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

....down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......d that the date of occurrence, written as 5-6-2010 in the FIR was a typing mistake. She has denied the suggestion that she filed this case only to harass the convict-appellant. P.W.2, Md. Sajjad Ali is a neighbour of the victim. He has deposed the occurrence took place at about 10.00 pm on 4-6-......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ...... Vs. Monu Miah, 54 DLR (AD) 60. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the appel­lant.  AKM Zahirul Huq, Deputy Attorney-General with Mr. Bibhuti Bhuson Biswas, and Mozammel Haque (Rana), Assistant Attorney-General - For the State.  Criminal Appeal No..

Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64

M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....ellip;………............Defendant-respondents Judgment April 3, 2012. Result: The appeal is allowed. Lawyers Involved: T. H. Khan, Senior Advocate with Md. Jalal Uddin and Mahmudul Alam Bhuiyan, Advocates-For the appellants. S. S. Sarker, Advocate......n amicable partition amongst 3 (three) brothers. Thereafter, Sheikh Kolomdi died leaving behind his only son Kolom Miah as his sole heir and Sheikh Majom died leaving behind his two sons namely Jobed Ali and Toyeb Ali as his heirs and they inherited the same. Kolom Miah got an area of 18 decimals of......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ...... J M/S. Talukder Chemicals Limited, represented by its Managing Director, Mozzamel Haque Talukder alias H.M. Talukder…..........Plaintiff-appellants Vs. Government of Bangladesh and others…………............Defendant-respondents Judgment April..

Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113

Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)

....ve, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ......peal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ...... ..

Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5

Government of the People's Republic of Bangladesh & another Vs. Shahjahan & others, 2012, 41 CLC (AD)

.... This appeal is disposed of with the above observations. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 113. ......, Attorney General (with Murad Reza, Additional Attorney General, instructed by Md. Mushfiqur Rahman Khan, Advocate-on-Record—For Appellants. Rokonuddin Mahmud, Senior Advocate with Mahbub Ali, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record—For Respondents. Civil...... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 113. ...... Rokonuddin Mahmud, Senior Advocate with Mahbub Ali, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record—For Respondents. Civil Appeal No.59 of 2011. (From the judgment and order dated 23-11-2009 passed by the High Court Division in Writ Petition No.7625 of 2009). ..

Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151

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

....-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ......others.......................Respondents Judgment March 20, 2012. Result: The Appeal is allowed. Lawyers Involved: Horendra Nath Nondi, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Appellants. Rafiqul Islam, Senior Advocate, instructed by Nur......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. ...... Present: Md. Muzammel Hossain CJ 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..........

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

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

.... stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ......red as Other Suit No.156 of 1990. That suit was for declaration of title and for permanent injunction. 3. The case of the plaintiff, in short, was that the suit land originally belonged to Nabid Ali whose name was recorded in R.S. khatian. That one Abdul Latif was the superior landlord of the s......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. ......hamsul 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, 2012. Result: ..

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

AHM Kamruzzaman Khan Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other, 2012, 41 CLC (HCD)

....;….(22) The Civil Rule being No.489 (F)/2010 is discharged. Cases Referred to- Messrs Chalna Fibre Company Ltd. Khulna and others Vs. Abdul Jabbar and 9 others 20 DLR (S.C) 335; Md. Shamsuzzaman Khan Vs. M.S. Islam and ors., 28 DLR-1976; Nurun Nahar Zaman Vs. Sea Pearl Lines Lt......39;s records along with a copy of this judgment at once. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18. ......39;s records along with a copy of this judgment at once. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18. ......zzaman Khan………………………….....Plaintiff-Appellant Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other …................Defendant-Respondents Judgment March 19, 2012. Resu..

Category: Company Law | Date: 19 Mar, 2012 | Hits: 689

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

.... (HCD) (2013) 124. ...... 139; Anil Kumar Datta Chowdhury Vs. Province of East Pakistan (1971) 23 DLR 108; Watson and Company Vs. Ramchand Dutta and others LR 17 IA 110 ILR 18 Cal, 10. Lawyers Involved: AJ Mohammad Ali with Mahbub Ali and Md. Ziaul Hoque, Advocates—For the Plaintiff-Appellants. Shashank......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. ......) (2013) 124. ..

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

Commissioner of Customs and another Vs. Equity Construction Pvt. Ltd., 2012, 41 CLC (AD)

....ng with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ......Division (Civil) 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 The Commissioner of Customs, Customs House (Import), Chittagong ......extended till disposal of the appeal. Let this appeal be heard along with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ......Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The Commissioner of Customs, Customs House (Import), Chittagong and another.................................................Petitioners Vs. Equity Constru..

