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

....dgment November 28, 2012. Result: The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Government of the Peoples Republic of Bangladesh, Bangladesh Secretariat, Ramna Dhaka and others, unreported, Writ Petition No.7245 of 200...... The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Government of the Peoples Republic of Bangladesh, Bangladesh Secretariat, Ramna Dhaka and others, unreported, Writ Petition No.7245 of 2008; Khawja Nazir Ahmed Vs. Emperor 1945 DLR, PC 1......ourt Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Farid Ahmed J Syeda Sajeda Chowdhury……………Petitioner Vs. The State………………….......................Re......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..

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

Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....urt High Court Division (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Mohammad Ullah Ashraf………......Petitioner Vs. Bangladesh and others…………...Respondents Judgment November 28, 2012. Result: ......gh Court Division (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Mohammad Ullah Ashraf………......Petitioner Vs. Bangladesh and others…………...Respondents Judgment November 28, 2012. Result: The Rul......upreme Court High Court Division (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Mohammad Ullah Ashraf………......Petitioner Vs. Bangladesh and others…………...Respondents Judgment November 28, 2012. ......thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109

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

....ip;…….....................Opposite-parties Judgment November 27, 2012. Result: The application is summarily rejected. Cases Referred to- Tarique Rahman Vs. Bangladesh, 63 DLR (AD) 18; Pirjada Syed Shariatullah Vs.Bangladesh, 61 DLR 647; Sultana Jute Mills ...... Court Division (Criminal Revisional Jurisdiction) Present: Abdul Awal J Md. Faruque J Giasuddin-al-Mamun.............................Accused-petitioner Vs. State and another…………….....................Opposite-parties Judgme......Court High Court Division (Criminal Revisional Jurisdiction) Present: Abdul Awal J Md. Faruque J Giasuddin-al-Mamun.............................Accused-petitioner Vs. State and another…………….....................Opposite-part......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 ..

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

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

.... Present: Hasan Foez Siddfque J ABM Altaf Hossain J  Fazlul Haque (Md.)…………………………Petitioners Vs. Bangladesh and others..................Respondents Judgment November 22, 2012. Result...... Hasan Foez Siddfque J ABM Altaf Hossain J  Fazlul Haque (Md.)…………………………Petitioners Vs. Bangladesh and others..................Respondents Judgment November 22, 2012. Result: The ......ction) Present: Hasan Foez Siddfque J ABM Altaf Hossain J  Fazlul Haque (Md.)…………………………Petitioners Vs. Bangladesh and others..................Respondents Judgment November 22, 2012. ......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. ..

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

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…...... 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. ...... 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. ..

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

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:......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......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. ..

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......bsp;     ......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         ..

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......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...... 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.   ..

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: ......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 ...... 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: ..

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

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

.... Let a copy of the Judgment along with recon­structed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134       ......t Division (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J Nahida Sultana…………...................Appellant Vs. Bazlur Rahman Khan and others......Respondents Judgment November 14, 2012. Result: The appeal is al......upreme Court High Court Division (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J Nahida Sultana…………...................Appellant Vs. Bazlur Rahman Khan and others......Respondents Judgment November 14, 2012. R...... Let a copy of the Judgment along with recon­structed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134       ..

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

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. ......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...... 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. ..

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......................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 ......: 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...

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...... 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......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. ..

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...... 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......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.   ..

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......his Case is also Reported in: 21 BLT (HCD) (2013) 51.     ...... 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.     ..

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......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 ...... 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.       ..

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......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......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: ..

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     ......ision (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badrazzaman J Mosharef Hossain (Md.).............................Petitioner Vs. Bangladesh and others..........................Respondents Judgment     November...... 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 ..

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: ......Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Anti Corruption Commission……………………Petitioner Vs. Md. Obaidul Karim and another................Respondents Judgment November 4, 2012. Result: The le......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: ..

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 ......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......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 ..

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