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Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)

....hmud Hossain J  Muhammad Imman Ali J Md. Shamsul Huda J  Kaisor-uz-Zaman (Md.)...……………………...Petitioner Vs. State, represented by the Deputy Commissioner, Sylhet and another........Respondents Judgment&n...... Syed Mahmud Hossain J  Muhammad Imman Ali J Md. Shamsul Huda J  Kaisor-uz-Zaman (Md.)...……………………...Petitioner Vs. State, represented by the Deputy Commissioner, Sylhet and another........Respondents J...... Bidhimala framed thereun­der keeping in view of the observa­tions and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ......ion (Criminal) Present: Md. Muzammel 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  Kaisor-uz-Zaman (Md.)...…………&h..

Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6

Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)

....inal Miscellaneous Jurisdiction) Present: Khondker Musa Khalid J  Md. Nazrul Islam Talukder J Engineer Afsaruddin Ahmed and others...................Petitioner Vs. State and another..............................................Opposite-Parties Judgment O...... (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khalid J  Md. Nazrul Islam Talukder J Engineer Afsaruddin Ahmed and others...................Petitioner Vs. State and another..............................................Opposite-Parties Judgme......the case in accordance with law. Let a copy of this judgment be communi­cated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ......3 DLR 403; Sirajul Islam Vs. Tauhid Uddin Ahmed 15 BLC 39; AKM Siddique Vs. Md. Momenul Haque, 11 BLC 454; Md. Habibur Rahman Chowdhury Vs. State 18 BLT 90; Monzur Alam Vs. State 55 DLR (AD) 62; Sher Ali (Md.) Vs. State, 46 DLR (AD) 67; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16; A..

Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21

Government of the People's Republic of Bangladesh Vs. Dr. Prodip Kumar Roy and others, 2012, 41 CLC (HCD)

....The order of statue quo granted by this 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) 231. ...... High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Government of the People's Republic of Bangladesh.......Defendant Respondent-Petitioner Vs. Dr. Prodip Kumar Roy and others…………………Plai......The order of statue quo granted by this 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) 231. ......that cannot be re-opened by any Court of law so long the statute remains in force. Lawyers Involved: Md. Jahangir Alam, Assistant Attorney-General—For the Petitioner. AJ Mohammad Ali with Md. Furuque Ahanmed—For the Opposite-Parties. Civil Revision No.2115 of 2005. ..

Category: Property Law | Date: 7 Oct, 2012 | Hits: 5

Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)

....rties Judgment October 7, 2012. Result: The Rule is discharged. Cases Referred to- Anti-Corruption Commission Vs. Mohiuddin Khan Alamgir, 62 DLR (AD) 290; MA Hasham Vs. State, 17 BLC 136; Anti-Corruption Commission Vs. Shamima Begum, 62 DLR (AD) 277; Salma Shahadat Vs.......eous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Moudud Ahmed………………………Petitioner Vs. Anti-Corruption Commission and another………………&hell......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ..

Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95

Mirza Abbas Vs. State, 2012, 41 CLC (HCD)

....gh Court Division (Criminal Miscellaneous Jurisdiction) Present: Quamrul Islam Siddiqui J AKM Zahirul Hoque J Mirza Abbas....................Accused-Petitioner Vs. State…………….................Opposite-Party Judgment Octo......t High Court Division (Criminal Miscellaneous Jurisdiction) Present: Quamrul Islam Siddiqui J AKM Zahirul Hoque J Mirza Abbas....................Accused-Petitioner Vs. State…………….................Opposite-Party Judgment ......earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ......earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ..

Category: Criminal Law | Date: 4 Oct, 2012 | Hits: 7

Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)

....of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......ra Kumar Sinha J Md. Abdul Wahhab Miah J  Syed Mahmud Hossain J  Muhammad Imman Ali J  Md. Shamsul Huda J Agrani Bank.......................Appellant Vs. Anwarul Bashir Khan and others…........Respondents Judgment October 3, 20......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......ppellate Division (Civil) Present: 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 Agrani Bank.......................Appellant Vs. ..

Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5

Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)

....h Court Division (Criminal Appellate Jurisdiction) Present: Md. Abu Zafor Siddique J Jharna Begum and others………..........Accused-appellants Vs. The State…………………….....................Respondent......ourt High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abu Zafor Siddique J Jharna Begum and others………..........Accused-appellants Vs. The State……………………........................ their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20   ...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20   ..

Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3

Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)

....ision (Criminal Appellate Jurisdiction) Present: Syed Md. Ziaul Karimu J Ashish Ranjan Das J   Kazi Nasir Uddin Babul.............Convict-Appellant Vs. State...........................................Respondent Judgment   September......Court Division (Criminal Appellate Jurisdiction) Present: Syed Md. Ziaul Karimu J Ashish Ranjan Das J   Kazi Nasir Uddin Babul.............Convict-Appellant Vs. State...........................................Respondent Judgment   ......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174.   .................................................Respondent Judgment   September 4,  2012.   Result: The appeal is allowed. Cases Referred to- Safder Ali Vs. Crown 5 DLR (FC) 107; Abdul Haq Vs. State 14 BLT 485; Fazlur Rahman Vs. State 1 BLC 558; Rek..

Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10

Nazrul Islam Vs. State, 2012, 41 CLC (HCD)

....urt Division (Criminal Revisional Jurisdiction) Present: Sheikh Rezowan AM J AKM Shahidul Huq J Nazrul Islam...............................Accused-Petitioners Vs. State............................................Opposite-Party Judgment August 29, 2012....... High Court Division (Criminal Revisional Jurisdiction) Present: Sheikh Rezowan AM J AKM Shahidul Huq J Nazrul Islam...............................Accused-Petitioners Vs. State............................................Opposite-Party Judgment August ......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......ted in his examination-in-chief that the informant told him that petitioner kept her sitting in the wheat filed. Nothing come out from his mouth supporting prosecution case. 12. P.W.3 Md. Munzur Ali did not know anything about the incident as stated by him in his examination-in-chief. He was al..

Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8

Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)

....ivision (Criminal Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J Ashish Ranjan Das J Hedayet Ullah and others .................Accused-Petitioners Vs. State………………....................Opposite-Party Judgmen......h Court Division (Criminal Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J Ashish Ranjan Das J Hedayet Ullah and others .................Accused-Petitioners Vs. State………………....................Opposite-Party ......arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272.   ......arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272.   ..

Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9

Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)

....igh Court Division (Criminal Appellate Jurisdiction) Present: Sheikh Rezowan Ali J AKM Shahidul Huq J Khasru Ahmed....................................Appellant Vs. State..................................................Respondent Judgment August 22, 201......rt High Court Division (Criminal Appellate Jurisdiction) Present: Sheikh Rezowan Ali J AKM Shahidul Huq J Khasru Ahmed....................................Appellant Vs. State..................................................Respondent Judgment Augus......f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ...... said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ..

Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8

Kamal Vs. State, 2012, 41 CLC (HCD)

....tion) Present: Md. Rezaul Haque J Md. Abu Zafor Siddique J          Kamal...........................Convict-Petitioner Vs. State.................................Opposite-Party Judgment  August 16, 2012. ...... Jurisdiction) Present: Md. Rezaul Haque J Md. Abu Zafor Siddique J          Kamal...........................Convict-Petitioner Vs. State.................................Opposite-Party Judgment  August 16, 2......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145.   ...... Conviction can be awarded relying only upon the evidence of police personnel. Corroboration by public witnesses must exist for awarding conviction......... (22) Cases Referred to- Nidan Ali Vs. State, 4 BLC at page 264; Zillur Rahaman alias Zillur Vs. State, 6 BLC page 254; Uzzal and G..

Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2

Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....in 51 DLR (AD) 172, Bangladesh Vs. Sheikh Hasina reported in 60 DLR (AD) 90, 49 DLR (AD) 164, PTR Exports (Madras) (P) Ltd. Vs. Union of India AIR 1996 SC 3461 (para 5 and Head note), Asif Hameed Vs. State of  J & K AIR 1989 SC (para 19 & Head note, 2 SCC 3431 (para 39,36 & 31), Ban...... (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Orascom Telecom Bangladesh Ltd............................................Petitioner Vs. Bangladesh and others.................................................................Respo......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148.     ......sh Vs. Md. Azizur Rahman 46 DLR (AD) 19; New Ideal Engineering and Works Vs. Bangladesh Shilpa Bank 42 DLR (AD) 221; Sheikh Abdus Sabur Vs. Returning Officer 41 DLR (AD) 30; Solicitor Vs. Syed Sanwar Ali 27 DLR (AD)16; Tabarak Ali Sikder Vs. Administration of Waqfs 45 DLR 70; Ali Ekabbar Vs. Banglad..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19

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

....Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Tapan and others................................Petitioners [In Criminal Petition No.91 of 2010] Vs. State………………........Respondent [In all the cases] Judg......l Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Tapan and others................................Petitioners [In Criminal Petition No.91 of 2010] Vs. State………………........Respondent [In all the cases] ......ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ......the petitioners is commutated to imprisonment for life………………(7) Lawyers Involved: Khondaker Mahbub Hossain, Senior Advocate, instructed by Mohammad Ali, Advocate-on-Record—For the Petitioner. (In Criminal Petition Nos.91 & 195 of 2010) ..

Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4

Jnanendra Nath Barai Vs. The Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2012, 41 CLC (HCD)

....temporary and conditional there was no necessity of serving any notice upon him or any formality. According to the Government Servant (Discipline and Appeal) Rules and for the sake of security of the State and according to the Article 135(2) (iii) of the Constitution of the People's Republic of ......(2013) 3 ...... at-once to the court concerned for information and necessary action. 33. Send back the Lower Court's Record immediately. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 3 ...... at-once to the court concerned for information and necessary action. 33. Send back the Lower Court's Record immediately. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 3 ..

Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3

Government of Bangla­desh Vs. ATM Mannan and another, 2012, 41 CLC (AD)

....the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ...... Md. Imman Ali J Md. Shamsul Huda J Government of Bangla­desh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka.............Appellant Vs. ATM Mannan and another..........................Respondents Judgment August 8, 20......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......eme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ SK Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangla­desh, represented by the Secretary, Ministr..

Category: Property Law | Date: 8 Aug, 2012 | Hits: 84

Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......Court High Court Division (Special Original Jurisdiction) Present: AFM Abdur Rahman J FRM Nazmul Ahsan J Padma Oil Company Ltd..................Assessee-Applicant Vs. Commissioner of Taxes...…………………Respondent ......disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......r of Taxes...…………………Respondent Judgment August 7, 2012. Result: The Rule is disposed of. Lawyers Involved: Sarder Jinnat Ali, Senior Advocate with Md. Umber Ali, Advocate—For the Assessee-Applicant Md. Abdur Ra..

Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5

Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)

....at Loan Agreement shall prevail. Otherwise, the PPA shall apply in all types of procurement of goods, work or services by the Government under a loan or grant agreement with a foreign organization or State. We further find that if there is no specific provision of appeal or filing complaint in the r......ecial Original Jurisdiction) Present: Naima Haider J Md. Khurshid Alam Sarkar J Bangladesh Telecommunications Company Ltd and another.............................Petitioners Vs. Review Panel-2, Central Procurement Technical Unit (CPTU) and others..........Respondents ......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ..

Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10

Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)

....d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......ar Sinha J Md. A Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Bangladesh Biman Corporation and others..........Appellants (In all appellants) Vs. Md. Zahangir Farazi and others.....................Respondents Judgment August 7,......d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......eported in: 65 DLR (AD) (2013) 116. ..

Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18

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

....ab Miah J Nazmun Ara Sultana J  Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J  Shahjahan Khalifa and others.................Petitioners Vs. State..................................................Respondent Judgment August 6, 2012......bdul Wahhab Miah J Nazmun Ara Sultana J  Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J  Shahjahan Khalifa and others.................Petitioners Vs. State..................................................Respondent Judgment Augus......iation 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: 19 BLC (AD) (2013) 95. ......ision (Criminal) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J  Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J  Shahjahan Khalifa and others.................Petitioners ..

Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7