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Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....n) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Sadek Hossain (Md.)……………............................Petitioner Vs. State and another...........................................Opposite-Parties Judgment Decem......mentioned FIR case were stayed. 3. Facts necessary for disposal of the rule are that the accused-petitioner Md. Sadek Hossain was the Administrative Officer of Housing Estate, Chittagong, at the time of occurrence, and he also served in various positions at different working stations. He r......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
....tences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ......led four revisions being Criminal Revision Nos.578, 575, 576 and 577 of 2009 before the High Court Division. On hearing the revisions, the High Court Division discharged the Rules and at the same time; interfered with the amount of fine reduced by the Appellate Court by restoring those of the t...... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ...... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
....es of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ...... filed four revisions being Criminal Revision Nos. 578, 575, 576 and 577 of 2009 before the High Court Division. On hearing the revisions, the High Court Division discharged the Rules and at the same time, interfered with the amount of fine reduced by the Appellate Court by restoring those of the tr...... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ...... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
....laneous Jurisdiction) Present: M Enayetur Rahim J Md. Akram Hossain Chowdhury J Nur Hossain alias Ladu……………..........Petitioner Vs. State……………………………….......d Poribesh Appeal Adalat, Dhaka should not be transferred to any other competent Court and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. At the time of the issuance of the Rule the presiding Judge of the Special Sessions Judge and Poribesh Appe...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....rference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ...... The petitioners herein as the plaintiffs instituted Title Suit No.84 of 1998 against the defendants in the First Court of Joint District Judge, Narayanganj with prayer for declaration of title and recovery of possession. The plaintiffs' case, in brief, is that the entire land of CS Plot No.158 me......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....DLR (HCD) (2013) 139 ......রিষদ) and Executive Council (কার্যনির্বাহি পরিষদ) 4. The powers and functions of the General Council is constituted with the founder, general and life time members; and amongst others, it is to hold election of the Executive Council in every 3 (three)......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
.... Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J AKM Muhituddin and others.........................Petitioners Vs. National Board of Revenue and others............Respondents Judgment November 28, 2012. ......t be declared to have been done without lawful authority and is of no legal effect. 3. Facts are also similar in both the petitions and absolutely in terms of Rule as issued. 4. At the time of issuing Rule this Division directed the respondent No.2, Commissioner of Customs, Customs Ho...... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ...... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ..Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2
Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)
....: 65 DLR (HCD) (2013) 179 ......ve from Court to defend—The scheme of Order XXXVII is summary one and a departure from the procedure provided for ordinary suit. In the instant case there being no application filed within time mentioned in the summons, the question of granting leave does not arise. On the failure of the ......defend the suit (by filing written statement, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179 ......defend the suit (by filing written statement, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179 ..Category: Administrative Law | Date: 28 Nov, 2012 | Hits: 5
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
.... the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ......rder of the Ministry of Health and Family Welfare vide Memo No.Jana Sastha-1/Homeo-4/93/28 dated 25-1-1999. After completion of necessary formalities these 7 (seven) petitioners were selected as part-time teachers of the said college provisionally without pay. The order of appointment of the writ pe......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......e of the appellant is that no additional written statement was filed by the review petitioner against the statements made by way of amendment of complaint, rather, the respondent No.1 admitted at the time of hearing of the amendment petition on 09.05.2002 that those two letters dated 17.05.1998 and ...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
.... (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Farid Ahmed J Syeda Sajeda Chowdhury……………Petitioner Vs. The State………………….......................Respondents ...... in the name of her dependants, within 7 working days from the date of the receipt of the said notice. The notice further stated that if the statement of assets is not submitted within the stipulated time, she will be prosecuted under Section 26(2) of the ACC Act. The contents of the notice from the......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: ......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)