Category: Fiscal/Taxation Law | Date: 15 Mar, 2012 | Hits: 87

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

.... taken against him/her; (4) The prosecution is legally barred………………………………….(24) Cases Referred to- Hussain Mohammad Ershad Vs. State, 14 BLD (AD) 161; Hussain Moham Md. Ershad, Former President, Mrs. Raushan Ara Begum @ Mrs. Raushan Ershad, Abdus Shukur Prodhan, Md......tate, 14 BLD (AD) 178 = 45 DLR (AD) 48; Khorshed Alam Vs. Azizur Rahman, 48 DLR 36; Rahela Khatun Vs. Abdul Hassan and others. Lawyers Involved: Khondaker Mahbub Hossain with Sheikh Moham­mad Ali, Mashfiqul Haque Khan and Masud Rana - For the Petitioner  Md. Shafiqul Islam - For the ...... 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. ......……………Opposite Parties Judgment March 15, 2012. Result: The Rule is made absolute. Inherent power of the High Court Division Both section 151 of the Code of Civil Procedure and section 561A of the Code of Criminal Procedure possess the same formula describing the inherent ..

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

Industrial Promotion and Development of Bangladesh Limited (IPDC) and another Vs. Mrs. Mohsina Rahman and others, 2012, 41 CLC (AD)

.... with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing. Ed. This Case is also Reported in: 9 ADC (2012) 865. ......Division (Civil) 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 Industrial Promotion and Development of Bangladesh Limited (IPDC......r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing. Ed. This Case is also Reported in: 9 ADC (2012) 865. ......sain 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 Industrial Promotion and Development of Bangladesh Limited (IPDC) and another..................Petitioners Vs. ..

Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7

Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)

....e it will be treated as premature. ....................................(17) Cases Referred to- Dr. MA Yahia Vs. Abdul Quader, 14 BLC (AD) 109; RAJUK Vs. Dhaka Water Supply, 14 BLC (AD) 129; Md. Badiul Alam Khondker Vs. M/s Munni Chemical Industries and others, Civil Revision No. 2832 of 20......ot. Learned trial Judge found that the decision has not reached its finality and held that the suit is premature. Learned Judge of the appellate Court did not address to this finding. Mr. AJ Mohammad Ali submits that during pen­dency of the rule the decision was made final by defendant No. 1 If ...... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12.  ...... Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Noor Jahan Begum.........................Appellant Vs. Chairman, BSIC and others.................Respondents Judgment March 12, 2012. Result: The appe..

Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10

Assistant Horticulturist, Agriculture Extension Division, Crop Section Vs. M. A. Sattar Bhuiyan, 2012, 41 CLC (AD)

....sion No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ...... ......d dis­posal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ......mud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Assistant Horticulturist Agriculture Extension Division Crop Section, Bobhanbagh Uddyan Base Police Station-Savar, District-Dhaka and others....................................Petitioners Vs. M. A. Sattar Bhuiyan being d..

Category: Property Law | Date: 12 Mar, 2012 | Hits: 94

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

....LR (AD) (2012) 103. ......012) 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. ......b 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……………………….......Respondent ..

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

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

....owing the Criminal Revision No.54 of 1993 by the learned Additional District Magistrate, Rajbari should not be quashed. 2. The prosecution case, in brief, is that the informant opposite party No.2 Md. Belayet Mondal on 26-03-1993 lodged an ejahar with the Rajbari PS alleging, inter alia, that his......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. ......ed only for either of the three purposes specifically men­tioned in the section which are, firstly, to give effect of any order under the code, secondly, to prevent abuse of the process of the Court and thirdly, to secure the ends of justice. What is 'inherent' is an inseparable incident of a thing..

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

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

....ly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ......me Court Appellate Division (Criminal) 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 Barrister Mainul Hosein......................................Pet...... 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. ......ahhab 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 March 4, 2012. Result..

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

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

....is Division. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......ision (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 Md. Nurul Alam alias Nurul Alam Chowdhury.........Petitioner ......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. ......, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Not represented-For Respondent. Criminal Petition for Leave to Appeal No.32 of 2010. (From the judgment and order dated 22nd October, 2008 passed by the High Court Division in Criminal Appeal No.165 of 20..

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

M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)

.... the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ....... ......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J M/s. Sadharan Bima Corporation.........................Petitioner (In both the cases) Vs. United Fish Exports Limited and others.................Respondents (In both the cases) Judgment February 26, 2012. ..

Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616

Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)

....s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191  21 BLT (HCD) (2013) 39   ......s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191  21 BLT (HCD) (2013) 39   ......s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191  21 BLT (HCD) (2013) 39   ......BLT (HCD) (2013) 39   ..

Category: Property Law | Date: 23 Feb, 2012 | Hits: 6

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

....sposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......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. ...... J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh rep­resented by its Secretary, Ministry of Land, Bangladesh Secretariat Building, Abdul Gani Road, Ramna, Dhaka and others .......................

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