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

....d Writ Petition No.5509 of 2002. A Division bench of this Court on 28-8-2005 opined to file suit and this suit was filed. 4. Defendant No.1-5, 33-39 and 6-31 field three separate sets of written statements and contested the suit. 5. It is the Case of defendant No.1-5 that suit land recorde......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. ..

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

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

....is that one Habibur Rahman lodged FIR on 22-5-2007 with Rajbari P.S. against three accused persons including the petitioner alleging, inter alia, that the petitioner is the Motwali of Khandaker Wakf Estate. She illegally sold some property of Wakf Estate and misappropriated the proceeds of the same....... 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. ..

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

Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)

....ough in the pres­ent Rule the petitioner has challenged the attempt of Dhaka City Corporation to allot temporary shop to the Hawkers who are admittedly trespass­er, but in fact in view of the statements so made in the affidavit in opposition Dhaka City Corpora­tion has already given allo......nciple that unless final order is passed in a matter, person interested in the matter or persons apprehensive or being affected by the act of functionaries performing functions in connection with the affairs of the Republic or of a local authority is not entitled to invoke writ jurisdiction, as has ..

Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2

Swadhin Chandra Mandal and others Vs. Bangladesh University Grants Commission (UGC), 2012, 41 CLC (HCD)

....r referred to as PSTU and was qualified in the admission test held on 10-12-2011, the result of which was published on the same day. Petitioner No.2 is a student who sat in the said admission test as stated above under the said Unit-A (Application PIN No.894391 and Roll No.10146) and he has been kep...... Department of Animal Husbandry at Honours level in order to offer BSc (Hons) Degree. Mr. Bodruddoza continues to submit that the UGC Order, 1973 vests powers in the UGC to assist and co-ordinate the affairs of the universities within Bangladesh but not to boss around the functions of the universiti..

Category: Others | Date: 14 Mar, 2012 | Hits: 5

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

....urt Division. The appellate Court has power to enhance the sentence under section 423 (bb) in an appeal for enhancement of sentence. So this power can be exercised only when an appeal is filed by the state or the complainant, and in other cases initiated on a police report, if the state does not pre...... 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. ..

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

Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....11. Judgment Mirza Hussain Haider J. - The petitioner obtained this Rule Nisi calling upon the respondents to show cause as to why the decision to automatically upgrade the high profile state dignitaries, so far it relates to the Members of the Parliament only, who are at serial No.13......rough which the national flag career can overcome its bad reputation of a permanent “losing concern.” 14. Thus, we direct Respondent No.1, the Ministry of Civil Aviation, to look into the affairs of the administration, management, flight operation and the accounts relating to earning fr..

Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17

Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)

....cial Case No.11 of 1993, then pending in the Court of Divisional Special Judge, Dhaka, and further proceeding of that case was also stayed. 3. Facts relevant for disposal of the Rule are briefly stated below:— One Abdus Sattar Sarkar, Inspector of the Bureau of Anti-Corruption (short......al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ..

Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9

Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)

.... of Special Case No.9 of 1993, then pending in the Court of Divisional Special Judge, Dhaka. Further proceeding of that case was also stayed. 2. Facts relevant for disposal of the Rule are briefly stated below:- An Inspector of the Beauru of Anti Corruption (shortly Beauru), Dhaka lodged a Fi......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37

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

....cution in all examined nine wit­nesses in this case and they were cross-examined by the defence and P.W.1 is not an eye-witness and P.W.2 is the injured victim who gave exaggerated and contradictory statement to the prosecution story and P.W.3 is a interested witness who also gave contra­dictory s......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. ..

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

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

..... 7. Mr. Syed Amirul Islam, learned Senior Advocate, appearing on behalf of the leave petitioner, submits that the High Court Division failed to notice that a com­pany in liquidation cannot reinstate respondent No.1 to his former post as no business is carried out by a liquidated company and t...... 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. ..

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

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

....l appearing on behalf of the petitioner submits that the convic­tion and sentence of the petitioner is not supported by legal evidence. He points out that there was inordinate delay in recording the statements of witnesses which rendered the evidence shaky. He submits that the prosecution was not a......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. ..

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

Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)

....secution examined nine witnesses including the Informant, Investigating Officer, Victim and the Doctor who examined her immediately after the occurrence. Of them P.W.5 Sanjoy Kumar Das, the informant stated that at the time of occurrence he was at his house. He heard about the occurrence firstly fro......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..

Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168

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   ......ala deed for return of the exchange land with defendant No.2 Taheruddin, brother of defendant No.2 had good relationship with defendant No.3, and defendant No.2 relied defendant No.3 with all worldly affairs, with good belief, executed aforesaid deed of exchange in favour of defendant No.3 which was..

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

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

....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. ......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. ..

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

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

.... the Chief Election Commissioner to take action against the appellant, but to no avail. So, respondent No.1 filed the election petition before the High Court Division. 6. The appellant filed written statement and also an additional written statement. He has denied the allegations about his disquali......gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Grameen Phone Ltd Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) and others, 2012, 41 CLC (HCD)

....t if the government is of the view that any condition of the license has to be amended, it may direct the BTRC to do such amendment and such amendments may be brought about only after seeking written statement from the licensee and after consideration of such written statement, if any. .......... (2......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 401. ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

....nt Nos. 1-4 and their mother Samsun Nahar as defendants. 5. During pendency of the suit Shamsun Nahar died leaving behind the defendant Nos. 1 -4 as her legal heirs in the said suit; it was also stated in the plaint that late Badsha Miah left behind proper­ties worth Taka 3 crores as per ca......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

Human Rights and Peace for Bangladesh (HRPB) Vs. The Mayor, Dhaka City Corporation and others, 2012, 41 CLC (HCD)

....bazar area due to the closure of the car park. The matter involves great public importance and hence this is public interest litigation. 5. A report published in The Daily Star on 03.04.2010, stated that the Dhaka City Corporation is constructing shops in the place which was used as a car p......can be treated as a public interest litigation, and the necessity of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:..

Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15

Abdur Razzak Vs. State, 2012, 41 CLC (HCD)

.... Anwarul Huq, Tester. 9. After receipt of the record, the learned Divisional Special Judge took cognizance of the offence and subsequently, by the impugned Order dated 8-6-1994, framed charge as stated before. 10. The essence of the allegations as narrated in the FIR and charge-sheet is th......dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ..

Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134

Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)

....e with one Nurunnabi Chowdhury. The CID of Police had thoroughly investigated into the allegations and submitted final report in their favour. The informant’s husband Md. Kamruzzaman himself made a statement before the Chief Metropolitan Magistrate, Dhaka stating that he was not kidnapped. Thus th......e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169