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Md. Jamal Uddin Vs. Dr. ABM Morshed Alam, 2010, 39 CLC (AD)

....h Court Division in Criminal Misc. Case No.1576 of 2008). Order Mohammad Fazlul Karim J.- Delay is condoned. This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judgment and order dated the 18th day of May, 2009 passed by the ......r books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1016. ......Advocate-on-Record- For the Petitioner. Ruhul Quddus, Advocate instructed by Md. Zahirul Islam, Advocate-on- Record- For Respondent No.1. Not represented- Respondent No. 2. Criminal Petition for Leave to Appeal No. 354 of 2009. (From the judgment and order dated the 18th day of May, 2009......r books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1016. ..

Category: Criminal Law | Date: | Hits: 39

Abu Taher and others Vs. State, 2009, 38 CLC (AD)

....High Court Division in Criminal Appeal No.351 of 2000). Order Mohammad Fazlul Karim J. - Delay is condoned. This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judgment and order dated the 9th day of August, 2007 passed by th......ned Counsel for the petitioners deserve consideration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ......, 2009. Lawyers Involved: A. F. M. Meshabhauddin, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 344 of 2008. (From the judgment and order dated the 9th day of August, 20......ned Counsel for the petitioners deserve consideration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 31

Mrs. Rokeya Begum Vs. Chartered Credit and Co-operative Limited, 2010, 39 CLC (AD)

....by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008). Order Mohammad Fazlul Karim J. - This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judgment and order dated the 2nd day of June, 2009 passed by the ......dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ......: Rokanuddin Mahmud, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate- on-Record- For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 265 of 2009. (From the judgment and order dated the 2nd day of June, 2009......dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ..

Category: Criminal Law | Date: | Hits: 45

Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)

.... Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abul Kasem………………………………Petitioner Vs. Government of Bangladesh, represented by the Deputy Commissioner, Mymensingh and others………………Responden......ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ......ers………………Respondents Judgment August 1, 2010. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 2530 of 2009. (From the judgment and order dated 27.10.2009 passed by th......ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 27

M/S. Sagar Swamvar Vs. Bangladesh, 2010, 39 CLC (AD)

....vil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Surendra Kumar Sinha J M/S. Sagar Swamvar………………………….Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Fisheries and Live Stocks, Bangladesh Secretar......e disturbed. In view of the above, 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: VII ADC (2010) 957. ...... Appeal No.195 of 2004. (From the judgment and order dated 24.4.2000 passed by the High Court Division in Writ Petition No.2023 of 1995.) Judgment SK Sinha J.- By leave the appellant sought for review of the judgment and order dated 24th March, 2002 of this Division in Civil Petition No.62......e disturbed. In view of the above, 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: VII ADC (2010) 957. ..

Category: Property Law | Date: | Hits: 34

Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)

.... 123....... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123....... 115(1) of the Code of Civil Procedure against judgment and order dated 29-8-99 passed by Subordinate Judge and Artha Rin Adalat at Patuakhali in Miscellaneous Case No.13 of 1998 by which the prayer, for release of the attached property was rejected. 2. Short facts for disposal of the Rule are th...... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123...

Category: Property Law | Date: | Hits: 27

Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)

....2) 118. ......illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ......dgment Md. Hamidul Haque J .- This Rule was issued calling upon the respondents to show cause as to why the detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and wit......illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ..

Category: Criminal Law | Date: | Hits: 34

Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)

....led offence in framing charge is illegal and trial on such a charge is without jurisdiction. In a series of decisions passed by this court as well as by the Appellate Division of the Supreme Court of Bangladesh it is held that where the scheduled and non‑scheduled offences are tried together the q....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......f GR Case No. 215 of 1995 originating from Alamdanga PS Case No. 9 dated 31‑5‑1995, convicting the appellant under section 387 of the Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for a period of ....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ..

Category: Criminal Law | Date: | Hits: 38

Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Ambia Khatun.............................Appellant Vs. Bangladesh and others.............Respondents Judgment August 10, 2009. Cases Referred to- ......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ......dgment and order dated the 8th and 9th day of December, 1997 passed by the High Court Division in Writ Petition No. 1377 of 1995 discharging the Rule. 2. The appellant filed Case No.1007 of 1988 before the Chairman, Court of Settlement, Dhaka under Section 7(1) of the Abandoned Buildings (Supplem......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ..

Category: Property Law | Date: | Hits: 30

Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)

....ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ...... Case No. 45/96 corresponding to GR No.275/96 convicting the petitioner under sections 8, 9(A)(B)(C) of Cruelty to Women & Children (Special) Act, 1995 and sentencing the petitioner (in absentia) for a period of 10(ten) years RI with a fine of Taka 2,000 in default to suffer RI for further perio......ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ..

Category: Criminal Law | Date: | Hits: 37

Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)

.... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ...... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ......shi and another vs Suprava Sundari Devi and others CWN-99-260; Zamir Uddin Ahmed vs Ziaul Haque and others 49 DLR 622. Lawyers Involved: Md. Ozair Farooq with Morshed and Md. Shakhawat Hossain for Nikhilesh Dutta, Advocates — For the Petitioners. Shihabuddin Mahmood for Md. Ismail, Advoc...... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ..

Category: Property Law | Date: | Hits: 44

Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)

....s Judge at Narail after the creation of that District and had to go around as a circuit bench hear­ing sessions at Narail and at Magura. That was a direction given to that court by the Government of Bangladesh. As to the "working days", in the instant case, the Sessions court at Magura could not an......n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139....... with the Kalia Police Station al­leging inter alia that on 24.10.84 his father Golam Hossain and his maternal uncle Belayet Kha and oth­ers went to the house of Gopal Sardar of village Dewa Bhanga for a salish. After holding salish they were returning home and at about evening time they reached i......n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139...

