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Government of Bangladesh and oth­ers Vs. Md. Badal and another, 2012, 41 CLC (AD)

....wed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......…………………………(20) Lawyers Involved: Rajik-al-Jalil, Deputy Attorney-General instructed by B Hossain, Advocate-on-Record—For the Appellants.(In all cases) Nurul Islam Sujan, Advocate with Mahbub Ali, Advocate instructed by Zainul Abedin, Advocate-on-Record—F...... Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J   Shamsul Huda J   Government of Bangladesh and oth­ers........Appellants Vs. Md. Badal and another……………………………R..

Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20

Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)

....e­pare the paper book out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......eposited within 1 (one) month. The petitioners are permitted to pre­pare the paper book out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ............Respondents (In Civil Petition No.684 of 2009) Order April 15, 2012. Result: The leave is granted. Lawyers Involved: Khair Azaz Masud, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioners (In Civil Petition No. 642 of 2009). Ab......zammel 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. Ismail and another..........................Petitioners (In Civil Petition No.642 of 2009) Abul Kashem..

Category: Property Law | Date: 15 Apr, 2012 | Hits: 149

Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)

..... This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ...... Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Monsur Hossain (Md.)........................Petitioner Vs. Rahima Khatun and others…………………Opposite-Parties Judgment ..

Category: Property Law | Date: 12 Apr, 2012 | Hits: 6

Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)

....disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......Karim, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-record—For the Petitioners (In Criminal Petition No.190-191 & 233 of 2010). Ahsanul Karim, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-record—For the Petitioners No.1 (In Criminal Petition No.234 of 201......ocate-on-record—For the Petitioners No.1 (In Criminal Petition No.234 of 2010). Criminal Petition for Leave to Appeal Nos.190-191 of 2010 with Nos. 233-234 of 2010. (From the judgment and order dated 8-12-2009 passed by the High Court Division in Criminal Appeal No. 3099, 5249, 5250 ..

Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212

Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)

....r as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ...............Respondent Judgment April 11, 2012. Result: The appeal is allowed. Lawyers Involved: SM Moniruzzman, Deputy Attorney-General, instructed by Md. Zahirul Islam Advocate-on-Record—For the Appellants. Sufia Khatun, Advocate-on-Record—For Respond......General, instructed by Md. Zahirul Islam Advocate-on-Record—For the Appellants. Sufia Khatun, Advocate-on-Record—For Respondent. Civil Appeal No. 478 of 2009. (From the judgment and order dated the 7th day of May, 2009 passed by the High Court Division in Writ Petition No.2775..

Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9

Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)

....at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ......tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ......awyers Involved: Rajik-Al-Jalil, Deputy Attorney General, instructed by Mahmuda Begum, Advocate-on-Record —For the Petitioners. Abdur Rob Chowdhury, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record—For Respondent No.1. Not repre­sented-For Respondent Nos.2-12. Ci...... Appellate Division (Civil) Present: 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………………………Petitioners Vs. Md. Abdus Sattar and others................

Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120

Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)

....he appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ...... others, were put on trial before the Sessions Judge, Sylhet in the above mentioned Sessions case, and was charged under sections 148/458/ 302/34 and 302/149 of the Penal Code. Three accused, namely: Nazrul, Monir Mia and Mazibur @ Majibul were separately charged under section 326/34 of the Penal Co......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......bsp;       Result: The appeal is allowed. FIR cannot be used as substantive piece of evidence FIR is the earlier version of the prosecu­tion case and the statements made therein can be looked into with a view to find the prose­cution story as..

Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2

Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)

..... This Case is also Reported in: 20 BLC (AD) (2015) 135   ......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135   ......ed: B. Hossain, Advocate-on-Record—For the Petition­ers (In all the cases) Abu Siddique, Advocate-on-Record-For Respon­dent No.1 (In Civil Petition No. 356 of 2012) Nurul Islam, Advocate-on-Record—For Respondent No.1 (In Civil Petition No.1988 of 2011). Abu S...... ..

Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13

Md. Mazakat Ali Harun and Others Vs. Export Import Bank of Bangladesh Limited and Others, 2012, 41 CLC (AD)

....irectors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ......ed 15.07.2009 (Annexure-'C-2') and also for issuing notice upon the respondents to show cause as to why the insertions of the name of respondent No.13, namely, Mrs. Nasreen Islam, wife of Mr. Nazrul Islam Mazumder in the list of the Board of Directors of respondent No.1 bank published in the......tice of the AGM dated 15.07.2009 (Annexure-'C-2') and also for issuing notice upon the respondents to show cause as to why the insertions of the name of respondent No.13, namely, Mrs. Nasreen Islam, wife of Mr. Nazrul Islam Mazumder in the list of the Board of Directors of respondent No.1 ba......urt Appellate Division (Civil)  Present Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Mazakat Ali Harun and Others……………………….Petitioners ..

Category: Company Law | Date: 9 Apr, 2012 | Hits: 223

ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ......ourt High Court Division (Special Original Jurisdiction) Present: Zinat Ara J JBM Hassan J ABC Attire Ltd………………….......Petitioner Vs. Bangladesh and others……………...Respondents Judgment April 4, 2012. Result: The rule..

Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45

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. ......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. ...... 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......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: ......dgment 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

Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)

....mendra Sarker J.- I agree. Ed. This Case is also Reported in: ...... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......Magistrate on 5.11.1997 and obtained bail. Subsequently the case was transferred to Mrs. Nandita Das, Magistrate of first class for trial and therefrom it was transferred again to Mr. A. K. M. Aminul Islam, Magistrate of first class for hearing and disposal. 4. The petitioners filed an applica....... This Case is also Reported in: ..

Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218

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. ...... 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. ......cent to his house since his brother-in-law, Md. Lutfor Rahman, resides in the United States of America. On the date of occurrence, that is on 31-5-2001 at about 8-30 PM accused-petitioner No.2 Tofail Islam Hira called vic­tim Mostasim Billa and took him out of his house for drinking 'Virgin&...... ..

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

Anti-Corruption Commi­ssion Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)

....y in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......48(1)2011 is hereby quashed. The trial Court is directed to pro­ceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......ng Protirodh Ain, 2009 should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts of the case, in short, are that one Md. Towfiqul Islam, Assistant Director, Anti-Corruption Commission, Head Office, Dhaka, being informant lodged fi...... Judgment Md. Reazul Haque J.- On an application under section 561A of the Code of Criminal Procedure, Rule was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 14-6-2011 passed by the Metropolitan Sessions Judge, Dhaka in Metro Criminal Revisio..

Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138

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. ......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. ...... 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 Nurul Islam Bhuiyan, Advocate-on-Record—For the Responde...... 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. ......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. ......lam, Senior Advocate (Obaidur Rahman Mustafa, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Dr. Rafiqur Rahman, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.......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. ......hury 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

Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)

....ay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ...... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ......l) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Md. Nurul Islam Khan and others...................Petitioner (In both the cases) Vs. Azizul Islam an......sent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Md. Nurul Islam Khan and others...................Petitioner (In both the cases) Vs. Azizul Islam and others.....

Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119

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...... 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. ...... 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. Shahinur Islam, MM Rahmatullah, Abdul Wadud Vs. State, 14 BLD (AD) 178 = 45 DLR (AD) 48; Khorshed Alam Vs. Az......……………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