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Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)

.... remain in enforce unless the same is cancelled by an appropriate civil Court.…………………(11) Case Referred to- Sultanuddin Chowdhury Vs. Government of the People's Republic of Bangladesh, 32 DLR 252. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Bi...... Nazmun Ara Sultana J   Syed Mahmud Hossain J Md. lmman Ali J       Abdul Mannan Bhuiyan & others…………............Petitioners Vs. Md. Nasir Hossain…………………………………………......Respondents Jud......Muzammel Hossain CJ   Md. A Wahhab Miah J   Nazmun Ara Sultana J   Syed Mahmud Hossain J Md. lmman Ali J       Abdul Mannan Bhuiyan & others…………............Petitioners Vs. Md. Nasir Hossain......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)

....urt Division (Special Original Jurisdiction) Present: Farah Mahbub J    Abdur Rob J Advocate Taimur Alam Khondaker.........................Petitioner Vs. Bangladesh and others...................Respondent Judgment November 29, 2012.  ...... High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J    Abdur Rob J Advocate Taimur Alam Khondaker.........................Petitioner Vs. Bangladesh and others...................Respondent Judgment November 29, 2012.&nb......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

Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)

....p; ......     ......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)

.... Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and oth­ers.................Appellants Vs. Dr. Md. Nazrul Islam Bhuiyan and......uzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and oth­ers.................Appellants Vs. Dr. Md. Nazrul Islam Bhuiyan and others...............Respondents Judgment Novemb...... 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

Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)

.... Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and others..............Appellants (in both cases) Vs. Hamento Kumar Barmon..........l Hossain CJ Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and others..............Appellants (in both cases) Vs. Hamento Kumar Barmon....................Respondents (In Civil Appeal No.327 of 2008) M......we find no other alternative but to dis­miss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......we find no other alternative but to dis­miss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ..

Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12

Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)

....s disgraceful or dishonourable. The scope of "misconduct" is not restricted by technical interpretations of rules of conduct. The term 'misconduct' has not been defined in the Bangladesh Legal Practitioners and Bar Council Order, 1972 or the Rules framed thereunder. But misco......ah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Esrarul Huq Chowdhury…………………...................Appellant Vs. Md. Amir Hossain, Advocate and another…......Respondents Judgment November......se 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)

....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......ourt Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Farid Ahmed J Syeda Sajeda Chowdhury……………Petitioner Vs. The State………………….......................Re......e 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 18, Abdul Quader Vs. State 28 DLR (AD) 39, Nasiruddin Vs. Mamtazuddin Ahmed, 36 DLR AD 14. Lawyers ......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: ......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: ......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 High Court Division (Criminal Revisional Jurisdiction) Present: Abdul Awal J Md. Faruque J Giasuddin-al-Mamun.............................Accused-petitioner Vs. State and another…………….....................Opposite-part......cation 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)

....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: ...... Vs The State.…………………………..............Respondent Judgment November 26, 2012. Result: The Jail Petition is dismissed. Cases Referred to- State Vs. Tasiruddin, 13 DLR 203; Nalu Vs. State reported in 1 Apex Law Report’s (AD) 222. Lawyers ......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

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......ction) Present: Hasan Foez Siddfque J ABM Altaf Hossain J  Fazlul Haque (Md.)…………………………Petitioners Vs. Bangladesh and others..................Respondents Judgment November 22, 2012. ......te to some other authority until and unless statute permits such sub-delegation.......... (15) Cases Referred to- Barium Chemicals Vs. CL Board, AIR 1967 SC 295. Lawyers Involved: Abdul Matin Khasru with Pankaj Kumar Kunda, Advocate-For the Petitioners. Biswajit Roy Deputy A......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…...... 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 ......is 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)

....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. ......Court Division (Criminal Miscellaneous Jurisdiction) Present: M Enayetur Rahim J Md. Akram Hossain Chowdhury J MA Motaleb Bhuiyan.....................Accused-Petitioner Vs. State and another………………………&h...... scope of review as provided in the Code of Civil procedure is not available in the Code of Criminal Procedure............ (13) Cases Referred to- 60 DLR (AD) 1, Lawyers Involved: Abdul Baset Mojumder, Advocate with Khandaker Mahbub Hossain, Advocate and Sk Mohammad Ali, Advocate......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)

.... 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. ......2013) 118. ...... in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ...... 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

Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)

....n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Aminullah and others……………………Appellants Vs. Serajul Huq and others……………………Respondents Judgment November 21...... This Case is also Reported in: 18 MLR (AD) (2013) 131. ......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ..

Category: Property Law | Date: 21 Nov, 2012 | Hits: 27

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:......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. ......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......l Appellate Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Shawkat Hossain J Khorshed and another………………Condemned-Appellants Vs. State………………….................................... Vs. King Emperor, AIR 1925 PC 1; Masum Howlader Vs. State, 2 BLC 173; State Vs. Abdur Rashid Piada alias Abdur Rashid Sardar, 40 DLR (AD) 106; Sohel Sanaullah Vs. State; 63 DLR (AD) 105; Babul alias Abdul Majid Khan Vs. State, 42 DLR (AD)186; Bakul Chandra Sarkar Vs. State, 45 DLR 260; Hazrat Ali V......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...... 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.   ......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: ...... 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: ......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       ......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...... This Case is also Reported in: 65 DLR (HCD) (2013) 134       ...... 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