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Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)

....y to the Rule, Therefore, the application for restoration of the Rule was misconceived and the plaintiff-respon­dent shall have to face the consequence of his own mistake. 16. Such being the State of affairs it is not at all necessary to enter into the merit of the case. 17. The judgme...... Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Mokbul Hossain Mridha and others........................Appellants Vs. Md. Shamsul Haq Sarder and others.......................Respondents Judgment Marc......ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ......ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ..

Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88

Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)

....ivision (Criminal Appellate Jurisdiction) Present: M Enayetur Rahim J Sheikh Md. Zakir Hossain J Abu Azam Md. Yunus Miah and another................Petitioners Vs. State and another.......................Opposite-Parties Judgment March 19, 2012. Res......h Court Division (Criminal Appellate Jurisdiction) Present: M Enayetur Rahim J Sheikh Md. Zakir Hossain J Abu Azam Md. Yunus Miah and another................Petitioners Vs. State and another.......................Opposite-Parties Judgment March 19, 2012.......rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74.     ......rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74.     ..

Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7

Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)

....with exhibit-1 proves also the case of the contesting defendants that Nabid Ali was a mere "dakhalkar" under Abdul Latif. The learned Counsel has con­tended also that long before promulgation of the State Acquisition and Tenancy Act the ejara right of Abdul Latif ceased to exist and as such the Chi......Hossain J Md. Shamsul Huda J Chittagong Zilla Parishad represent­ed by its Chief Executive Officer, Chittagong Zilla Parishad, Chittagong...................................Petitioner Vs. Nurul Haque and others................................Respondents Order March 19......the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ......the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ..

Category: Property Law | Date: 19 Mar, 2012 | Hits: 76

Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)

.... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ...... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Md. Nurul Islam Khan and others...................Petitioner (In both the cases) Vs. Azizul Islam and others................................Respondents (In both the cases) ...... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ...... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ..

Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119

Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)

....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......ision (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J  Krishna Debnath J  Luthfor Rahman (Md.) and another.............Plaintiff-Appellants Vs. Bangladesh & others………………..........................AJ Mohammad Ali with Mahbub Ali and Md. Ziaul Hoque, Advocates—For the Plaintiff-Appellants. Shashank Shekhor Barker, Deputy Attorney-General—For the Defendant-Respondents. Abul Kalam Patwary, Advocate—For the Respondent No.33-39. First Appeal No.166 of 2010. Ju......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ..

Category: Others | Date: 18 Mar, 2012 | Hits: 5

Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)

....me Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: ARM Shahidul Huq J Siddiqur Rahman Miah J Rabeya Khanam……………………….Petitioner Vs. State………………………Opposite Parties Judgment March 15, 2012. Result: The Ru...... ...... in relation to the petition­er Let a copy of the Judgment be sent to the con­cerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ...... in relation to the petition­er Let a copy of the Judgment be sent to the con­cerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ..

Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215

Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)

.... Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Shahidur Rahman Khadem...............Petitioner (In all the cases) Vs. State and others……………………….......Respo......J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Shahidur Rahman Khadem...............Petitioner (In all the cases) Vs. State and others………………………......... appeal below. These petitions are disposed of with the above observa­tions and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ...... appeal below. These petitions are disposed of with the above observa­tions and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ..

Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122

Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ......ssain Haider J Muhammad Khurshid Alam Sarkar J Human Rights and Peace for Bangladesh (HRPB), represented by its secretary Asaduzzaman Siddiqui…………………….... Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Civil Aviation, and others………...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17

Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)

....urt High Court Division (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Mojibur Rahman (Md.) and others........Petitioners Vs. State……………………………&hellip......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Mojibur Rahman (Md.) and others........Petitioners Vs. State…………………………&helli......al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ......al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ..

Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9

Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)

....t High Court Division (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Mahbubur Rahman & others…………………………Petitioners Vs. State………………………………Opposite Party Judgment March 4, 2012. Result: ......me Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Mahbubur Rahman & others…………………………Petitioners Vs. State………………………………Opposite Party Judgment March 4, 2012. Resu......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37

Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)

....reme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Akkas Ali Sarder…………...........Petitioner Vs. State……………………..Opposite-Party Judgment March 4, 2012. Result: The Rule i......83. ......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117

Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

.... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ......Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Barrister Mainul Hosein......................................Petitioner Vs. Md. Ali Hossain and another................................Respondents Judgment M...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ..

Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238

Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)

....n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......t: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Shamsul Huda J Abdul Wahab Sheikh………………………….......Appellant Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others…………Respondents Judgment Marc......rendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Shamsul Huda J Abdul Wahab Sheikh………………………….......Appellant Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others…………Respondents Judgment March 3, 2012. Result: The appeal......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ..

Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208

Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)

....b Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Nurul Alam alias Nurul Alam Chowdhury.........Petitioner Vs. The State.........................................................Respondent Judgment March 1....... Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Nurul Alam alias Nurul Alam Chowdhury.........Petitioner Vs. The State.........................................................Respondent Judgment ......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ..

Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78

Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)

....rt Division (Criminal Miscellaneous Jurisdiction) Present: Mohammad Marzi-ul-Huq J Md. Ruhul Quddus J Nobendu Das alias Ronju…………………Petitioner Vs. The State…………………....................Opposite Party Judgment February 29, 2012. ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Mohammad Marzi-ul-Huq J Md. Ruhul Quddus J Nobendu Das alias Ronju…………………Petitioner Vs. The State…………………....................Opposite Party Judgment Februa......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..

Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168

Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)

....ers thereafter were given lease of the said land on yearly basis and they had been possess­ing the said land as before. That on 12.04:2000 the writ petitioners submitted an application to the former State Minister, Land for giving permanent lease of the said land to them and the Hon'able State Mini......angladesh rep­resented by its Secretary, Ministry of Land, Bangladesh Secretariat Building, Abdul Gani Road, Ramna, Dhaka and others ...................................................Petitioners Vs. Mozammel Haque and others............Respondents Judgment February 23, 2012. Result......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ..

Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

....posal Co Ltd V. Russell (Valuation Officer)[2000]1 All ER, 97, Re Nanaimo Community Hotel Ltd [1944]4 DLR 638, Johnson v Johnson [1952] 1 All ER 250 at 251-252, [1952] P 47 at 50-51, D.G. Mahajan Vs. State of Maharashtra, AIR 1977 SC 915, Farooq Ahmed Khan Leghari Vs. Federation of Pakistan and othe...... for Leave to Appeal here. Supreme Court Appellate Division Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Syed Mahmud Hossain J Md. Abul Kashem.............................Appellant Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents Judgment ......gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ......gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Grameen Phone Ltd Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) and others, 2012, 41 CLC (HCD)

....rameen Phone is not vatable. Referring to section 21(4) of the Telecom Act, 2001, Mr. Haq points out that since the amounts receivable by the BTRC are to be deposited in the Consoli dated Fund of the State, the licence fee, renewal of licence fee or spectrum fee etc. should be regarded as being excl......t High Court Division (Special Original Jurisdiction) Present: Farid Ahmed J  Sheikh Hassan Arif J Grameen Phone Ltd...............................Petitioner Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) and others…….............one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 401. ......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 401. ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

....ellip;…….....Respondents Judgment  February 7, 2012. Result: The appeal is disposed of with Directions. Cases Referred to- Harjinder Singh Vs. Punjab State Warehousing Corporation CDG Law Journal 210 (SC) 462; Ramon Services (P) Ltd Vs. Subhhash Kapo...... Court High Court Division (Civil Appellate Jurisdiction) Present: Nozrul Islam Chowdhury J KM Kamrul Kader J Tarik Hossain and others...................Appellants Vs. Dulari Begum & Others……………….....Respondents ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......a Miah described in schedule Ka, Ga and Gha of the plaint has been in possession of the defendant Nos. 1-4; defendant No. 5 Rezia Begum along with her minor children i.e. Dulari, Rena Akhter and Rana Talukder as plaintiffs instituted said Title Suit No. 168 of 1991 seeking partition of their share i..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

Human Rights and Peace for Bangladesh (HRPB) Vs. The Mayor, Dhaka City Corporation and others, 2012, 41 CLC (HCD)

....can be treated as a public interest litigation, and the necessity of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:......vision (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Jahangir Hossain J Human Rights and Peace for Bangladesh (HRPB)....................Petitioner Vs. The Mayor, Dhaka City Corporation, City Corporation Bhaban, Ramna, Dhaka, Bangladesh and o......can be treated as a public interest litigation, and the necessity of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:......can be treated as a public interest litigation, and the necessity of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:..

Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15