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State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)

....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ..

Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32

Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)

....mber of Parliament, Dhaka-4) Vs. State and another, reported in 62 DLR (AD) 233 and the case of Faridul Alam Vs. State, reported in 61 DLR (AD) 93. 7. On the other hand Mr. Mapjur Kader, learned Assistant Attorney General appearing for the State submits that on inquiry the learned Magistrate, 3...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......sonullah was not died there. It is also stated that the delay was caused in collecting Chairman Certificate. 3. Upon receipt the petition of complain, the learned Magistrate sent the same to the Officer-in-Charge, Moulvibazar Police Station, for enquiry and report. After holding inquiry police ..

Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1

Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)

....Bahar @ Abul Bahar Vs. State reported in 1985 BLD 84, the case of State Vs. Lalu Miah reported in 39 DLR (AD) 117. 23. Mrs. Yesmin Begum Bithi appearing with Mr. Kazi Ebadat Hossain, the learned Assistant Attorney Generals for the State submits that the accused-appellant made a confessional sta......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453       ......stated that he has seen bandage in the leg of the Abedin and he has also stated that the character of the victim was not good and he had 3/4 wives. 36. P.W. 9 Md. Abdus Sobhan, the Investigating Officer stated that while he was working as Officer-in-Charge of Meherpur Police Station. SI Shamim ..

Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9

Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)

.... the plaintiffs in Mutation Case No.2177/1994-95 was cancelled on contested hearing. Against the decision of Miscellaneous Case No.20/1997-98, Miscellaneous Appeal No.112 of 2005 was filed before the Assistant Commis­sioner (Revenue), Dhaka which was also dismissed. Against that, Miscellaneous A......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ..

Category: Property Law | Date: 25 Jul, 2012 | Hits: 10

AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....with K.M. Saifuddin, Rashed Imam and Ms. Rashna Imam, Advocates-For the petitioner. Biswojit Roy, Deputy Attorney General with Md. Shafiquel Islam Siddique, Ms. Amatul Karim and Swarup Kanti Deb, Assistant Attorney Generals-For the respondents. Writ Petition No. 9416 of 2012 Judgment ......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236

Nalu Vs. State, 2012, 41 CLC (AD)

....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......nvestigation, police submitted charge-sheet against accused Nalu only. Against the charge-sheet, the informant filed a naraji petition. On the basis of Naraji petition, Inspector Md. Mahmudur Rashid, Officer-in-Charge, D.B, Manikgonj, after investigation submitted charge sheet against two accused in..

Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111

Md. Mozaffor Hossen and another Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

.... pendency of this Rule the State has decided not to proceed against principal offender named Md. Shamsul Haque, Chairman of the Union Parishad who is the FIR named accused No.1 and to that effect the Assistant Secretary, Ministry of Home had already issued Memo No.স্বম (আইন-১)/মা......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ...... the police report, if filed beyond the prescribed period of time, the Court is to look into this aspect in order to be satisfied that there was no intentional laches on the part of the Investigating Officer in concluding the investigation within time as has been prescribed by the legislature. ..

Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23

Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)

....nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33.  ......nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33.  ...... arose that in this appeal is whether in presence of an alternative remedy, the High Court Division is justified in invoking its writ jurisdiction to interfere with the order of Revenue/Settlement Officer who had directed to change the record of rights prepared in respect of the disputed propert..

Category: Property Law | Date: 17 Jul, 2012 | Hits: 8

Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)

....ing the judgments and decrees of the trial court as well as of the appellate court. 2. The respondent No.1 Ms. Eazilatunnesa, as plaintiff, filed Title Suit No.132 of 1993 in the court of Senior Assistant Judge, Dumuria, Khulna against the present petitioners and oth­ers for declaration and......e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ..

Category: Others | Date: 15 Jul, 2012 | Hits: 6

Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)

....y;ment and decree dated 10-6-1998 passed by the learned Joint District Judge, 3rd Court, Mymensingh dismissing Title Appeal No.233 of 1995 affirming those dated 25-6-1995 passed by the learned Senior Assistant Judge, Iswargonj, Mymensingh decreeing Title Suit No.33 of 1992. 2. It is stated in t...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ..

Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18

Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)

....9; Prahlad Singh Bhati Vs. NCT Delhi, AIR 2001 SC 1444; Nishar Ahmed Vs. State PLD 1971 SC 174. Lawyers Involved: Md. Amanul Karim, Advocate—For the Petitioners. Sharmina Haque, Assistant Attorney General—For the State. Criminal Miscellaneous No.19132 of 2012. J...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10

Government of the People’s Republic of Bangladesh Vs. Orex Network Limited and others, 2012, 41 CLC (AD)

....ladesh represented by the Secretary, Ministry of Works Vs. Md. Jalil and others, (1997) 49 DLR (AD) 26. Lawyers Involved: Murad Reza, Additional Attorney General (with Sheikh Shaifuzzaman, Assistant Attorney General), instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Appellant. ......al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs. Ed. This Case is also Reported in: ......al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 20 Jun, 2012 | Hits: 94

Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)

....to- Central London Property Trust Ltd. Vs. High Trees House Ltd. (1956) 1 All ER 26 Lawyers Involved: Md. Mutahar Hossain, Advocate—For the Petitioner. Dr. Md. Bashir Ullah, Assistant Attorney-General with Nusrat Jahan, Assistant Attorney-General—For the Respondent. ......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148   ......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148   ..

Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3

Government of the People's Republic of Bangladesh and others Vs. Md. Harun-or-Rashid and others, 2012, 41 CLC (AD)

....ment of the High Court Division is accordingly modified and the appeal is disposed of in the light of the above observations. No costs. Ed. This Case is also Reported in: 9 ADC (2012) 740. ......ment of the High Court Division is accordingly modified and the appeal is disposed of in the light of the above observations. No costs. Ed. This Case is also Reported in: 9 ADC (2012) 740. ......ment of the High Court Division is accordingly modified and the appeal is disposed of in the light of the above observations. No costs. Ed. This Case is also Reported in: 9 ADC (2012) 740. ..

Category: Employment/Service Law | Date: 18 Jun, 2012 | Hits: 130

Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)

....controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ...... and order discharged the same; hence this peti­tion for leave to appeal. 7.  Mr. AF Hassan Ariff, learned Counsel, appearing for the petitioner relying upon a letter issued by the Head Officer of the Commission addressed to the petitioner vide Memo No. দুদক/২৩৪-২০..

Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10

AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)

....de those dated 4-8-2009 passed by the learned Additional District Judge, Second Court, Dhaka in Title Appeal No.370 of 2003 allowing the appeal and reversing those dated 9-8-2003 passed by the Senior Assistant Judge, Sixth Court, Dhaka in Title Suit No.195 of 12002 decreeing the suit. 2. The fa...... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ...... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ..

Category: Property Law | Date: 13 Jun, 2012 | Hits: 27

Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)

.... Constable. But respondent No.4 placed the petition­er under suspension with effect from 09-11-1999 on the ground of misappropriation of money which was proved by an inquiry held by Mohammad Ali, Assistant Police Commissioner. The petitioner sub­mitted an application denying the material all......ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ......hy;ing on behalf of the leave petitioner, submits that the petitioner filed a review before respondent No.1 herein against the appellate order according to the newly inserted Section 7A of the Police Officers (Special Provisions) Ordinance, 1976 (Ordinance No. LXXXIV of 1976) as amended by the Publi..

Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390

Secretary, Ministry of Land, People's Republic of Bangladesh and others Vs. Saiful Islam Chowdhury and others, 2012, 41 CLC (AD)

....he concerned authority for inclusion of their names in place of their deceased father and the other lessee Syed Muhammad Ullah and that application is still pending for decision. 4. That the Assistant Commissioner (Land), Companygonj, Sylhet in violation of the above mentioned memo dated 1...... view of the above, it is evident, that there is no merit in this Civil Petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 832. ...... view of the above, it is evident, that there is no merit in this Civil Petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 832. ..

Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5

Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)

....0.01.2002 issued under the signature of the respon­dent No.5 (annexure-Q to the writ peti­tion) and obtained rule. 3. The case of the writ petitioner, in short, was that while he was employed as Assistant Manager (Local Purchase) in Bangladesh Biman Corporation (the "Biman" in short) he receive......ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ......ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ..

Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388

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

.... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ...... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ...... held on 29-12-2008, the appellant-petitioner and respondent Nos.1-4 were the contesting candidates. At the initial stage of the election process, the Deputy Commissioner, Tangail acting as Returning Officer received objections and information about disqualification of the petitioner on two counts, ..

Category: Election Law | Date: 5 Jun, 2012 | Hits: 217