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

....minal Appellate Jurisdiction) Present: Mir Hashmat Ali J   Jahangir Hossain J   Ishaque Ali (Md.).....................................Appellant Vs. State……………………………&hellip...... (Criminal Appellate Jurisdiction) Present: Mir Hashmat Ali J   Jahangir Hossain J   Ishaque Ali (Md.).....................................Appellant Vs. State…………………………&helli......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       ......ed regarding confession. It should be either believed or disbelieved as a whole. ........ (51) Cases Referred to- Noor Mohammad Vs. State, 38 DLR 111; Basir Kha Vs. State, 50 DLR 199; Nurul Islam alias Nur Islam Vs. State, 18 BLD 695; Abdur Razzaque Vs. State, 28 DLR 35; Md. Ali Haider ali..

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

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

.................Plaintiff-Appellants Vs. Md. Mokarram Hossain and others................Defendant-Respondents Judgment July 25, 2012. Result: The appeal is dismissed. State Acquisition and Tenancy Act, 1950 (XXVIII of 1951); Section 144B. No suit or application......urt Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Zakir Hossain J Faizur Rahman (Md.) and another..................Plaintiff-Appellants Vs. Md. Mokarram Hossain and others................Defendant-Respondents Judgment Ju......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.   ......operative and of no legal effect….........................(22) Lawyers Involved: Md. Mafizur Rahman with AQM Shafiullah, Advocates—For the Plaintiff-Appellants. Md. Aminul Islam, Advocate—For the Defendant-Respondents. First Appeal No. 421 of 2009. Judgmen..

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

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

....tly adhered to, particularly, the doctrine of separation of power as enshrined in the Constitution so that there is no transgression by one organ into the domain of the other. The three organs of the State, namely- the Executive, Legislature and the Judiciary, each of which operates in its own domai......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: ...... Rokanuddin Mahmood and Akhter Imam, Senior Counsel 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 responden..

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

Jamat Ali Vs. State, 2012, 41 CLC (AD)

....d. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Jamat Ali....................................................Petitioner Vs. The State..................................................Respondent Judgment July 23, 2012.......nha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Jamat Ali....................................................Petitioner Vs. The State..................................................Respondent Judgment J...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ..

Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70

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

.... Muhammad Imman Ali J Nalu……………………………………………..Petitioner Vs. The State…………..........................Respondent Judgment July 22...... Hossain J Muhammad Imman Ali J Nalu……………………………………………..Petitioner Vs. The State…………..........................Respondent Judgment......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: ..

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)

....fied 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. Cases Referred to- State of U.P Vs. Manbodhan Lal Shriastada, AIR 1957 (SC) 1912, Aminul Islam and others Vs. Jains Fin...... Court High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Md. Mozaffor Hossen and another..........................Petitioners Vs. Government of the People’s Republic of Bangladesh and others…......Respondents......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: ......ting Officer in concluding the investigation within time as has been prescribed by the legislature. Cases Referred to- State of U.P Vs. Manbodhan Lal Shriastada, AIR 1957 (SC) 1912, Aminul Islam and others Vs. Jains Finley and Company Ltd., 26 DLR (SC) 33; Bangladesh Marine Fisheries Asso..

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.  ...... Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others ............Appellants Vs. Mir Md. Imam Hossain………………………….Respondent Judgment July 17......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.  ......y Alam, Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellants. Abdur Rob Chowdhury, Senior Advocate (with. M.A. Samad, Senior Advocate), instructed by Md. Zahirul Islam, Advocate-on-Record-For the Respondent. Civil Appeal No. 209 of 2007. (From the j..

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

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

....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. ......Wahhab Miah J  Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J  Aysha Siddiqua ..............................Petitioner Vs. Fazilatunnesa and other...................Respondents Judgment  July 15, 20......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. ......ve committee was formed on 30-11-1992 with six members. Thereafter on 28-2-1992 this executive committee held its first meeting wherein the plaintiff was present. That plain­tiff's son Kamrul Islam as the project co-ordinator of WDP project obtained salary as well as house rent from the fund..

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

Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)

....ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ...... J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Rafiqul Islam and others....................................Petitioners Vs. Md. Azmal Hossain and others..................................Respondents Order ......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......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. Rafiqul Islam and others....................................Petitioners Vs. Md. Azmal Hossain and..

Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16

Marsu Ltd and another Vs. Waliullah, FCA, Partner of M/s. Malek Siddique Wali Chartered Accountant and Receiver of Marsu Ltd, 2012, 41 CLC (HCD)

....akistan, Ministry of Law Vs. Judges of West Pakistan, Lahore, 16 DLR (SC) 535; Raizuddin Khan (Md.) Vs.Mahmudur Rahman, 16 MLR (AD) 61 = 63 DLR (AD) 29; Shahidul Haque, Inspector General of Police Vs.State, 58 DLR (AD) 150; Shukh Dev Sing Vs.Teja Sing, AIR 1954 SC 186 ; Moazzem Hossain. Vs. State, 3......sp;   ......is acquitted from the charges brought against him. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ......is acquitted from the charges brought against him. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ..

Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5

Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)

....ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......in CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Golzar Hossain, Advocate........................Petitioner Vs. Janata Bank, Ullapara Branch, Sirajgonj........Respondent Judgment July 8, 2012. Res......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143

Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)

.... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183.  ......d. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Safi Uddin...........................Petitioner (In person) Vs. District Judge, Dhaka & others.......Respondents Judgment July 8, 2012. ...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183.  ...... July 8, 2012. Result: The petition is dismissed. Lawyers Involved: Safi Uddin, in person -For the Petitioner. Syed Shaheed Hossain, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 2208 of ..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108

City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)

....xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......urisdiction) Present: Nozrul Islam Chowdhury J Mohammad Ullah J City Bank Ltd……………………......................Petitioner Vs. Labour Appellate Tri­bunal and others ..........Respondents Judgment July 7, ......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......peal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ..

Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2

Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)

....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ...... Present: Farah Mahbub J Abdur Rob J Ancient Traders Limited, Facy Building (2nd Floor), 87 Agrabad C/A, Chittagong-4100 and others……………………………Petitioner Vs. Chittagong Port Atuthority, Bandar Bhaban, P.S. Bandar, Chittagong and others…………......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: 21 Jun, 2012 | Hits: 20

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

....ivision (Criminal Miscellaneous Jurisdiction) Present: AKM Fazlur Rahman J Md. Rezaul Hasan J Aslam @ Billal & another.......................Petitioners Vs. State....................................................Respondent Judgment   &......h Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Fazlur Rahman J Md. Rezaul Hasan J Aslam @ Billal & another.......................Petitioners Vs. State....................................................Respondent Judgment &nbs...... 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. ......used............(28) Cases Referred to- Nawsher Shafder Vs. State, 39 DLR (AD) 195; State Vs. Ali Hossain; 18 BLD 655 = 4 BLC 43; Abdul Motaleb Vs. State, 27 DLR (1975) 665; Shaikh shahidul Islam Vs. State, 44 DLR (AD) 192; Captain, (Retd.) Nurul Huda Vs. State, 8 MLR (AD) 53 = 55 DLR (AD)..

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)

....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: ......a J The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka..................Appellant Vs. Orex Network Limited and others………...............Respondents Judg......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: ......ers Involved: Murad Reza, Additional Attorney General (with Sheikh Shaifuzzaman, Assistant Attorney General), instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Appellant. Mahmudul Islam, Senior Advocate (with M. A. Samad, Senior Advocate), instructed by Nurula Islam Bhuiyan and M..

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

Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)

....sult: All the cases are disposed of on terms. Cases Referred to- HV Kamath Vs. Ishaque (1955)1 SCR 1104 (1126); AHM Mustafa Kamal Vs. Bangladesh, 61 DLR (AD) 10; Md. Delwar Hossain Vs. State, 2006 BLD (AD) 109; M/s Gannysons Ltd. Vs. Sonali Bank, 37 DLR (AD) 42; AFM Naziruddin Vs. Ham...... Md. A Wahhab Mian J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J  Secretary, Bangladesh Bar Council............Petitioner Vs. AFM Faiz and others................Respondents Judgment June 18, 2012. Resu......ended till 30th July,2012 or till publication of the election result in the offi­cial Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70.  ......ended till 30th July,2012 or till publication of the election result in the offi­cial Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70.  ..

Category: Others | Date: 18 Jun, 2012 | Hits: 7

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. ...... Md. Shamsul Huda J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance, Finance Division, Bangladesh Secretariat and others........Appellants Vs. Md. Harun-or-Rashid and others......................................Respondents Judgment ......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. ...... of vacancies according to their seniority. Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General, instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Appellants. Syed Amirul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondents..

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

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

....ain CJ Surendra Kumar Sinha J MA Wahhab Mian J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Dr. Tapan Kumar Dey.............Petitioner Vs. State...................................Respondent Judgment June 14, 2012. Result: ......mel Hossain CJ Surendra Kumar Sinha J MA Wahhab Mian J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Dr. Tapan Kumar Dey.............Petitioner Vs. State...................................Respondent Judgment June 14, 2012. ......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. ..

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

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

.... 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. ...... A Wahhab Miah J   Nazmun Ara Sultana J   Syed Mahmud Hossain J Md. Shamsul Huda J   AK Azad and another..........................Appellants Vs. Mostafizur Rahman and others..............Respondents Judgment June 13, 2012. ...... 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