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

....t High Court Division (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Mahbubur Rahman & others…………………………Petitioners Vs. State………………………………Opposite Party Judgment March 4, 2012. Result: ......me Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Mahbubur Rahman & others…………………………Petitioners Vs. State………………………………Opposite Party Judgment March 4, 2012. Resu......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. ......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)

....reme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Akkas Ali Sarder…………...........Petitioner Vs. State……………………..Opposite-Party Judgment March 4, 2012. Result: The Rule i......83. ......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. ......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)

.... 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. ......Sinha J Md. Abdul Wahhab 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 M......) 624. ...... 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)

....b 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 Vs. The State.........................................................Respondent Judgment March 1....... 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 Vs. The State.........................................................Respondent Judgment ...... Appellate Division (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..............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)

....rt Division (Criminal Miscellaneous Jurisdiction) Present: Mohammad Marzi-ul-Huq J Md. Ruhul Quddus J Nobendu Das alias Ronju…………………Petitioner Vs. The State…………………....................Opposite Party Judgment February 29, 2012. ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Mohammad Marzi-ul-Huq J Md. Ruhul Quddus J Nobendu Das alias Ronju…………………Petitioner Vs. The State…………………....................Opposite Party Judgment Februa......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:......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

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

....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. ...... Md. Abdul Wahhab Miah J Nazmun 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) ...... 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. ..

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

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

....ers thereafter were given lease of the said land on yearly basis and they had been possess­ing the said land as before. That on 12.04:2000 the writ petitioners submitted an application to the former State Minister, Land for giving permanent lease of the said land to them and the Hon'able State Mini......angladesh rep­resented by its Secretary, Ministry of Land, Bangladesh Secretariat Building, Abdul Gani Road, Ramna, Dhaka and others ...................................................Petitioners Vs. Mozammel Haque and others............Respondents Judgment February 23, 2012. Result...... 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

Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)

....is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......zmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Dream Land Properties Ltd.................................................................Petitioner Vs. Hazi Abdul Wazed being died his heirs; 1. Abul Kashem and others..........Respondents Jud......7. ......is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ..

Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147

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

....posal Co Ltd V. Russell (Valuation Officer)[2000]1 All ER, 97, Re Nanaimo Community Hotel Ltd [1944]4 DLR 638, Johnson v Johnson [1952] 1 All ER 250 at 251-252, [1952] P 47 at 50-51, D.G. Mahajan Vs. State of Maharashtra, AIR 1977 SC 915, Farooq Ahmed Khan Leghari Vs. Federation of Pakistan and othe...... for Leave to Appeal here. Supreme Court Appellate Division Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Syed Mahmud Hossain J Md. Abul Kashem.............................Appellant Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents Judgment ...... at length. We are in agreement with him that the ordinary function of an explanation is to clarify, to facilitate the proper understanding of a provision, to serve as a guide, as held in the case of Muhammad Hussain Patel. Nevertheless, it does not exhaust or complete the function and the purpose o......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)

....rameen Phone is not vatable. Referring to section 21(4) of the Telecom Act, 2001, Mr. Haq points out that since the amounts receivable by the BTRC are to be deposited in the Consoli dated Fund of the State, the licence fee, renewal of licence fee or spectrum fee etc. should be regarded as being excl......t High Court Division (Special Original Jurisdiction) Present: Farid Ahmed J  Sheikh Hassan Arif J Grameen Phone Ltd...............................Petitioner Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) and others…….............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. ......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

Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......dul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Shahjahan Atmasder................................Petitioner Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Agriculture and ot...... (2012) 237. ......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ..

Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324

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

....ellip;…….....Respondents Judgment  February 7, 2012. Result: The appeal is disposed of with Directions. Cases Referred to- Harjinder Singh Vs. Punjab State Warehousing Corporation CDG Law Journal 210 (SC) 462; Ramon Services (P) Ltd Vs. Subhhash Kapo...... Court High Court Division (Civil Appellate Jurisdiction) Present: Nozrul Islam Chowdhury J KM Kamrul Kader J Tarik Hossain and others...................Appellants Vs. Dulari Begum & Others……………….....Respondents ......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. ......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)

....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:......vision (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Jahangir Hossain J Human Rights and Peace for Bangladesh (HRPB)....................Petitioner Vs. The Mayor, Dhaka City Corporation, City Corporation Bhaban, Ramna, Dhaka, Bangladesh and o......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:......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)

....Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohamad Ullah J Abdur Razzak……………………..Accused-Petitioner Vs. State………………………Opposite party Jud......Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohamad Ullah J Abdur Razzak……………………..Accused-Petitioner Vs. State………………………Opposite party......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. ......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)

....Division (Criminal Appellate Jurisdiction) Present: Mohammad Marzi-ul-Huq J Md. Ruhul Quddus J Shah Md. Saiful Alam alias Liton and another…………………Appellants Vs. The State……………………Respondent Judgment February 2, 2012. Result: The appeal is......High Court Division (Criminal Appellate Jurisdiction) Present: Mohammad Marzi-ul-Huq J Md. Ruhul Quddus J Shah Md. Saiful Alam alias Liton and another…………………Appellants Vs. The State……………………Respondent Judgment February 2, 2012. Result: 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: ......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

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

....;          Muzibur Rahman and others ……………….... Appellants (In Criminal Appeal No.3 of 2006) Vs. State and others... ………............................Respondents (In both cases) ......bsp;           Muzibur Rahman and others ……………….... Appellants (In Criminal Appeal No.3 of 2006) Vs. State and others... ………............................Respondents (In bot......mmut­ing the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ......mmut­ing the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....­ty of Waqf permanently but only of temporary in nature, that is, periodic lease. ................(82) Case Referred to- Dominion of India Vs. Shribai A. Arabinda Bose, AIR 1955 SC 296; State of Rajasthan Vs. Sripal Jain, AIR 1963 SC 1323; Rohit Pulp and Paper Mills Ltd. Vs. Collector ......sp; Nazmun Ara Sultana J Syed Mahmud Hossain J   Md. Shamsul Huda J   Md. Imman Ali J  Kalim Ullah (Md.) and others ...............Appellant Vs. Fariduddin Ahmed………………………&he...... Privy Council in Attorney-General for Ortario Vs. Mercer, (Jyy3) AC 767 (778);Lord Campbell in RV. Edmundson (1859) 28 LJMC 213; Great Western RY. Vs. Sarindon Ry, (1884) 9 AC 786; East Pakistan Vs. Muhammad Hossain, 16 DLR (SC) 667; AK Gopalan Vs. State of Madras AIR 1950 SC 27; Hafizuddin Ahmed V......bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)

....ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Mohammad Marzi-ul-Huq J Md. Ruhul Quddus J Moulana Obaidul Mannan………………………Appellant Vs. Moulavi Aminul Hoque……………………Respondent Judgment January 29, 2012. Re......ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. 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 Jan, 2012 | Hits: 169

Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)

.... Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Dr. Khalekuzzaman………………………….......Petitioner Vs. The State and another…………………………Opp......diction) Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Dr. Khalekuzzaman………………………….......Petitioner Vs. The State and another……………………&helli......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ..

Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11

Mosharref Hossain Vs. Governor, Bangladesh Bank and others, 2012, 41 CLC (AD)

....ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Mr Muhammad Imman Ali J Md. Shamsul Huda J Mosharref Hossain………………………………………………………Petitioner Vs. The Governor, Bangladesh Bank and others…………………………………………Respo......t Division Judgment here. Supreme Court Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Mr Muhammad Imman Ali J Md. Shamsul Huda J Mosharref Hossain………………………………......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ..

Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148