....titioner Vs. Bangladesh and others…………...Respondents Judgment November 28, 2012. Result: The Rule is discharged. Lawyers Involved: Md. Ozi Ullah, Advocate-for the petitioner. Goutam Kumer Roy, Deputy Attorney General with Ms. Jesmin Sultana Samsa......iry to be held by the District Registrar. Accordingly he held the enquiry and sent his report under Memo No. 433 dated 19.7.2007 with positive comments about the writ petitioner (annex-E). In the meantime, father of the writ petitioner Md. Abdur Rab died. During the matter was pending, the Muslim Ma......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: ......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)
....High Court Division (Criminal Revisional Jurisdiction) Present: Abdul Awal J Md. Faruque J Giasuddin-al-Mamun.............................Accused-petitioner Vs. State and another…………….....................Opposite-parties Ju......sp;2 (ট) (আ) (ই) (I) and section 13 of the Money Laundering Protirodh Ain, 2002 and that the prosecution may proceed with the case in accordance with law. He submits that by this time as many as 7 P.Ws. have been examined in the case. For delaying the process of proceedings of t......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 ......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
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
.... Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......ears when the statement under section 342 of the Code of Criminal Procedure was recorded on 08.05.2004. The occurrence took place on 16.05.2003 and therefore the accused was aged only 24 years at the time of occurrence. In this regard we may refer to the decision reported in 13 DLR 203 in the case o......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....ur interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......11 in the above manner the writ-respondents have filed this petition for leave to appeal. 15. Mr. Mahbubey Alam, learned Attorney-General, who also appeared before the High Court Division at the time of hearing of the Rules, has made similar submissions as were made before the High Court Divisi...... 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. ...... 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
MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
....ion (Criminal Miscellaneous Jurisdiction) Present: M Enayetur Rahim J Md. Akram Hossain Chowdhury J MA Motaleb Bhuiyan.....................Accused-Petitioner Vs. State and another…………………………&hell......ent. 12. Section 369 of the Code of Criminal Procedure provides as follows: 369—Court not to alter judgment.— Save as otherwise provided by this Code or by any other law for the time being in force no Court when it has signed its judgment shall alter or review the same, except ......conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ......conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
.... Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ......the Court, the decree holder bank without exhausting the mandatory provision of section 33(6) of the Artha Rin Adalat Ain, 2003 filed the 2nd Artha Execution Case No.111 of 2005 beyond the stipulated time of limitation. 7. Mr. Md. Imam Hasan, the learned Advocate appearing for the decree-holder......that the opposite-party No.1, Rupali Bank Ltd represented by the Manager, Manasa Bazar Branch, Bagerhat as plaintiff instituted Artha Rin Case No.23 of 2001 before Artha Rin Adalat No.1, Bagerhat for recovery of its dues amounting to Taka 1,17,176 with interest on the averments that Gokul Chandra Ro...... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....man (Md.).........................Petitioner Vs. Bangladesh and others... .............Respondents Judgment November 20, 2012. Result: The Rule is discharged. Restoration to section 19 for setting-aside the ex-parte decree After passing of the impugned order, ......ovember 20, 2012. Result: The Rule is discharged. Restoration to section 19 for setting-aside the ex-parte decree After passing of the impugned order, the petitioner for the first time rushed before this Division and obtained the present Rule. In this situation the law enjoi...... short, is that the respondent No.3 Islami Bank Bangladesh Limited Benapole Branch, Jessore on 25-1-2007 instituted a suit before the Joint District Judge and Artha Rin Adalat, 1st Court, Jessore for recovery of loan money amounting to Taka 27, 64,841 by selling mortgage properties against the M/s J......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)
....sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ......e tried as per law. 6. The defence version of the case, as it appears from the trend of cross-examination of the prosecution witness and the statement made by the condemned-appellant Tipu at the time of his examination under section 342 of the Code of Criminal Procedure, is that they are not re......y to the morgue for autopsy. However, at the showing and identification of all the condemned-appellants, the decapitated head of Nasima was recovered from the 'doba' at Garua Mouza. After its recovery, Sub-Inspector Md. Mainullslam also sent the same to the morgue for autopsy. In this way, t......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
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....o Reported in: ......issioner to evict unauthorized occupant after service of a notice of thirty days. But in the present case the Senior Assistant Commissioner of Vested Property Cell issued the notice giving seven days time, although the petitioner is not an unauthorized occupant in the land. The Senior Assistant Comm......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: ......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
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