Category: Criminal Law | Date: | Hits: 30

Abdus Sobhan Vs. Secretary, Ministry of Local Government, Rural Development and Co-­operatives and Ors., 1986, 16 CLC (HCD)

....e order of the respondent No. 1 dated 23.4.86 refusing to quash the said reso­lution. 2. The petitioner Mr. Abdus Sobhan is a Sen­ior Advocate of the Appellate Division of the Su­preme Court of Bangladesh residing at Dhaka having his village home within Kowkhali Upazilla of Pirojpur district. ......mpugned resolution is quashed and the im­pugned order is set aside. These will be no order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 136.......he students of the Kowkhali College and Mr. M.A. Salam, the Upazila Nirbahi Officer which resulted in strike in all the edu­cational institutions by the students. Then a co­ordination committee was formed which resolved on 5.11.83 that Mr. Salam should be immediately trans­ferred from Kowkhali in......mpugned resolution is quashed and the im­pugned order is set aside. These will be no order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 136...

Category: Administrative Law | Date: | Hits: 185

Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)

....ight of all circumstances on record and a court may ac­cept that portion of the evidence which gets support from other reliable evidence on record." The Appellate Division of the Supreme Court of Bangladesh in the case of Ekabbar Khan and others vs. The State reported in 29 DLR (AD) 221 also exp......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......udgment and order of the learned Sessions Judge, Bhola passed in Sessions Case No. 19 of 1984 con­victing the appellants under sections 302/34 of the Penal Code and sentencing them to transportation for life with a fine of Tk.5000/- each in default, to suffer rigorous imprisonment for 6 months each......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ..

Category: Criminal Law | Date: | Hits: 27

Md. Makbul Hossain & oth­ers Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)

....oceed­ings before the grant of probate.” 9. In the case of Sreemati Charubala Shen Gupta vs. Abul Hashem and others reported in 33 DLR (AD) 254, the Appellate Division of the Su­preme Court of Bangladesh has held the same view. The relevant portion of the said decision reads as follows:- ......ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......­rected against the order, dated 11.2.87, passed by District Judge, Munshiganj in Probate Case No.3 of 1986 rejecting the petitioners' application under Order1 Rule 10 of the Code of Civil Procedure for addition of parties. 2. One Tarapada Day @ Tarapada Roy executed a will on 29th Agrahayan, 13......ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ..

Category: Property Law | Date: | Hits: 54

M.A. Hai and others Vs. Trading Corporation of Bangla­desh, 1987, 16 CLC (HCD)

....86, 33 of 1986. Judgment Mustafa Kamal J. - These five Rules Nisi were obtained at various times by these seven Peti­tioners under Article 102 of the Constitution of the People's Republic of Bangladesh challenging either the second show cause notices provisionally remov­ing them from the s...... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ......uding the discipli­nary proceedings against the officers and other em­ployees of the Corporation. It is, however, alleged by the petitioners and freely admitted by the respon­dent-Corporation that for purposes of regulating the disciplinary proceedings against its officers and other employees, th...... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ..

Category: Employment/Service Law | Date: | Hits: 80

Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)

....vocates of both the parties at length. 6. The learned Advocate, Mr Mohammed Ali, appearing on behalf of the appellant, submits that, the plaintiff-bank has an agreement signed between them and the Bangladesh Bank in respect of disbursement of 3rd IDA credit as one of the designated banks and the ......0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ...... against the judgment dated 31-1-1991 and decree dated 23-2-1991 passed by Mr. Abdur Razzak, Subordinate Judge, Artha Rin Adalat, Feni, in Artha Rin Money Suit No.1 of 1990 decreeing the suit in part for an amount of Taka 5,67,540.00. 2. The plaintiff, Sonali Bank, brought this suit for recovery ......0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ..

Category: Civil Law | Date: | Hits: 85

Mohammod Hossain, Advocate Vs. Quamrul Islam Siddique, Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others, 2001, 30 CLC (HCD)

....l Jurisdiction) Present: M Hamidul Haque J Md. Imman Ali J Mohammod Hossain, Advocate……. Petitioner Vs. Quamrul Islam Siddique, Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others………… Respondents Judgment 24 October, 2001....... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 88. ......rks, Government of Bangladesh. However, he conceded that there is no specific allegation against respondent No. 2, Registrar of this Court. 2. In this writ petition, the petitioner made a prayer for directing the respondent No. 3 to hold investigation against respondent No.1, 1A and 2 regardi...... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 88. ..

Category: Anti-Corruption Laws | Date: | Hits: 178

Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... ......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......Nos.1, 3 and 5. Anisul Hoque, Senior Counsel-For Respondent No.2. Writ petition No.2910 of 2009 Judgment Nazmun Ara Sultana J.- This Rule was issued at the instance of Begum Khaleda Zia, former Prime Minister and now Leader of the Opposition in Parliament calling upon the respondents to......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ..

Category: Property Law | Date: | Hits: 88

State Vs. Shahin and others, 2009, 38 CLC (AD)

....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ......ucted by Syed Mahbub Hossain, Advocate-on-Record-For the Respondent. (In Criminal PetitionNo.74 of 2009) Not Represented- the Respondent. (In Criminal Petition No.73 of 2009) Criminal Petition for Leave to Appeal Nos. 75, 74 & 73 of 2009. Judgment Md. Tafazzul Islam J. –These pet......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ..

Category: Criminal Law | Date: | Hits: 33