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State Vs. Amin Huda, 2011, 40 CLC (AD)
....ibunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......dings of the said two Druta Bichar Tribunal cases. In both the applications, Rules were issued by the High Court Division giving rise to Criminal Miscellaneous Case Nos. 4678 and 4679 of 2008. At the time of issuance of the Rules, further proceedings of both the Druta Bichar Tribunal cases were stay......f the Special Power Act, 1974. Another FIR was lodged by Sub-Inspector Mohammad Nurul Alam of RAB-1, Uttara, Dhaka with Gulshan Police Station on the same day making similar allegations, the place of recovery of the incriminating materials being House No.43, 3, CE/S/A, Gulshan-1, at Road No.116 and ......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ..Category: Criminal Law | Date: | Hits: 112
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......sh Bank and the payment in terms of the LC was duly received by FNMT. Thereafter, the writ-petitioner as agent claimed its due commission, which was refused by the writ respondent No.1 and in the meantime there was correspondences between the writ-respondent Nos.1 and 2 on the one side and writ-resp...... commission to writ petitioner, such commission could be recovered by invoking writ jurisdiction. The answer to this point is in negative. The writ petitioner's remedy lies in the civil Court for recovery of the money as per terms of the agreement. 14. This Division upon consideration of diff...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....te Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......bunal, Dhaka for restoration of the appeal after setting aside the order of default. The Appellate Tribunal by the impugned order rejected the application on the ground that the same was filed out of time by 7 days. The Appellate Tribunal further observed that the appeal being under special statut...... the present petitioners for declaration that the order dated 14-9-2000, issued by present petitioner No.2, namely the Director General, Directorate of Food, Khadya Bhaban, Dhaka imposing penalty for recovery of Tk.1,68, 131.44 from the respondent and the order dated 13-8-2001 issued by present peti......e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ..Category: Administrative Law | Date: | Hits: 181
Md. Jashim and others Vs. The State, 2011, 40 CLC (HCD)
.... High Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Md. Jashim and others ……………..………Petitioners Vs. The State ………………………………….Opposite party Judgment March 14, 2011. Lawyers......er husband accused Jashim now reside at Saudi Arab; that after marriage guardian of the accused Jashim did not accept their marriage, that due to their marriage guardian of the accused Jashim several time physically and mental tortured the alleged victim; that due to their torture the victim on 8.11...... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 64
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....hmed and others…….………Petitioners. Vs. Lutfur Rahman and another……………Respondents. Judgment May 31, 1990. Cases Referred to- Sirish Chandra Das Vs. Sri Sri Chhatteswari Debi Bigraha, 38 DLR (AD) 283; AR Shaw Vs. The Diamond Rock Boring Company Ltd., 1877 QB D......nnexure "B" to the application. 4. It is alleged that the respondent No.1 had totally failed to fulfill the terms and conditions of the two agreements which he had to perform within the stipulated time. It is stated that on different dates the respondent No.1 paid only a sum of Tk. 5,85,000.00 in......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... Mohammad Abdur Rouf J Mahmudul Amin Choudhury J Syed Mokbul Hossain…………Petitioner Vs. Government of Bangladesh, represented by the Secretary of Home Affairs, Bangladesh Secretariat, Dhaka and others ............Respondents Judgment July 17, 1990. Cases Referred to- ......vilege of contained in Annexure‑D to the petition. 2. Facts relevant for the purpose of disposal of the Rule, as have been stated in the petition, in short, are as follows: 3. At the relevant time the petitioner was a Member of the Parliament of Bangladesh. After obtaining his BA (Hon’s) D......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ..Category: Constitutional Law | Date: | Hits: 288
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
....rther directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......the learned Advocates made their submissions treating the application as one under Order VII rule 11 of the Code and the learned Judges also passed the impugned judgment and order accordingly. At the time of hearing of the leave petition Mr. Nurul Amin made his submissions in the light of the findin...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ..Category: Civil Law | Date: | Hits: 86
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ...... parties? 2. Was there any collision between the vessel MV Zahirabad owned by Proforma defendant No.4 and insured with the plaintiff and MV Hios belonging to the defendant Nos.1 and 2 on the date, time and manner as alleged in the plaint? 3.If there was a collision between the two, did careles......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......d in full and he was asked to submit a draft deed of conveyance for formal registration of the property. The plaintiff submitted a draft deed of conveyance but it could not be completed as in the meantime several organizations like Bangladesh Jute Marketing Corporation, Jute Trading Corporation Spec......ation from the Government of Bangladesh. Mr. Harman further submitted that the instant eviction proceeding is one under the provision of section 24 of 1970 and PO 85 of 1972 which is a proceeding for recovery of the lands and buildings of the Government and local authorities, totally different from ......ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ..Category: Property Law | Date: | Hits: 389
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
....Respondents Judgment April 2, 1991. Cases referred to- Grey Vs. Pearson, (1857) 6 HLC 61,106; Duke of Buccleuch, (1889) 15 PC 86, 96. Lawyers Involved: Mohammad Mohsen Rashid, Advocate-For the Petitioners. Abdul Wadud Bhuiyan, Additional Attorney‑General‑For the Respondent.......e dissolution of Parliament occurring next after the expiration of the period of ten years beginning from the date of the first meeting of the Parliament next after the Parliament in existence at the time of commencement of the Constitution (Tenth Amendment) Act, 1990, there shall be reserved thirty...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....ani Vs. ANM Mahmood, PLD 1966 Supreme Court 802; Director of Public Prosecutions Vs. Head (1958), 1 All ER 679 (6861) Sultan Ali Naghiana, AIR 1949 (Lahore) 131; Anisminic Ltd. Vs. The Foreign Compensation and another, (1969) 1 All ER 208; Armah Vs. Government of Ghana, (1966) 3, All ER 177(178); F ......21 of 1991 the detenu (Anisul Islam Mahmood) was produced before the said Special Tribunal on 22.5.91 when the Special Tribunal rejected the prayer for bail of the said accused petitioner, In the meantime in Writ Petition No.767 of 1991 this Court stayed the proceeding, of the said Special Tribunal ......hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ..Category: Criminal Law | Date: | Hits: 88
