamaluddin Ahmed, he filed the photostat copy of the so-called report of the Parliamentary Standing Committee a..

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

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

...., 1881. It transpires from the petition of complaint that the cheque was issued by the accused-petitioner on 30-7-2009 for payment of Taka 2, 25,000. But when the cheque was presented before the Arab Bangladesh Bank, Uttara, it was dishonoured on the same date for insufficient fund; and legal notice......vision (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J  Md. Nazrul Islam Talukder J Sk Ahmedullah (Babul) ...........................Petitioner Vs. Al-haj Md. A Rashid...............................Opposite Party Judgment Novemb......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.   ......9.   ..

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)

.....05.1976. Subsequently, his grade elevated to the grade of Junior Clerk. The plaintiff No.4 was appointed as a messenger of National Bank which after liberation war was re­named as Sonali Bank of Bangladesh. He was promoted to the post of caretaker and was serving at Sonali Bank, Bagura Road Bra...... Court High Court 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 C......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.     ..

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

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

.... Court may seem fit and proper. 2. Facts relevant to disposal of the Rule may be, briefly, stated as follows: 3. The accused-petitioner is a businessman who was elected Secretary-General of Bangladesh Association of International Recruiting Agencies (in short BAIRA) in the year 2004-2006 a...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Ali Haider Chowdhury .................Petitioner Vs. State and another…………………...Opposite Party ...... 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.       ......llip;………..(45) Cases Referred to- Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38, Murad Ali Vs. State, 22 DLR (WP) 158; Sher Ali Vs. State, 46 DLR (AD) 67; Mrs. Hasna Ahmed Vs. State in Criminal Miscellaneous Case No. 14295 of 2008; SM Anwar Hossain Vs. State in Crim..

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

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

....ivision (Special Original Jurisdiction) Present: Naima Haider J Muhammad Khurshid Alam Sarkar J Advocate Asaduzzaman Siddiqui................ Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, P.S. Ra......h Court Division (Special Original Jurisdiction) Present: Naima Haider J Muhammad Khurshid Alam Sarkar J Advocate Asaduzzaman Siddiqui................ Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretaria......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: ......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)

....h Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badrazzaman J Mosharef Hossain (Md.).............................Petitioner Vs. Bangladesh and others..........................Respondents Judgment     ...... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badrazzaman J Mosharef Hossain (Md.).............................Petitioner Vs. Bangladesh and others..........................Respondents Judgment   &......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: ......a J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Anti Corruption Commission……………………Petitioner Vs. Md. Obaidul Karim and another................Respondents Judgment November 4, 201......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: ...... had handed over the seized vehicle along with the said two accused to Dhanmondi Police Station as per G.D. Entry No.1815 dated 28.02.2007; that the said Abdus Salam also informed them that one Masum Ahmed, brother-in-law of Haris Chowdhury, a Political Secretary of the then Prime Minister Begum Kha..

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

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

....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 ......ivision (Criminal) Present: Syed Md. Ziaul Karim J A.N.M. Bashir Ullah J The State………………………....Petitioner Vs. Moru Bhuiyan………..............Condemned prisoner Moru Bhuiyan &hel......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 ...... that on 01.09.1995 he was attached with Lakshmipur Police Station. He carried the dead-body to the morgue of Maijdhi Sadar hospital for autopsy. P.W.6 Munaf Bepari, P.W.7 Maijuddin, P.W.8 Rafiq Ahmed are the local witnesses but they had no knowledge about the occurrence and cause of death of t..

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

Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)

....pped, they have been heard together and are disposed of by this common judgment.  Civil Petition No. 648 of 2010: 2. Facts giving rise to this leave petition are that respondent No.2, Bangladesh Shilpa Bank (hereinafter referred to as the Bank), filed Miscellaneous Case No.23 of 1997......nbsp; Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J  Abdur Razzaque Chowdhury and others.......Petitioners (In both cases) Vs. Artha Rin Adalat and others.......................Respondents (In both cases) Judgment......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159

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

....regarding " rick­shaw" within 4(four) months from the date of receipt of this judgment and order and also direct­ed to submit a joint report to the Registrar of the Supreme court of Bangladesh within 2 months from date of receipt of the judgment and order. The following guidelines ......ivil Revisional Jurisdiction) Present: Md. Moinul Islam Chowdhury J       Mayor, Dhaka City Corporation...................................Petitioner Vs. Dhaka Metropolitan Rickshaw Samity..........................Opposite Party Judgment&nb......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.     ......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.     ..

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)

....urisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Ibrahim (Md.).......................................Petitioner Vs. Government of the Peoples Republic of Bangladesh & others.......Respondents Judgment   October 16, 2012. Result: ...... High Court Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Ibrahim (Md.).......................................Petitioner Vs. Government of the Peoples Republic of Bangladesh & others.......Respondents Judgme......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. ...... order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ..

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

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

....her order or orders as to this Court may seem fit and proper. 2. Facts leading to issuance of the Rule may be, briefly, stated as follows: The petitioner is a Member of the Standing Committee of Bangladesh Nationalist Party (BNP) since 1994. He was elected Member of Parliament several times fro......gh Court Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Dr. Khandaker Mosharraf Hossain..........Petitioner Vs. State and another………………………&h...... 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.     ......ections 26 and 27 of the Anti-Corruption Commission Act, 2004 are-quite distinct from each other and they deal with separate offences. In this regard, we have given our decision in the case of Moudud Ahmed Vs. Anti Corruption Commission in Criminal Miscellaneous Case No.21084 of 2011 wherein it has ..

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