Mustafizur Rahman @ Mustak Vs. State, 2011, 40 CLC (HCD)
....ourt Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Mustafizur Rahman @ Mustak …………………………Petitioner Vs. The State……………………………..………….Opposite Party Judgment March 16, 2011. ......arned Special Tribunal, Court No.1, Kushtia convicted and sentenced the accused petitioner as stated above. 8. Being aggrieved there against since the petitioner could not prefer any appeal within time, he obtained the instant rule on filing an application under section 561-A of the Code of Crimi...... আমি জানি না “ On perusal of his deposition it appears that without complying the procedure for searching as contemplated under section 103 of the Code of Criminal Procedure the recovery of the arms appears to be have made. P.W.4 Md. Keramat, a village police since did not c......currence and surrounded a garden and arrested 3 accused persons there from named Mustafizur Rahman, Rabiul Islam and Maznu and recovered a pipe gun, 3 bullets and a krich from them. He identified the arms in court which was marked as material Exts. I, II, III although this member of the raiding part..Category: Criminal Law | Date: | Hits: 68
Md. Mahmudur Rahman alias Rasel and others Vs. State, 2011, 40 CLC (HCD)
.... Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md.Ashraful Kamal J Md. Mahmudur Rahman alias Rasel and others…….……Petitioners Vs. The State………………………………….Opposite party Judgment March 19, 2011. Lawyers ......ial Tribunal No.3, Tangail convicted the petitioners along with others and sentenced them as stated above. 8. Being aggrieved there against since the petitioners could not prefer any appeal within time, they obtained the instant rule on filing an application under section 561A of the Code of Crim......e and reduced to their sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......e and reduced to their sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 71
Md. Rahim Biswas Vs. State, 2011, 40 CLC (HCD)
....on (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Md. Rahim Biswas alias Rahim Biswas alias Abdul Rahim……………Petitioner Vs. The State……………………………….Opposite party Judgment March 30, 2011. Lawyers Inv......ssions Judge Court No.2, Jhenaidah convicted the petitioner and sentenced them as stated above in absentia. 5. Being aggrieved there against since the petitioner could not prefer any appeal within time, he obtained the instant rule on filing an application under section 561A of the Code of Crimin....../- in default to suffer imprisonment for one month more. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ....../- in default to suffer imprisonment for one month more. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 67
Md. Ismail and others Vs. State, 2011, 40 CLC (HCD)
....eme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Md. Ismail and others ……………Petitioners Vs. The State ……………………………...Opposite party Judgment March 30, 2011. Lawyers Inv......ies the learned Special Tribunal No.4, Chandpur convicted the petitioners and sentenced them as stated above. Being aggrieved there against since the petitioners could not prefer any appeal within time, they obtained the instant rule on filing an application under section 561A of the Code of Crim......rgone with fine as stated above. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......rgone with fine as stated above. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 77
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
....wer Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ......92 at 7:00 a.m. and inquest report was prepared on the same date at 12 noon. He submits that the prosecution totally failed to prove the case beyond reasonable doubt particularly in respect of place, time and manner of occurrence. He further submits that admittedly, the place of occurrence was the T...... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ...... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 73
Kalim Mollah @ Siddique and others Vs. State, 2011, 40 CLC (HCD)
....gh Court Division (Criminal Revisional Jurisdiction) Present: AKM Asaduzzaman J AKM Zahirul Hoque J Kalim Mollah @ Siddique and others…….……………Petitioners Vs. The State …………………………………………………………….Opposite party Judgment......er reopen of the matter for further investigation on suspicious and they are in custody for more than a year, although the matter was sent for further investigation long before and even after laps of time for more than a year, the CID could not complete the investigation, accordingly the petitioners......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 80
Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)
.... within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......12.1985 for flagrant violation of the condition of the said lease deed. That had the documents regarding the lease in favour of “Hanif Industries” and “Dainik Janakantha” been produced at the time of hearing of the rule the impugned judgment and order would not have been passed and as such t......it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ..Category: Property Law | Date: | Hits: 85
Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....er book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......f the plaintiffs claimed the suit land as their purchased land in Other Suit No.17 of 1957, but failed to produce any kabala and never pointed out the existence of patta dated 10.05.1913. That at the time of R.S. operation the predecessor of the defendant Nos.1-4 Abdul Ali went to Rengun for earning......h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370...Category: Property Law | Date: | Hits: 77
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....ismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......ed. The respondent No.1 appointed Mr. Aminul Haque as arbitrator and the petitioner appointed Mr. Habibur Rahman Sharif as arbitrator. But the arbitration could not be concluded within the stipulated time though the time for passing award was extend from time to time. Ultimately, Mr. Aminul Huq be......Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ..Category: Alternative Dispute Resolution | Date: | Hits: 182
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